IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT APPEAL NO: 485 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the order dated 21- 03-2025 passed in W.P. No. 7019 of 2025 on the file of the High Court. Between: Uppala Jayaramaiah, S/o China Subbaiah, aged about 87 years, Agriculturist, R/o Gamallapalem, H/o Bodduvaripalem, Gowtam Nagar Gram Panchayat, Kodavalur Mandal, Nellore District ...Appellant AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Endowments Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District 2. The District Endowments Officer, Endowments Department, Nellore, SPSR Nellore District 3. Sri Puta Pakeer Changaiah Dass Muth, Gamallapalem, rep. by its Executive Officer, Bodduvaripalem, Kodavalur Mandal, SPSR Nellore District 4. Gundapu Sudheer, S/o. Ravi, aged about 40 years, R/o. Kancharapalem, H/o. Utukur, Vidavaluru Mandal, SPSR Nellore District ...Respondents 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 order dated 21-03-2025 in WP No 7019 of 2025 insofar as directing the petitioner herein to pay a sum of Rs. 1,75,000/- to the 3rd respondent herein while allowing the writ petition. Counsel for the Appellant: SRI P. SRIDHAR REDDY Counsel for Respondent Nos. 1 and 2: GP FOR ENDOWMENTS Counsel for the Respondent No. 3: SRI V VENUGOPAL RAO, REPRESENTING SRI NAGARAJU NAGURU The Court made the following: \ APHC010202472025 Bench Sr.No:-4 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 485 of 2025 ...Appellant Uppala Jayaramaiah Vs. ...Respondents The State of Andhra Pradesh and others ********** Advocate for appellant Advocate for respondents Sri P. Sridhar Reddy Learned Government Pleader for Endowments, Sri V. Venugopal Rao, learned Sri Nagaraju Naguru. counsel representing CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 24th April 2025 PC : The present Writ Appeal has been preferred against the judgment and order dated 21.03.2025 passed in Writ Petition No.7019 of 2025. The petitioner had challenged the order passed by the District 2. Endowments Officer, Nellore dated 06.02.2025 wherein it was recorded that the petitioner, being in possession of the property of the mutt, had failed to pay the maktha to the mutt since 2010-2011 till the date of passing of the order and that the amount which was in arrears was to a tune of Rs.1,75,000/- The District Endowments Officer also recorded that a portion of the land came to be acquired by the National Highways Authority of India for which 2 compensation to the tune of Rs.3,39,348/- was determined and the same was paid through cheque No.009612 dated 30.06.2012, which as claimed by the District Endowments Officer, was misappropriated by the petitioner. In the order impugned passed by the Endowments Officer dated 06.02.2025, it was ordered to file a suit for recovery of the compensation amount of Rs.3,39,348/- which is stated to have been misappropriated by the petitioner, along with a suit for recovery of the maktha due from the petitioner. The land which was in occupation of the petitioner as a landless poor in terms of the provisions of Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 was directed to be auctioned by way of a public auction as per the lease rules. 3. The aforementioned order passed by the District Endowments Officer came to be challenged before the learned single Judge on the ground mainly that the said order was in gross violation of principles of natural justice, as no show cause notice has been served upon the petitioner. 4. The Writ Petition was allowed on the same ground. However, while allowing the said writ petition, directed the petitioner to pay Rs.1,75,000/- to respondent No.2 i.e., the District Endowments Officer within a period of four (4) weeks from the date of the order. Learned counsel for the petitioner, being aggrieved by the said judgment and order, has preferred the present appeal on the ground that having held that the order impugned passed by the Endowments Officer was 5. 3 ' in gross violation of principles of natural justice, there was no occasion for the learned single Judge to proceed to order payment of an amount of Rs.1,75,000/-. 6. Learned counsel for the appellant would submit that the appellant had earlier been rendering services as an Archaka and that whatever amount was paid as maktha, the same was refunded to the appellant on account of the services so rendered in such a capacity. It was argued that had the appellant been given an opportunity of being heard pursuant to issuance of a show cause notice, all these facts would have certainly been brought to the notice of the learned single Judge. 7. Learned counsel for the respondents state that the appellant cannot claim dual capacity as a tenant in terms of Section 82 of the Endowments Act or as an Archaka simultaneously. 8. However, all these issues can be gone into by the concerned authority i.e., the District Endowments Officer. In our opinion, the judgment and order impugned is unsustainable. All issues remain open to be considered by the District Endowments Officer, who shall proceed to issue a show cause notice which shall be responded to by the appellant herein. It would be open to the said Officer to pass appropriate orders. 9. Accordingly, the Writ Appeal is allowed. No order as to costs. 4 Pending miscellaneous applications, if any, shall stand closed. SD/- S.V.S.R.MURTHY JOINT REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Endovyments Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District 2. The District Endowments Officer, Endowments Department, Nellore SPSR Nellore District 3. The Executive Officer, Sri Puta Pakeer Changaiah Dass Muth, Gamallapalem, Bodduvaripalem, Kodavalur Mandal, SPSR Nellore District 4. One CC to Sri P Sridhar Reddy Advocate [OPUC] 5. One CC to Sri Nagaraju Naguru Advocate [OPUC] 6. Two CCs to GP for Endowments, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC HIGH COURT DATED:24/04/2025 JUDGMENT WA.No.485 of 2025 OF o 21 APR 2025 m f/ar O Current Section ★ ALLOWING THE WA WITHOUT COSTS