IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI .. (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15029 OF 2025 Between: 1. Aithepalli Bala Subramanyam, S/o. Late Subbaramaiah Aged 63 years, Occ: Cultivation, Rio. D.No.4-62, Srinivasamangapuram, Chandragiri Mandal, Tirupati District (Erstwhile Chittoor District). 2. Gudiyatham Sri Hari, S/o. Murthy, aged 40 years, Occ; Coolie, R/o. D.No.4-69, Srinivasamangapuram, Chandragiri Mandal, Tirupati District (Erstwhile Chittor District). 3. K. Meri, W/o. K. Dasu, aged 58 years, Occ; Coolie R/o. D.NO. 4-6, Srinivasamangapuramu, Chandragiri Mandal, Tirupati District (Erstwhile Chittor District). 4. I. Soma Sekhar, S/o. Chinnaiah, aged 37 years, Occ; Coolie, R/o. D.No.05, Srinivasamangapuram, Chandragiri Mandal, Tirupati District (Erstwhile Chittoor District). 5. J. Sakku bai, W/o. Late J. Changalrayulu, aged 66 years, Occ; Coolie, R/o. D.No. 5-16, Srinivasamangapuram,Chandragiri Mandal, Tirupati District (Erstwhile Chittoor District). 6. I. Bhanu Bhargav, S/o. Bala Subramanyam, aged 27 years, Occ; Coolie, R/o. D.No. 4-62, Srinivasamangapuram, Chandragiri Mandal, Tirupati District (Erstwhile Chittor District). ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Endowments Department, Secretariat, Velagapudi Amaravathi, Guntur District. 2. The District Collector, Tirupati District at Tirupati Erstwhile Chittoor District 3. Sri Swamy Hathiramji Mutt, Rep. its Mahanth,D.No. 123, Gandhi Road Tirupati Town, Tirupati District (Erstwhile Chittoor District). 4. Administrative Officer and Dy. Collector, Sri Swamy Hathiramji Matt, Gandhi Road,Tin]pati Town, Tirupati District (Erstwhile Chittoor District). 5. The Tahsildar, Tirupati Rural Mandal, Tirupati District (Erstwhile Chitotor District). ...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 Auction proceedings in Roc No B4/2262/2003 Dt. 03.06.2025 issued by the 4th Respondent, so far as the proposed auction of leasehold rights in respect of land of Ac 1.14 Cents covered by Sy. Nos 596/IB, 595, and 594 of Mittapalem Village, Srinivasa Mangapuram, Chandragiri Mandal, Tirupathi District issued without complying with the directions of this Hon'ble Court issued vide orders dt. 04.02.2025 in W P. No. 2487 of 2025 earlier filed by these petitioners, as illegal, irregular, irrational and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents particularly Respondents 3 and 4 not to interfere in any manner with the possession of petitioners over their said house site properties. 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 grant stay of all further proceedings, including the contemplated auction of leasehold rights in respect of land of Ac 1.14 Cents covered by Sy. Nos: 596/IB, 595, & 594 of Mittapalem Village, Srinivasa Mangapuram, Chandragiri Mandal, Tirupathi District, being notified under proceedings in Roc No: B4/2262/2003 Dt. 03.06.2025 issued by the 4 Respondent and consequently direct the respondents not to interfere with possession of petitioners over their respective house properties situated in their said land, pending disposal of main Writ Petition. Counsel for the Petitioners : SRI PETLURI NAGA RAJU Counsel for the Respondent Nos.1 & 2 : GP FOR ENDOWMENTS Counsel for the Respondent Nos.3 & 4 : SRI T. VEND GOPAL, SC FOR ENDOWMENTS Counsel for the Respondent No.5 : GP FOR REVENUE The Court made the following; ORDER APHC010302872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15029/2025 Between: Aithepalli Bala Subramanyam and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.PETLURI NAGA RAJU Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS ...RESPONDENT(S) The Court made the following: ORDER: Heard the learned counsel for the petitioners Sri P Nagaraju Sri G. Naga Bhushanam, Endowments, Sri T. Venu Gopal, learned Standing Counsel for the respondent Nos.3 & 4 and the learned Assistant Government Pleader for Revenue for the respondent No.5. learned Assistant Government Pleader for 2 2. The petitioner challenges the auction notice dated 03.06.2025 of respondent No.4 for the auction of the leasehold rights in respect of Ac.1.14 cents in Sy.Nos.596/1B, 595 & 594 of Mittapalem Village, Srinivasa Mangapuram, Chandragiri Mandal, Tirupathi District. The Learned counsel for the petitioners would submit that the respondents have previously taken steps to evict the petitioners without following the due procedure. The petitioners have thus approached this Court by way of a Writ Petition in W.P.No.2487 of 2025. The said writ petition was disposed of by this Court vide order, dated 04.02.2025 observing as follows. 