OF ANDHRA PRADESH :: AMARAVATI Jurisdiction) FRIDAY THE TWENTY FIRST DAY OF MARCH TOb THOUSAND AND TWENTY FIVE PRESENT SMT JUSTICE KIRANMAYEE MANDAVA \AIPIT PFTITION NH: 7019 OF 2025 IN THE HIGH COURT . (Special Original the honourable Between: ^g'flSuriirR/rGama®aparem"H/o^^^^^^^^^^ G?am Pancliayat, Kodavalur Mandal. Nellore District. ...Petitioner AND Pradesh Represented by its Principal Secretary A.P. Secretariat, Velagapudi, Amaravathi, 2 The District Endowments Officer. Endowments Department, Nellore, SPSR Nellore District. District 4 Gundapu Sudheer, Kancharapalem, H/o. Utukur 1. The State of Andhra Endowments Department Guntur District '"^'''■^Pdavllu^a Ma7drSPS°R Nellore District ...Respondents of the Constitution of India praying that in affidavit filed therewith, the High Court may Petition under Article 226 the circumstances stated in the order, writ or direction more particularly one in the declaring the order passed by the 2nd be pleased to issue an nature of a Writ of Mandamus NO.A3/E-583684/2024 dated 06-02-2025 holding respondent herein in Re that the determination of the petitioner as landless poor person in the order of Endowments, Nellore in passed by the Assistant Commissioner D.Dis.No.3033/2006, dated 20-02-2007 declaring the petitioner as landless the Statutory Tenant and the and entitled to continue as poor person further action of the 3^^ respondent in holding Public Auction of the lease ^ hold rights in respect of Ac.0.98 cents of wet land comprised in Old Sy. No 36 and New Survey No 38 of Gamallapalem Village, H/o. Bodduvaaripalem Revenue Village, Kodavalur Mandal, SPSR Nellore District on 10-03-2025 contrary to the statutory Rules as illegal, arbitrary, without jurisdiction and unjust, and consequently set- aside the order passed by the 2nd respondent dated 06-02-2025 and direct the respondents to continue the petitioner as the Statutory Tenant in respect of the above extent of the land of the 3^^^ respondent Muth. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order of the 2'’"' respondent in Re. No. A3/E- 583684/2024 dated 06-02-2025 and continue the petitioner the Statutory Tenant in respect of Ac. 1.00 of wet land in old Sy.No.36 and New Survey No 38 of Gamallapalem Village, H/o. Bodduvaaiipalem Revenue Village, Kodavalur Mandal, SPSR Nellore District pending disposal of the above writ petition. as lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to the public auction conducted by the 3'"' respondent on 10-03-2025 in respect of the lease hold rights in Ac. 1.00 of wet land in old Sy.No.36 and New Survey No 38 of Gamallapalem Village, H/o. Bodduvaaripalem Revenue Village, Kodavalur Mandal, SPSR Nellore District including dispossession of the petitioner from the above extent of land pending disposal of the above writ petition. Counsel for the Petitioner: SRI P.SRIDHAR REDDY % Counsel for the Respondents 1 & 2: GP FOR ENDOWMENTS Counsel for the Respondent No.3: SRI NAGARAJU NAGURU Counsel for the Respondent No.4: The Court made the following order: APHC010136102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7019/2025 Between: ...Petitioner Uppala Jayaramaiah, AND ...Respondents The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.P Sridhar Reddy Counsel for the Respondents: I.Nagaraju Naguru 2.GP for Endowments The Court made the following order: Challenging the proceedings of the 2"''^ respondent dated 06.02.2025 cancelling the proceedings dated 20.02.2007 recognizing the petitioner as by the Assistant Commissioner of Endowments, Nellore landless poor person and entitled to continue as the statutory tenant and further action of the 3 respondent in holding Public Auction of the lease hold rights in respect of Ac.0.98 cents of wet land comprised in Old Sy.No.36 and New Sy.No.38 of rd Gamallapalem Village, H/o. Bodduvaripalem Revenue Village, Kodavalur Mandal, SPSR Nellore District on 10.03.2025 contrary to the statutory Rules. Heard Sri P.Sridhar Reddy, learned counsel for the petitioner, learned Government Pleader for Endowments appearing for respondent Hos.1 and 2 and Sri Nagaraju Naguru, learned counsel for respondent No.3. 2. Assistant It is contended that the impugned order was passed without issuing notice. Earlier, a notice was issued on 07.10.2024, enhancing the rent to Rs.1,06,200/- from 2010-2011 to 2023-2024, alleging that the petitioner had not paid makta on par with the neighboring lands in the vicinity of the subject 3. mutt. Learned counsel appearing for the petitioner contended that there was demand from the authorities to pay on par with the neighboring 4. never any lands of the locality. This Court is of the considered view that the show-cause notice was issued, directing the petitioner to show cause as to why an appropriate order should not be passed for not remitting the lease rentals of Rs.1,06,200/- from 2010-11 to 2023-2024. However, the impugned order is passed, cancelling the LLP issued in the year 2007, and the Executive Officer was directed to grant leases of subject lands in public auction. 5. 6. Having regard to the contentions advanced, prima facie this Court finds that the impugned order was passed without issuing any notice to the petitioner. The impugned order is accordingly set aside, and the petitioner is of Rs.1,75,000/- to the 2"'* respondent within a period of four weeks from the date of receipt of this order. The respondent is at liberty to proceed in accordance with law, pursuant to Notice No.1 of 2024, dated 07.10.2024, after giving sufficient opportunity to the petitioner. Accordingly, the Writ Petition is disposed of. There shall be no order as directed to pay a sum 7. 8. to costs. miscellaneous applications shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR As a sequel, all pending \ //TRUE COPY// \ SECTION OFFICER To, \ 1. The Principal Secretary, Endowments Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. The District Endowments Officer, Endowments Department, Nellore, SPSR Nellore District. The Executive Officer, Sri Puta Pakeer Changaiah Dass Muth, Gamallapalem, Bodduvaripalem, Kodavalur Mandal, SPSR Nellore District. One CC to Sri P Sridhar Reddy, Advocate [OPUC] One CC to Sri Nagaraju Naguru, Advocate [OPUC] Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] Two CD Copies 2. 3. 4. 5. 6. 7. RAM /I HIGH COURT DATED:21/03/2025 ORDER g 2 6 MAR 2025 |] . Current Section WP.No.7019 Of 2025 DISPOSING OF THE WP WITHOUT COSTS