APHC010391662016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 21422/2016 Between: Varanasi Venkata Siva Ganga Prasad ...PETITIONER AND Stale Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. G SESHADRI(SC FOR MPP ZPP) 2. GP FOR ENDOWMENTS (AP) 3. A SREEKANTH REDDY(SC FOR ENDOW RS) The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “..to issue an order, writ or direction more particularly in the nature of a writ of Mandamus under Article 226 of the constitution of India declaring the action of the respondents in trying into interfere with the peaceful possession and enjoyment of site with an extent of 60 ankanams comprising in Sy.no.94 situated at Jonnawada Village, Buchireddypalem Mandal, SPSR Nellore District without initiating any proceedings under Andhra Pradesh Charitable And Hindu Religious Institutions And Endowments Act, 1987 as illegal, arbitrary, unjust and also offends Articles 14, 21 and 300-A of the constitution of India and consequently direct the respondents not to interfere with the peaceful possession of petitioners site without following due process of law and pass....” 2. The case of the petitioner in brief is that the petitioner is resident of Sannidhi Veedi, Jonnawada and is performing his duties as Pradhana Archaka of Sri Mallikarjuna Swamy Kamakshi Tayee Ammavari Temple, Jonnawada, SPSR Nellore District and he is the absolute owner and possessor of the vacant site to an extent of 90 ankanama comprising in Sy.No.94 situated at Jonnawada Village, Bhuchireddypalem Mandal, SPSR Nellore District. In the revenue records i.e., pahani and fair adangals though the petitioner is in possession of the subject land it was recorded as “Grama Kantam” land. AP State Government has withdrawn Gramakantam lands from the purview of Section 22-A of the Registration Act, 1908. The State Government has directed all the District Collectors to withdraw the Gramakantam lands from the list of prohibited properties. The petitioner made representation along with villagers on 21.03.2016 to consider the deletion of entry of Sy.No.94 in list of prohibited under Section 22-A of the Registration Act. In reply to the same, the 2nd respondent has addressed a letter requesting the Sub-Registrar, Buchireddypalem to furnish information regarding the status of Sy.No.94 included in the prohibited list. In reply to the same on 13.06.2016, the 3rd respondent-officials has inspected the land and conducted local enquiry and recorded the contentions of the petitioner. While so, Respondent Nos.3 to 6 directed the petitioner to vacate from premises without any notice or proceedings. Aggrieved by the same, the present Writ Petition is filed. 3. This Court on 04.07.2016 while issuing „Notice before admission‟ has granted status-quo order. 4. Heard Mr P.Shiva Sai Dattathreya Raju, learned counsel representing on behalf of Mr Sivaprasad Reddy Venkati, learned counsel for the petitioner and the learned Government Pleader for Endowments appearing for the respondents. 5. During hearing, learned counsel for the petitioner submits that without issuing any notice or proceedings, the 6th respondent directed the petitioner to vacate the subject premises and the respondents are trying to interfere with the peaceful possession and enjoyment of the petitioner over the subject property which is illegal and arbitrary. Hence, the learned counsel for the petitioner requests to pass appropriate orders. 6. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader for Endowments, if the respondents intend to take any steps against the petitioner with regard to the subject property, they are directed to follow due process of law. Till then, the respondents are directed not to interfere with the peaceful possession of the petitioner over the site to an extent of 60 ankanams comprising in Sy.No.94 situated at Jonnawada Village, Buchireddypalem Mandal, SPSR Nellore District. 7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Date: 30.01.2025 TM