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High Court of Andhra Pradesh · body

2025 DAILYLAW 19787 (AP)

P RAMA CHANDRA REDDY v. THE STATE OF ANDHRA PRADESH

WP/13868/2025 · 2025-05-21

Y Lakshmana Rao

body2025

Judgment text

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THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE IN / / PRESENT WRIT PETITION NO: 13868 OF 2025 Between: P. Rama Chandra Reddy, S/o. Late f. Lakshmu Reddy, Aged about 75 years, Assertibly R/o. D.No.23/10/50/2, New Maruthi Occ: Member of Legislative Nagar, Near SEICOM College, M..R, Palli, Tirupati. ...PETITIONER AND 1. The State of Andhra Pradesh; Rep- by its Principal Secretary Endowments Department Secretariat building, Velagapudi, Guntur. 2. The Commissioner, Endowments Department Government of Andhra Pradesh, Vijayawada. 3 The Assistant Commissioner, Endowments Department Chittoor District. 4 The Asst. Commissioner and Executive Officer, Sri Bugga Matt, Tirupati, Chittoor District. ...RESPONDENTS under Article 226 of the Constitution of India praying that in Petition the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order pr Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4^^ respondent in issuing the proceedings vide Rc.No.7/2025 dated 16.05.2025 in evicting the petitioner treating him encroacher despite be-ing the lawful purchaser under registered sale deeds and proceedings vide Rc.No.7/2025 , ^4tecf*15.05.2025 rejecting the Petitioners application dated 09.05.2025 as ’ f? iiegar, arbitrary and violation of/Articles 14, 21,300-A of the Constitution of India, W.P^No.6348 of 2025 eid Andhra Pradesh Charitable and Hindu Religioui Institutions and Endowments Act, 1987 apart from being violative of Principles of Natural Justice and consequently set aside the same. r 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 of the 4**^ respondent in RC.No.7/2025 dated 16.05.2025 including stay of eviction. Counsel for the Petitioner: SRI -KiNARSI REDDY Counsel for the Respondent No.i & 2: GP FOR ENDOWMENTS Counsel for the Respondent No. 3 & 4: SRI T.VENUGOPAL (SC) The Court made the following: ORDER APHC010276722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] THURSDAY ,THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 13868/2025 Between: ...PETITIONER P Rama Chandra Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.K NARSI REDDY Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS The Court made the following: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 13868/2025 ORDER: This Writ Petition is filed seeking for issuance of Writ of Mandamus declaring the action of respondent No.4/ Assistant Commissioner and Executive Officer, Sri Bugga Mutt, Govindaraja South Mada Street, Tirupati Town and Tirupati District in issuing impugned proceedings vide R.C.No.07/2025, dated 16.05.2025 to evict the petitioner treating him as an encroacher even though the petitioner being a lawful purchaser under registered sale deeds and rejecting the petitioner’s application dated 09.05.2025 as illegal, arbitrary, violation of the orders of this Court in W.P.No.6348 of 2025 and provisions of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for brevity ‘the Act’) besides violation of principles of natural justice. Heard Sri Y.V.Ravi Prasad, learned Senior counsel appearing for the petitioner and learned Advocate General for the respondents. Without going into the merits of the case, it could be observed 2. / \ 3. that the petitioner has an effective and efficacious alternative remedy under Section 83(6) of ‘the Act’ to approach the Endowments Tribunal, which has the power of Appeal to decide the right and entitlement of the petitioner with regard to the disputed property. The impugned proceedings were issued on 16.05.2025 by respondent No.4 and they were served on the petitioner on 17.05.2025. : f\r Learned Advocate General appearing for the respondents submits that for the next fifteen (15) days from today onwards Endowments Department, will not take any coercive steps against the petitioner’s property. 5. In view of the effective and efficacious alternative remedy available to the petitioner under Section 86(3) of ‘the Act’, the petitioner herein is given liberty to approach the Endowments Tribunal for his grievance and for getting appropriate orders as per the merits of the case, in accordance with law, within a period of two (02) weeks from today. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand 4. the 6. closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //true COPY// To, OFFICER ' SECTI jPri^ipal Secretary Endowments Department, State of Andhra Pradesh, Secretariat building, Velagapudi, Guntur. 2. The Commissioner, Endowments Department Government of Andhra Pradesh, Vijayawada. ^ Dislrict^'^^^*^* Commissioner, Endowments Department Chittoor 4. The Asst Commissioner and Executive Officer, Sri Bugga Matt Tirupati, Chittoor District. yya mctu, 5. One CC to Sri K.Narsi Reddy Advocate [OPUC] ^ 6. Two CCs to GP for Endownients, High Court of Andhra Pradesh. 7. One CC to Sri T.Venugopal, Standing Counsel [OPUC] 8. Two CD Copies MBT 1. [OUT] HIGH COURT DATED:22/05/2025 ORDER WP.No.13868of2025 DISPOSING THE W.P WITHOUT COSTS