NADIPALLI VEERA VENKATA CHOWDARY v. THE STATE OF AP
WP/20073/2025 · 2025-08-03
Kiranmayee Mandava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19297 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19297 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010268932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) a MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20073 OF 2n?fi Between:
1. Nadipalli Veera Venkata Chowdary, S/o late Sai Babu years, Occ Agriculture, R/o Mirthipadu Village, Sithanagaram Godavari District - 533293 aged about 40 Mandal, East
2. Nadipalli Raghuram, S/o Venkata Rao, Aged about 50 Employee, R/o 69-3A-10 SBH Colony, near 5 Buildings Nagavanam Junction Kakinada Urban, East Godavari Dist. 533003
3. Musulla Sathyanarayana, S/o M. Pedda Acchanna Occ Farmer, R/o D.No. 1-296, Near Union Sithanagaram Mandal, East Godavari District - 533293
4. Musulla Subbalakshmi, years, R/o D.No. 1-296, Near Union Bank, Mirthipadu Village, Sithanagaram Mandal, East Godavari District - 533293
5. Mattaparthi Aakarsh, S/o MsWsparthi Saibaba, Aged about D.No. 1-64, Mirthipadu Village, Sithanagaram Mandal - 533293 currently residing at USA rep. by his GPA Holder Kuchipudi Sathyanarayana, S/o Padda Raju, Aged about 68 Mirthipadu Village, Sithanagaram Mandal, East Godavari years, Occ Private Aged about 59 years Bank, Mirthipadu Village W/o Musulla Sathyanarayana, Aged about 50 23 years, R/o East Godavari District years, R/o D.No. 1-64, District- 533293
6. Talasila Durga, W/o Gopala Krishna, Aged about 48 years, R/o 1 Majn Road, Near Gandhi Statue, Muggulla Village, Sithanagaram Mandal East Godavari District 102 r V- ...Petitioners AND
1. The State of Andhra Pradesh, rep. its PrI. Secretary Department), Secretariat Buildings Velagapudi, Amaravathi, Guntur District (Endowments
2. The Regional Joint Commissioner Lalacheruvu Road, Endowments Department, 69-31-2 Bhaskar Nagar Near Sri Datta Sai Temple Rajamahendravaram, East Godavari District - 533105
3. The Assistant Commissioner of Endowments, Danavaipeta, Rajamahendravaram, East Godavari District PIN 533103
4. The Tahsildar, SeethanagaTam Mandal East Godavari District
5. Sri Venugopalaswamyvari Devasthanam, rep. by The Executive Officer Mirthipadu Village, Sithanagaram Mandal, East Godavari District Round Park Road, ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 5threspondent Temple/Executive Officer in addressing a letter dt.
01-03-2025 to the 4th respondent/Tahsildar to mutate the Petitioners lands an extent of Ac 0- 78 cents in Sy.No. 69/1, Ac 1-01 cents in Sy.No. 69/2, Ac 1-28 cents in Sy.No. 69/3A, Ac 0-63 cents and Ac 0-62 cents in Sy.No. 69/3B, Ac 1-25 cents i;: Sy.No. 69/4, Ac 1-47 cents in in Sy.No. 69/5 of Mirthipadu Village, Seethanagarm Mandai, East Godavari District as illegal, arbitrary, against principles of natural Justice and contrary to the provisions of A.P. Charitable
and Hindu Religious Institutions and Endowments Act, 1987 consequently direct the 4th respondent/Tahsildar not to mutate the name of the 5th respondent Temple with respect to Petitioners lands without following due process of law. and lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 4th respondent/Tahsildar not to mutate the name of the 5th respondent Temple with respect to petitioners lands extent of Ac 0-78 cents in Sy.No. 69/1, Ac 1-01 cents in Sy.No. 69/2, Ac 1-28 cents in Sy.No. 69/3A, Ac 0-63 cents and Ac 0-62 cents in Sy.No. 69/3B, Ac 1-25 cents in Sy.No. 69/4, Ac 1-47 cents in Sy.No. 69/5 of Mirthipadu Village, Seethanagarm Mandal, East Godavari District basing on the impugned letter dt. 01-03-2025 addressed by the 5th respondent Temple/Executive Officer without following due process of law pending disposal of the above writ petition.
