APHC010332202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) V WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16857 OF 2025 Between: Epuru Venkatasubba Reddy, s/o Venkata Reddy, aged about 74 years, occ Agriculture, r/o Gudluruvaripalem village, Venkatachalam Mandal, SPSR Nellore District ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Tahsildar, Venkatachalam Mandal, SPSR Nellore District. 4. Sri Virupaksheswara Swamy Temple, Rep. by its Executive Officer Epuru village, Muthukuru Mandal, SPSR Nellore 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.3 in proposing to issue the pattadar pass book and title deed in respect of the land in Sy.No. 1016 admeasuring Ac. 7.20 cents situated at Epuru Bit- II village, Venkatachalam Mandal, SPSR Nellore District, in favor of the 4th respondent pursuant to their letter No. Nil.2025 dt. 3-4-2025, without verifying the records, as being illegal, arbitrary, unjust and unconstitutional, and consequently direct the 3rd respondent not to act upon the letter dt. 3.4.2025 ■> ' of the 4th ^respondent and to follow the procedure contemplated under the Law. 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 direct the respondent No.3 herein not to issue the pattadar pass book and title deed in favour of the 4th respondent in so far as land in Sy.No. 1016 admeasuring Ac. 7.20 cents situated at Epuru Bit-11 village, Venkatachalam Mandal, SPSR Nellore District pursuant to the letter dt. 3.5.2025 of the 4th respondent, pending disposal of the main Writ Petition, in the interest of justice. Counsel for the Petitioner: SRI G VENKATESWARLU Counsel for the Respondent Nos. 1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: — The Court made the following order: APHC010332202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 16857/2025 Between: 1.EPURU VENKATASUBBA REDDY, S/0 VENKATA REDDY AGED ABOUT 74 YEARS, OCC AGRICULTURE GUDLURUVARIPALEM VILLAGE, VENKATACHALAM MANUAL, SPSR NELLORE DISTRICT R/0 ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 3.THE TAHSILDAR, VENKATACHALAM MANUAL SPSR NELLORE DISTRICT. 4. SRI VIRUPAKSHESWARA SWAMY TEMPLE, REP. BY ITS EXECUTIVE OFFICER EPURU VILLAGE, MUTHUKURU MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.G VENKATESWARLU Counsel for the Respondent(S): 1.GP FOR REVENUE NV, J W.P.No.16857 of 2025 Dated: 09.07.2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 16857 of 2025 ORDER: Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondent Nos.1 to 3 and learned Standing Counsel for respondent No.4. 2. The claim of the petitioner herein is that the petitioner is the absolute owner and possessor of the subject land to an extent of Ac.7.29 cents in survey No.1016, situated at Epuru-Bit II Village, Venkatachalam Mandal, S.P.S.R. Nellore District. Having acquired through his predecessors who in turn acquired the subject property through sale deeds dated 04.11.1957 and 10.11.1957. Since then the petitioner has been in possession and enjoyment of the subject land and he was issued Ryotwar passbook as well as Adangals and IB register declaring the petitioner as pattadar and possessor of the subject land. Thereafter, the 4 respondent-Temple in recent days filed an application dated 04.04.2025 before the 3^^ respondent seeking for mutation and for issuance of pattadar passbook in its favour claiming rights over the subject property along with other lands in various survey numbers in the same village. It is submitted that the 3'^ respondent is taking steps without following due procedure and going to consider the representation of the 4^'^ respondent under which they sought for mutation. Hence, the Writ Petition. NV, J W.P.No.16857 of 2025 Dated; 09.07.2025 On the other hand, learned Standing Counsel appearing for respondent No.4 submits written instructions wherein it is stated that as por Section 38 of the then Endowments Act 2 of 1927, the subject property was notified as property of the temple pursuant to the Board Order No.2540 dated 31.10.1935. Even according to Section 43 of the Endowments Act 30 of 1987, by virtue of proceedings dated 26.12.2009, the subject property is enumerated endowments property at serial No.22 at page No.6 of endowments register. Therefore, the claim of the petitioner as pattadar and possessor should be considered by conducting detailed enquiry by the 3'"'^ respondent. 3. as On the other hand, learned Assistant Government Pleader for Revenue furnished written instructions, wherein it is stated as under: On perusal of the report of the Tahsildar, Venkatachalam and the registers 38 and 43 submitted by the Executive Officer, Sri Virupakekshewaraswamivaru temple, Epuru-1A Village, Muthukur Mandal, the Revenue Divisional Officer, Nellore had taken up the file under Section 5(5) of ROR Act-1989 and issued notices to the Executive Officer, Sri Virupakekshewarasvi/amivaru temple, Epuru-IA Village, Muthukur Mandal and the Writ Petitioner Epuru Venkatasubba Reddy S/o Venkata Reddy vide Rc.No.943/E/2025 dated 03.07.2025 duly giving liberty to both the interested parties to submit their explanation in interest of Principles of natural justice. Considering the submissions made by all the learned counsels and on perusal of the material placed on record, it is observed that the petitioner and 4*^ respondent are claiming rights over the subject property as owners and pattadars of the subject land for which pursuant to the application made by the 4*^ respondent, the 3''^ respondent herein in compliance of Section 5 of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, issued notice to 4. 5. ! . - NV, J W.P.No.16857 of 2025 Dated: 09.07.2025 / the petitioner for appearance as well as for submission of all the documents to substantiate his right over the subject property. It is further submitted that after conducting enquiry basing upon the documents submitted by petitioner and 4 respondent, the 3'^'^ respondent will pass appropriate orders as per Section 5 in Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. th In view of the reasons stated above, the petitioner and 4^^ respondent are hereby directed to submit their objections or documents claiming their right over the subject property and cooperate with the enquiry conducted by the 3 respondent. After conducting such enquiry, the 3''"’ respondent is at liberty to pass appropriate orders after considering the records submitted by the petitioner as well as the 4*'^ respondent within a period of four (04) months from the date of receipt of a copy of this order. 6. rd 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K TATA RAO deputy_REGISTRAR FICER //TRUE COPY// T^ECTIO^fe To, 1. The Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Tahsildar, Venkatachalam Mandal SPSR Nellore District. 4. The Executive Officer, Sri Virupaksheswara Swamy Temple, Epuru village, Muthukuru Mandal, SPSR Nellore District. 5. One CC to Sri G Venkateswarlu Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies TF HIGH COURT DATED;09/07/2025 ORDER WP NO. 16857 OF 2025 ^H AUG 2025 J^ DISPOSING OF THE W.P., WITHOUT COSTS (C's- V