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2025 DAILYLAW 27333 (AP)

R SIVA GANGADHAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/20463/2025 · 2025-08-04

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4 - APHC010386602025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20463 OF 2025 Between: R Siva Gangadhar Reddy, S/o R.Sivasankar Reddy, Aged 42 R/o Peerusaheb Peta Village, Miduthuru Mandal, Nandyala District. years. ...Petitioner AND 1. The State of Andhra Pradesh, Endowments Department Rep. by its Principal Secretary Secretariat, Velagapudi, Amaravathi 2. The Commissioner, Endowments Department Gollapudi, Vijayawada- 521225. 3. The District Endowment Officer, Nandyala District. 4. The District Collector, Nandyala District. 5. The Tahsildar, Miduthuru Mandal, Nandyala District. 6. The Revenue Divisional Officer, Miduthur Mandal, Nandyala District. 7. The Village Revenue Officer, Peerusaheb Peta Village Mandal, Nandyala D strict. Miduthuru ...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 inaction of the Respondent '-l Ai No.2 to act upon the proceedings issued vide Rc.No.A4/2972/2024 dated 15.04.2025, requesting to merge Sri Anjaneya Eswara Swamy and Ramachandra Swamy Temple, Pirusab Peta village, Miduthur Mandal, with the nearby Group Temples-IV, Nandikotkur, as illegal, arbitrary, high handed and viol^ive of principles of natural justice, violative of fundamental rights and constitutional rights guaranteed to the Petitioner under Articles 14,19,21 and 300A of Constitution of India and consequently direct the Respondent No.2 to take immediate steps towards the merger of Sri Anjaneya Eswara Swamy and Sri Ramachandra Swamy Temple, Pirusab Peta village, Miduthur Mandal, with the nearby Group Temples-IV, Nandikotkur, to any further encroachment or disputes. lA NO: 1 OF 2Q2fi Sri prevent 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.2 to take immediate steps towards the Sri Anjaneya Eswara Swamy and Sri Ramachandra Swamy Temple, Pirusab Peta village, Miduthur Mandal, merger of with the nearby Group Temples-IV, Nandikotkur, to prevent any further encroachment or disputes. Counsel for the Petitioner: SRI ARUN SHOWRI G Counsel for the Respondent Nos. 1 to 3: GP FOR ENDOWMENTS Counsel for the Respondent Nos.4 to 7: GP FOR REVENUE The Court made the following order: APHC010386602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] r TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20463 OF 2025 Between: 1.R SIVA GANGADHAR REDDY, S/0 R.SIVASANKAR REDDY, AGED 42 YEARS, R/0 PEERUSAHEB PETA VILLAGE, MIDUTHURU MANDAL, NANDYALA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, ENDOWMENTS DEPARTMENT REP. BY ITS PRINCIPAL SECRETARY VELAGAPUDI, AMARAVATHI 2.THE COMMISSIONER, ENDOWMENTS DEPARTMENT GOLLAPUDI, VIJAYAWADA-521225. SECRETARIAT, 3.THE DISTRICT ENDOWMENT OFFICER, NANDYALA DISTRICT. 4.THE DISTRICT COLLECTOR, NANDYALA DISTRICT. 5.THE TAHSILDAR, MIDUTHURU MANDAL, NANDYALA DISTRICT. 6.THE REVENUE DIVISIONAL OFFICER, MIDUTHUR MANDAL, NANDYALA DISTRICT. 7.THE VILLAGE REVENUE OFFICER, PEERUSAHEB PETA VILLAGE, MIDUTHURU MANDAL, NANDYALA 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 2 K, pleased topleased to issue an appropriate Writ, particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent No.2 to act Order or Direction more upon the proceedings issued vide Rc.No.A4/2972/2024 dated 15.04.2025, requesting to merge Sri Anjaneya Eswara Swamy and Sri Ramachandra Swamy Temple, Pirusab Peta village, Miduthur Mandal, with the nearby Group Temples-IV, Nandikotkur, as illegal, arbitrary, high handed and violative of principles of natural justice, violative of fundamental rights and constitutional rights guaranteed to the Petitioner under Articles 14,19,21 and 300A of Constitution of India and consequently direct the Respondent No.2 to take immediate steps towards the merger of Sri Anjaneya Eswara Swamy and Sri Ramachandra Swamy Temple, Pirusab Peta village Miduthur Mandal, with the nearby Group Temples-IV Nandikotkur, to prevent any further encroachment or disputes and pass 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.2 to take immediate steps towards the merger of Sri Anjaneya Eswara Swamy and Sri Ramachandra Swamy Temple, Pirusab Peta village Nandikotkur, to prevent any further encroachment or disputes and pass Counsel for the Petitioner: Miduthur Mandal, with the nearby Group Temples-IV 1.ARUNSHOWRI G Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR ENDOWMENTS 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20463 OF 2025 r The Court made the following order: Heard Ms. Shaik Shahedaz, learned Counsel appearing on behalf of Sri G. Arun Showri, learned counsel for the petitioner and learned Assistant Government Pleader for Endowments appearing for respondents. With the consent of both the learned counsel, the writ petition is disposed of at the stage of admission. The present writ petition is filed, as the petitioner is aggrieved by the inaction of the respondents in acting upon the recommendation dated 15.04.2025 made by the 3'"' respondent to the 2'"'^ respondent, requesting the merger of the subject temples with the nearby group temples. 2. It is contended that the ancestors of the petitioner had endowed certain land in favour of Sri Anjaneya Eswara Swamy and Sri Ramachandra Swamy Temples, Pirusab Peta Village, Miduthur Mandal, Kurnool District. The petitioner claiming himself to be one of the share holder in the said lands states that he has earlier put in his efforts to get the temple registered under Section 6(C) of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 of the said land. He further alleges that the other members of the family are in possession and enjoyment of the lands endowed to the temple. He thus contends that the lands have not been used for the purpose for which they were endowed initially in favour of the temple. In this connection, the 3'"^ respondent made a requisition to the 2 3. nd 1 4 respondent vide proceedings dated 15.04.2025, bringing to his notice the lands that have been endowed to the temple and to put to use the land for which it was endowed to the temple. He also pointed out the situations requiring its merger with the Group Temples-IV, Nandikotkur. However, on the said requisition, no orders have been passed by the 2nd respondent. Thus, the petitioner has approached this court. Considering the submissions made, this Court deems it appropriate to dispose of the writ petition with a direction to the 2"^ respondent to pass appropriate orders pursuant to the proceedings of the 3''^ respondent dated 4. 15.04.2025 within eight weeks from the date of receipt of a copy of this order. With the above observations, the Writ Petition is disposed of. There 5. shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Endowments Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi 2. The Commissioner, Endowments Department Gollapudi, Vijayawada- 521225. 3. The District Endowment Officer, Nandyala District. 4. The District Collector, Nandyala District. 5. The Tahsildar, Miduthuru Mandal, Nandyala District. 6. The Revenue Divisional Officer, Miduthur Mandal, Nandyala District. 7. The Village Revenue Officer, Peerusaheb Peta Village Mandal, Nandyala District. Miduthuru ■0 8. One CC to Sri. Arun Showri G Advocate [OPUC] 9. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] Two CCs to GP for Endowments High Court of Andhra Pradesh r 10. [OUT] Two CD Copies 11. GSC s HIGH COURT DATED:05/08/2025 ORDER WP NO. 20463 OF 2025 % 15 SEP 20?5 Current Section sL^spatcH^- m O ?$- DISPOSING THE WP WITHOUT COSTS