Counsel for the Petitioners; M/s M L NEELIMA Counsel for the Respondents No.1 to 3;GP FOR ENDOWMENTS Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent No.5:SRI KAPPERA KOTESWARA RAO (SC for Endowments,AP Region.) The Court made the following order:
S7 APHC010268932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SIWT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20073 OF 2025 Between:
1.NADIPALL1 VEERA VENKATA CHOWDARY, , S/0 LATE SAI BABU AGED ABOUT 40 YEARS, OCC AGRICULTURE, R/0 MIRTHIPADU VILLAGE, SITHANAGARAM MANDAL, EAST GODAVARI DISTRICT - 533293 2.NADIPALLI RAGHURAM, S/0 VENKATA RAO, AGED ABOUT 50 YEARS, OCC PRIVATE EMPLOYEE, R/0 69-3A-10 SBH COLONY NEAR 5 BUILDINGS NAGAVANAM JUNCTION, KAKINADA URBAn’ EAST GODAVARI DIST. 533003 3.MUSULLA SATHYANARAYANA, , S/0 M. PEDDA ACCHANNA, AGED ABOUT 59 YEARS, OCC FARMER, R/0 D.NO. 1-296, NEAR UNION BANK, MIRTHIPADU VILLAGE, SITHANAGARAM MANDAL EAST GODAVARI DISTRICT - 533293 4.MUSULLA SUBBALAKSHMI, , W/0 MUSULLA SATHYANARAYANA AGED ABOUT 50 YEARS, R/O D.NO. 1-296 SITHANAGARAM MANDAL NEAR UNION BANK, EAST MIRTHIPADU VILLAGE, GODAVARI DISTRICT - 533293 5.MATTAPARTHI AAKARSH ABOUT 23 S/0 MSWSPARTHI SAIBABA, AGED YEARS, R/O D.NO. 1-64, MIRTHIPADU VILLAGE, SITHANAGARAM MANDAL, EAST GODAVARI DISTRICT CURRENTLY RESIDING AT USA REP. BY - 533293 HIS GPA HOLDER KUCHIPUDI SATHYANARAYANA, S/O PADDA RAJU AGED ABOUT 68 YEARS,, R/O D.NO. 1-64, MIRTHIPADU VILLAGE, SITHANAGARAM MANDAL, EAST GODAVARI DISTRICT- 533293
-^1 /r 2 6.TALASILA DURGA,, W/0 GOPALA KRISHNA, AGED ABOUT 48 YEARS, R/0 1- MUGGULLA VILLAGE, GODAVARI DISTRICT 102, MAIN ROAD, NEAR GANDHI STATUE, SITHANAGARAM MANUAL, EAST ...PETITIONER(S) AND 1.THE STATE OF AP, REP. ITS PRI. SECRETARY (ENDOWMENTS VELAGAPUDI, DEPARTMENT), SECRETARIAT BUILDINGS AMARAVATHI, GUNTUR DISTRICT 2.THE REGIONAL JOINT COMMISSIONER, , DEPARTMENT, 69-31-2, LALACHERUVU ROAD, NEAR SRI DATTA SAI TEMPLE, BHASKAR NAGAR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT - 533105 ENDOWMENTS 3.THE ASSISTANT COMMISSIONER OF ENDOWMENTS, ROUND PARK ROAD, DANAVAIPETA, RAJAMAHENDRAVARAM GODAVARI DISTRICT PIN 533103 EAST 4.THE TAHSILDAR, SEETHANAGATAM MANUAL EAST GODAVARI DISTRICT 5.SRI VENUGOPALASWAMYVARI DEVASTHANAM, REP. BY EXECUTIVE OFFICER, MIRTHIPADU VILLAGE MANDAI, EAST GODAVARI DISTRICT THE SITHANAGARAM ...RESPONDENT(S): Counsel for the Petitloner(S):
1.M L NEELIMA Counsel for the Respondent(S);
1.GP FOR ENDOWMENTS
3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20073 OF 2025 The Court made the following order: Heard Ms.M.L.Neelima,
learned counsel for the petitioners, learned Assistant Government Pleader for Endowments appearing for respondent Nos.1 to 3 and Sri Kappera Koteswara Rao, learned Standing Counsel for respondent No.5.
2. It is contended that the petitioners are the absolute owners of the subject lands having purchased the same for valid
consideration vide registered sale deeds. It is contended that 5*'' respondent has addressed a letter dated 01.03.2025 to the 4'^ respondent-Tahsildar, requesting to mutate the name of
3. the Temple, in respect of the subject land, in the revenue records. The petitioners, upon coming to know of the same, issued a legal notice dated 20.03.2025 to the 4*^ respondent, calling upon him not to enter the name of the 5**^ respondent in the revenue records. 4. The petitioners further contended that no reply to the legal notice has been issued by 4‘^ respondent, however, the subject properties have been placed under the prohibitory list under the provisions of Section 22A(1)(C) of the Registration Act, 1908. The petitioners apprehends that the 4*^ respondent may act on the letter addressed by the 5*^ respondent and may pass orders and mutate the name of the respondent-Temple without issuing notice to
J'’ the petitioners and without considering their objections. Thus, the present writ petition is filed. Sri Kappera Koteswara Rao, learned Standing Counsel for respondent
5. No.5 submits that as per the RSR (Re-Survey Register), the subject lands belong to the Temple, and hence, the petitioners have no claim over the said lands. Considering the submissions made on behalf of the petitioners and the
6. respondents, this Court deems it appropriate to dispose of the writ petition with a direction to the 4*'^ respondent-Tahsildar that before passing the orders on the application dated 01.03.2025, filed by the 5*'^ respondent-Temple, the 4^*^ respondent-Tahsildar shall issue notice to the petitioners and after considering the objections of the petitioners and after granting an opportunity of hearing to them, shall pass appropriateorders in accordance with law. 7. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K TATA RAO D^T^.EGSSTRAR SECTICffepFICER //TRUE COPY// To,
1. The PrI. Secretary (Endowments Department), State of Andhra Pradesh Secretariat Buildings Velagapudi, Amaravathi, Guntur District
2. The Regional Joint Commissioner, Lalacheruvu Road, Endowments Department, 69-31-2, Bhaskar Nagar, Near Sri Datta Sai Temple Rajamahendravaram, East Godavari District - 533105
3. The Assistant Commissioner of Endowments, Danavaipeta, Rajamahendravaram, East Godavari District PIN 533103
4. The Tahsildar, SeethanagaTam Mandal East Godavari District Round Park Road,
5. The Executive Officer, Sri Venugopalaswamyvari Devasthanam, Mirthipadu Village, Sithanagaram Mandal, East Godavari District
6.
One CC to M/s. M L NEELIMA, Advocate [OPUC]
7. One CC to SRI. KAPPERA KOTESWARA RAO, (SC for Endowments,AP Region). Advocate [OPUC]
8. Two CCs to GP FOR ENDOWMENTS, High Court of Andhra Pradesh [OUT] 9.Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT]
10. Two CD Copies NM
HIGH COURT DATED:04/08/2025
ORDER WP NO. 20073 OF 2025 DISPOSING OF THE WP WITHOUT COSTS