Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 15293 (AP)

PATHAKOTA VIJAYA BHASKAR REDDY v. THE STATE OF AP

WP/9799/2025 · 2025-04-16

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010194872025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 9799 of Between: Pathakota Vijaya Bhaskar Reddy and The State of AP and others Counsel for the Petitioner 1. K MOHAN RAMI REDDY Counsel for the Respondent 1. GP FOR ENDOWMENTS The Court made the following order Heard Sri K.Mohan Rami Reddy learned Assistant Government Pleader Counsel appearing for the respondents. 2. The writ petition is filed challenging the action of the issuing the impugned auction notice dated 01.04.2025 for conducting of the auction of the lands in Sy.No.250, 258, 316, 321/2, 323 and 336 admeasuring Ac.5.02, 3.56, 8.79, 1.40, Rameshwaram Village, Proddutur Mandal, Kadapa District, on 16.04.2025 without issuing any notice and without passing any orders on the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 9799 of 2025 Pathakota Vijaya Bhaskar Reddy and others AND others ... Counsel for the Petitioners: K MOHAN RAMI REDDY Counsel for the Respondents: GP FOR ENDOWMENTS Court made the following order: K.Mohan Rami Reddy, learned counsel for the petitioner Assistant Government Pleader for Endowments and learned Standing for the respondents. The writ petition is filed challenging the action of the 6 issuing the impugned auction notice dated 01.04.2025 for conducting of the auction of the lands in Sy.No.250, 258, 316, 321/2, 323 and 336 admeasuring Ac.5.02, 3.56, 8.79, 1.40, 5.61 and 3.30 cents situated at Rameshwaram Village, Proddutur Mandal, Kadapa District, on 16.04.2025 without issuing any notice and without passing any orders on the IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE SIXTEENTH DAY OF APRIL THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA ...Petitioners ...Respondents learned counsel for the petitioners, and learned Standing 6th respondent in issuing the impugned auction notice dated 01.04.2025 for conducting of the auction of the lands in Sy.No.250, 258, 316, 321/2, 323 and 336-1A 5.61 and 3.30 cents situated at Rameshwaram Village, Proddutur Mandal, Kadapa District, on 16.04.2025 without issuing any notice and without passing any orders on the representations, in compliance with the orders passed in W.P.Nos.5132 of 2012 and 6939 of 2012 and in contravention of the provisions of Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. 3. The grievance of the petitioners is that the respondent authorities are proceeding with the auction without disposing of the representations filed on 14.04.2008 and 20.09.2008. In an earlier round of litigation, this Court had directed the respondent authorities to dispose of the said representations. However, the respondents, without complying with the said direction, are proceeding with the public auction in respect of the subject lands. 4. Learned counsel for the petitioners submits that, unless the said representations are duly considered and disposed of, the temple authorities cannot proceed with the public auction. 5. The learned Standing Counsel appearing for the respondents submits that the lease amount being paid by the petitioners is minimal compared to the makthas being paid for neighboring lands. He further submits that the petitioners have been in possession of the land for the past 45 years on payment of nominal lease rentals. It is also submitted that the petitioners are at liberty to participate in the auction scheduled today. 6. In view of the submission made on behalf of the temple authorities that the petitioners are permitted to participate in the public auction, taking into account the representations filed in 2008 seeking recognition of the petitioners as landless poor persons, this Court grants liberty to the petitioners to participate in the public auction scheduled today, which is stated to be open until 4:00 PM. 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 16.04.2025 BSK 136 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 9799 of 2025 Date: 16.04.2025 BSK