::1:: APHC010713722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 36535/2025 Between: 1. GUJJURU TRINADH RAO, S/O LATE SURYA RAO, AGE 71 YEARS, D.NO. 12-23, PEDDADEVANGULA STREET, SOMPETA VILLAGE AND MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH-532284. 2. GUJJUM JAGANNADHA RAO,, S/O LATE SURYA RAO, AGE 73 YEARS, FLAT NO. 302, ANJANADRI ENCLAVE, KAPPARADA, NGGOS COLONY, MURALINAGAR, SRIKAKULAM, ANDHRA PRADESH-530007. 3. S. LAKSHMI,, W/O PATHAN SAHI, D/O LATE SURYA RAO, AGED 54 YEARS, NABARANGAPUR, ODISHA- 764059. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTIR DISTRICT. ::2:: 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, ANDHRA PRADESH STATE. 3. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, SRIKAKULAM, SRIKAKULAM DISTRICT. 4. THE EXECUTIVE OFFICER, SRI KODANDA RAMA SWAMY TEMPLE, SOMPETA, SRIKAKULAM DISTRICT. 5. THE DISTRICT COLLECTOR CUM DISTRICT MAGISTRATE, COLLECTORATE OFFICE, SRIKAKULAM. 6. THE TAHASILDAR, TAHSILDAR'S OFFICE, SOMPETA, SOMPETA MANDAL, SRIKAKULAM DISTRICT. 7. THE SUPERINTENDENT OF POLICE SP, SUPERINTENDENT OFFICE, SRIKAKULAM, SRIKAKULAM DISTRICT. 8. THE SUB DIVISIONAL POLICE OFFICER SDPO, SUB DIVISIONAL POLICE OFFICE, KASHIBUGGA, PEDASA MANDAL, SRIKAKULAM DISTRICT. 9. THE STATION HOUSE OFFICER, SOMPETA POLICE STATION, SOMPETA, SOMPETA MANDAL, SRIKAKULAM DISTRICT. ...RESPONDENT(S): 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 a WRIT OF MANDAMUS declaring the action of the 4th Respondent of Endowments Department, without following the due process of law, without conducting any enquiry, without giving an opportunity of hearing or calling for objections from the petitioners, issued the Notice for vacate on 23-12-2025 within 3days, high-handedly trying to demolish the dwelling House property in D.No. 12-23 in survey No. 259/2A and also affixed a flexi board of Caution Notice in front of the petitioners' house stating that the property belongs to Sri Kodanda Rama Swamy Temple, Sompeta, and ::3:: cautioning the general public not to deal with the property and trying to setup the Endowment office in the petitioner's house and also the 9th Respondent calling the petitioners to the Police Station unnecessarily is illegal, irregular. Arbitrary, Violation of Principle of natural justice and offends Article 14, 19, 21 and 300-A of Constitution Of India and consequently direct the 4th respondent not to vacate the respect Schedule property mentioned in the notice dated 23-12-2025 and pass Counsel for the Petitioner(S): 1. SIMHACHALAM KARUKOLA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR ENDOWMENTS ::4:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.36535 of 2025 This Court made the following ORDER: Learned Standing Counsel for Respondent No.4 submits that in view of orders of the Court dated 13.10.2025 in W.P.No.26829 of 2025 the respondent got issued legal notice in compliance of the orders of this Court. Since the petitioners were issued notices in compliance of the due procedure, it is for the petitioners either to reply to the notice or to allow the respondents to proceed further in compliance of the notice and in accordance with law. He also asserts that without submitting any explanation for the notice issued by the respondents through its counsel, the petitioners straight away approached this Court stalling the further proceedings to be passed in compliance of the orders of this Court dated 13.10.2025. 2. Heard learned counsel for the petitioner and learned Standing Counsel for Respondent No.4 and perused the material placed on record. ::5:: 3. On perusal of the scheme of the Act 30 of 1987, Section 83 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short “Act, 1987) authorises / empowering the 4th Respondent herein for initiation action for removal of encroachments, if any in respect of properties held by temple. Therefore, the Act, 1987 itself conferred the power upon the 4th Respondent for removal of encroachments after following due procedure as explained under Section 83(2) of the Act, 1987. Therefore, the 4th Respondent cannot deviate the procedure as contemplated under Section 83(2). Therefore, issuing impugned notice through advocate by the 4th Respondent is certainly contrary to the purport of Section 83 of the Act, 1987. As per scheme of the Act since he was not permitted to delegate or authorize to employ any other person to exercise his power as contemplated under Section 83 of the Act, 1987. Therefore, the issuance of impugned notice through Advocate by the 4th Respondent is contrary to law and liable to be set aside. 4. Accordingly, the impugned notice issued to the petitioners through Advocate dated 23.12.2025 is hereby set aside. However, the 4th Respondent is at liberty to proceed further in accordance with law, more particularly in accordance with Section ::6:: 83(2) of the Act, 1987. Till then, the respondent authorities are directed not to interfere with the possession and enjoyment of the petitioners herein. No costs. 5. With the above directions, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J DT: 05.05.2026 krk ::7:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.36535 of 2025 DT: 05.05.2026 krk 124