3. “Considering the submissions of learned counsel for the petitioners and the learned Government Pleader for Endowments, respondent No. 3 and 4 are directed to take steps under Section 83 of the AP Charitable and Hindu Religious Institutions and Endowments Act, 1987 within a period of two (02) months from the date of receipt of a copy of this order. Till then, the respondents are directed not to interfere within the possession of the petitioners over the house site properties situated in Sy.No.596/IB, 594 and 595 situated at Srinivasamangapuram Village, Chandragiri Mandal, TIrupati District. ’’ 4. Learned counsel for the petitioners further submits that pursuant to the said order, the respondents have issued notice under the provisions of Section 83(3) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act (Act 30/87), dated 09.05.2025. 3 To the notice, the petitioners have submitted an explanation dated 02.06.2025. However, without considering the objections of the petitioners. to the said notice and passing the final orders thereon, the respondents have passed the impugned proceedings for the auction of the leasehold rights in respect of the subject property. The Learned counsel further . • • • ■ • • • submits that the said proceedings- are contrary to the directions of tflris Court wherein this Court has observed that till the passing of orders under Section 83 of the Act, the respondents shall not dispossess the petitioners from the house sites. However, the respondents, disregarding the direction of this Court, have proceeded to conduct the auction and will dispossess the petitioners from the house sites/houses at any time. During the course of arguments the Learned counsel for the petitioners would fairly submit that the petitioners are concerned only with the extent of the house sites occupied by the petitioners, and they are not concerned about the balance extents of the land in Sy.Nos.596/1B, 595 & 594 of Mittapalem Village Srinivasa Mangapuram, Chandragiri Mandal, Tirupathi District. Learned Standing Counsel for Endowments, Sri T. Venu Gopal 5. appearing for the respondent Nos.3 & 4 would submit that even as per the Writ affidavit the petitioners are in occupation of smaller extents. Under guise of the said occupation they cannot prevent the respondent No.3- Temple authorities from conducting the auction of the lease hold rights in respect of the subject property. Any such hindrance by the petitioners 4 •a would deprive the temple of its income that would be derived from the subject land. Considered the rival submissions. Given the earlier directions of this court, I deem it appropriate to dispose of the writ petition directing the respondent No.3 to pass appropriate orders under the notice issued under Section 83 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act within eight (08) weeks from the date of receipt of this order, after affording sufficient opportunity to the petitioners. Needless to observe, respondent No.3 is at liberty to proceed with the proposed auction without interfering with the possession of the petitioners in respect of the house sites occupied by them until a decision is taken on the notice issued u/s.83 of the Act. 6. 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. //TRUE COPY// Sd/-Ll.SRi DEVi ASSISTANT REGISTRAR SECfife^FFICER To, Government, Endowments Department Districf Pradesh, Secretariat, Velagapudi, Amaravathi ' 2. The District Collector, Tirupati District at Tirupati District. , Guntur Erstwhile Chittoor 3. Sri Swamy Hathiramji Mutt, Rep. its Mahanth.D.No. 123, Gandhi Road, Tirupati Town, Tirupati District (Erstwhile Chittoor District). 4. Administrative Officer and Dy. Collector, Sri Swamy Hathiramji Matt, Gandhi Road,Tinjpati Town, Tirupati District (Erstwhile Chittoor District). 5. The Tahsildar, Tirupati Rural Mandal, Tirupati District (Erstwhile Chitotor District). 6. One CC to Sri Petiuri Naga Raju, Advocate [OPUC] 7. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. One CC to Sri T. Venu Gopal, SC for Endowments (OPUC) lO.Three C.D. Copies. Cnr n HIGH COURT DATED:24/06/2025 ro*^ % h\ >4 % '%%% 1 ORDER \\a>-o WP.No.15029 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS