Kandikattu Ramaiah, S/o Mallaiah, v. State of Andhra Pradesh,
WP/22351/2016 · 2025-02-19
K Manmadha Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18849 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18849 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010261312016
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 22351/2016 Between: Kandikattu Ramaiah, S/o Mallaiah, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. SATHEESH KUMAR EERLA Counsel for the Respondent(S):
1. GP FOR HOME (AP)
2. GP FOR REVENUE (AP)
3. GP FOR ENDOWMENTS (AP)
4. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following:
ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“… to issue an order, writ or direction more particularly in the nature of a writ of Mandamus under Article 226 of the constitution of India declaring the action of the respondents in trying into interfere with the peaceful possession of the petitioner and enjoyment of petitioner
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site with an extent of 20 ankanams comprising in Sy.no.94 situated at Jonnawada Village Buchireddypalem Mandal, SPSR Nellore District without initiating any proceedings under Andhra Pradesh Charitable And Hindu Religious Institutions And Endowments Act, 1987 as illegal arbitrary, unjust and also offends Articles 14, 21 and 300-A of the constitution of India and consequently direct the respondents not to interfere with the peaceful possession of petitioner site without following due process of law…”
2. Heard Mr Satheesh Kumar Eerla, learned counsel for the petitioner and the learned Government Pleader for Endowments appearing for the respondents.
3. On hearing, learned counsel for the petitioner submits that the matter is squarely covered by the order passed by this Court in W.P.No.21422 of 2016, dated 30.01.2025, and hence, requests this Court to pass similar
order in this petition also. The operative portion of the said order is as follows:-
“..6. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader for Endowments, if the respondents intend to take any steps against the petitioner with regard to the subject property, they are directed to follow due process of law. Till then, the respondents are directed not to interfere with the peaceful possession of the petitioner over the site to an extent of 60 ankanams comprising in Sy.No.94 situated at Jonnawada Village, Buchireddypalem Mandal, SPSR Nellore District.
7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs…”
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4. Learned Government Pleader for Endowments appearing for the respondents opposed for grant of any relief in the writ petition and prayed to dismiss the same.
5. In view of the submission made by both the learned counsels and upon perusing the entire material available on record, this Court deems fit to dispose of the present Writ Petition in terms of the said order.
6. Accordingly, this Writ Petition is disposed of in terms of the order passed in W.P.No.21422 of 2016, dated 30.01.2025. There shall be no order as to costs.
7. The Registry is directed to attach a copy of the order passed in W.P.No.21422 of 2016, dated 30.01.2025 to this order.
As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Date 19.02.2025 TM
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