> APHC010184402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE R.RAGHUNANDAN RAO WRIT APPEAL NO: 415 OF 2025 Writ Appeal under Clause 15 of the Letters Patent preferred against the order dated 07-02-2025 in W.P.No.30703 of 2015, on the file of the High Court. Between: 1. Smt.K.Padmavathi (since died), (since died) 2. K.Seshaiah, S/o Sri K.Nagaratnam, Aged about 81 years, Occ: Retired Government Service R/o 201, Narayana Vihar Apartment, Vibhavari Block, Nehru Nagar, Tirupati Town and District, (brought on record as LR vide Court orders In IA.No.1 of 2021 in W.P.No.30703 of 2015, Dt.21-01-2025) ...Appeliants/Petitioners AND 1. The State of Andhra Pradesh, Revenue (Endowments-il) Department, Secretariat, Velagapudi, Amaravathi, Rep.by its Principal Secretary. 2. The Commissioner of Endowments, State of Andhra Pradesh, Gollapudi, Vijayawada. 3. The Regional Joint Commissioner of Endowments, Multi Zone-Ill, Tirupati. 4. The Deputy Commissioner of Endowments, Kurnool, Kurnool District. US J 5. Sri Kandala Govindacharyulu Trust, Tirupati Town and District. Rep.by its Manager. 6. The Assistant Commissioner of Endowments, Tirupathi Town and District. ...Respondents 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 grant stay of dispossession of the petitioner from the schedule mention property admeasuring an extent of 508.4 sq.yards in Door No. 158, Theerdhakatta Street, Tirupathi belonging to the 5'^ respondent - Sri Kandala Govindacharyulu Trust, Tirupati Town and District, pending disposal of the main Writ Appeal. Counsel for the Petitioners: SRI M VIDYASAGAR Counsel for the Respondents 1 to 4 & 6: GP FOR ENDOWMENTS Counsel for the Respondent No.5: SRI T VEND GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION) The Court made the following judgment: s ? v> APHC010184402025 Bench Sr.No:- IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 102 [3446] WRIT APPEAL NO: 415 of 2025 Smt K. Padmavathi (since died) and another ...Appellants Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for appellants Advocate for respondents Sri M. Vidyasagar Learned Government Pleader for Endowments, Sri T. Venu Gopal, learned Standing Counsel for Endowments (Rayalaseema Region) CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 17th July 2025 PC : The present Writ Appeal has been preferred against the judgment and order dated 07.02.2025 passed in Writ Petition No.30703 of 2015. It appears that there was a lease executed in favour of appellant No.1 herein by Sri Kandala Govindacharyulu Trust, Tirupati. The lease, however, was terminated by the Executive Officer of the said Trust. Pursuant to the termination of the lease, an order of eviction was passed by the Deputy Commissioner of Endowments, Kurnool, which was challenged in revision petition before the Regional Joint Commissioner of Endowments, Multi 2. r 2 Zone-Ill, Tirupati under Section 92 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, “the Act of 1987”) vide R.P.No.25 of 2007. It appears that during the pendency of the revision petition before the said officer, process was started with a view to conduct the public auction against which the petitioner approached the Government in a revision under Section 93 of the Act of 1987. An interim order came to be passed as an interim measure, which was vacated by virtue of order dated 26.08.2013. 3. The said order came to be challenged by the petitioner in the earlier round of litigation in W.P.No.26656 of 2013, which came to be allowed by virtue of judgment and order dated 13.09.2013 on the ground that principles of natural justice have been violated. Direction was issued to the respondents to grant an opportunity of being heard to the petitioner. It appears that pursuant to the directions so issued, yet, another order came to be passed by the Government dated 28.08.2015 where while rejecting the prayer for stay, the following was observed by the Government;- 4. “3. Her representation was examined afresh. It is observed that Sri Kandala Govindacharyulu Trust, Tirupati owns 7060 Square Yards The trustees have land at Tirtha Katta Street, Tirupati. unauthorizedly leased out lands to one Smt. K. Padmavathi. As there was violation of rules, the Assistant Commissioner of Endowments who is the lawful authority as per Endowment Act has evicted her and taken over possession of the property. Incidentally Smt. K. Padmavathi has constructed a huge building unauthorizedly 3 and enjoyed the same for more than 15 years. Hence her representation has no merits and deserves no consideration.” This order came to be challenged yet again in W.P,No.30703 of 2015 before the learned single Judge of this Court, who disposed of the petition with liberty to the petitioner to challenge the O.A proceedings before the appropriate forum. 5. Case of appellant No.2 is that despite the fact that in the earlier round of litigation in W.P.No.26656 of 2013, there was a direction issued to grant an opportunity of being heard to the petitioner, the same was violated inasmuch as no personal hearing was granted to the petitioner and the decision was taken by the Government only on the representation which was already filed and pending before it. 6. We are of the opinion that the view expressed by the learned single Judge in those circumstances that there was no merit in the case of the petitioners is unsustainable. 7. We, accordingly, set aside the judgment and order impugned. However, we feel that the main issue that is required to be decided is the revision petition which is filed by appellant No.1 herein and is pending before the Regional Joint Commissioner, which needs to be decided at the earliest. We direct that the said revision petition be disposed of positivelywithin three (3) weeks from today. Status quo shall be maintained with regard to the property in question till such time the revision petition is so decided. Although 8. r 4 an objection has been raised by the learned counsel for the respondents that the authority before whom the revision petition is pending is not the authority to decide the issue, yet, appropriate orders can be passed by the said authority even determining its own jurisdiction. 9. Let appropriate orders be passed within the time specified. It is made clear that in case there is any effort made by appellant No.2 to delay the final disposal of the revision petition before the said Regional Joint Commissioner, the protection given by virtue of the present order shall no longer be available and appropriate orders can be passed accordingly. 10. Appellant No.2 shall present himself along with his counsel before the authority on 21.07.2025 at 10:30 A.M. 11. Accordingly, the Writ Appeal is disposed of. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- E. KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// sectioiTofficer To, The Principal Secretary, State of Andhra Pradesh, Revenue (Endowments-ll) Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The Commissioner of Endowments, State of Andhra Pradesh, Gollapudi, Vijayawada. The Regional Joint Commissioner of Endowments, Multi Zone-Ill, Tirupati. The Deputy Commissioner of Endowments, Kurnool, Kurnool District. The Manager, Sri Kandala Govindacharyulu Trust, Tirupati Town and District. The Assistant Commissioner of Endowments, Tirupathi Town and District. One CC to Sri M Vidyasagar, Advocate [OPUC] One CC to Sri T Venu Gopal, SC for Endowments (Rayalaseema Region) [OPUC] Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] Two CD Copies 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. RAM HIGH COURT DATED: 17/07/2025 ORDER WA.NO. 415 OF 2025 g Til xim aeciion ^ DISPOSING OF THE WRIT appeal WITHOUT COSTS