A IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2203 OF 2015 Between: 1. Gunnam Reddy Sundararami Reddy (DIED) per LRs 2 to 8 2. Gunnam Reddy Krishna Reddy, S/o. Gunnam Reddy Sundararamami Reddy, Aged 61 years, R/o. Old door No. 24/1234, Present Door No. 24-2-357, Tekkamitta, Nellore. 3. G Vajravathamma, W/o. Late Venugopal Reddy, Aged 56 years, R/o. Old door No. 24/1234, Present Door No. 24-2-357, Tekkamitta, Nellore. 4. G. Sushma, D/o. Late Venugopal Reddy, Aged 34 years, R/o. Old door No. 24/1234, Present Door No. 24-2-357, Tekkamitta, Nellore. 5. Manchikalapati @ Gunnam Tejaswini, D/o. Late Venugopal Reddy, Aged 27 years, R/o. Door No. 24-2-357, Tekkamitta, Nellore. 6. G. Anuradha, W/o. Late G Surender Reddy, Aged 55 years, R/o. Door No. 24-2-357, Tekkamitta, Nellore. 7. Velamuri Prameela, W/o. Radha Krishna, Aged 55 years, R/o. Door No. 24-2-357, Tekkamitta, Nellore. 8. G. Madhusudhan Reddy, S/o. Gunnamreddy Sundararamami Reddy, Aged 51 years, R/o. Old door No. 24/1234, Present Door No. 24-2-357, Tekkamitta, Nellore. (Petitioners 2 to 8 are brought on record as per LRs of deceased petitioner as per C.O. dt. 25/06/2018 in lA No. 6/2018.) ...PETITIONERS AND 1. State of Andhra Pradesh, Rep. by its PrI. Secretary, Endowments Department, Secretariat Buildings, Saifabad, Hyderabad. 2. The Regional Joint Commissioner, Endowments Department, Tirupathi. 3. The Assistant Commissioner, Endowments Department, Nellore District. 4. The A.P. Endowments Tribunal, Camp Court, At Guntur. 5. Sri Krishna Dharmaraja Swamy vari Temple, Mulapet, Nellore, represented by its Executive Officer. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 impugned orders of the 3rd respondent dated 24-07-2014 in Proceedings Rc.No.A- 1/3678/2012 as confirmed by the orders of the 2nd respondent dated 23- 01-2015 in Appeal No.1/2014 are illegal, arbitrary and violative of Article 300 A of the Constitution of India, the Provisions of Hindu Religious Institutions and Endowments Act 1987 natural justice and consequently set aside the petitioner is a landless and poor person as defined u/s 82 (2) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act A.P. Charitable and the principles of same and declare that the 1987. lA NO: 1 OF 2021 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 1st respondent to consider their 27.09.2021 and 05.10.2021. representations dated I.A. NO: 2 OF 2015(WPMP. NO: 2938 OF 2015) Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in O.A.No.4/2002 before the 4th respondent and pending disposal of the writ petitioner. I.A. NO: 1 OF 2015(WVMP. NO: 1049 OF 2015) Between: Sri Krishna Dharmaraja Swamy vari Temple, Mulapet, Nellore, represented by its Executive Officer. ...PETITIONER/RESPONDENT N0.5 AND 1. Gunnam Reddy Sundararami Reddy (DIED) per LRs 2 to 8 ...RESPONDENT/PETITIONER 2. State of Andhra Pradesh, Rep. by its PrI. Secretary, Endowments Department, Secretariat Buildings, Saifabad, Hyderabad. 3. The Regional Joint Commissioner, Endowments Department, Tirupathi. 4. The Assistant Commissioner, Endowments Department, Nellore District. 5. The A.P. Endowments Tribunal, Camp Court, At Guntur. 6. Gunnam Reddy Krishna Reddy, S/o. Gunnam Reddy Sundararamami Reddy, Aged 61 years, R/o. Old door No. 24/1234, Present Door No. 24-2-357, Tekkamitta, Nellore. 7. G Vajravathamma, W/o. Late Venugopal Reddy, Aged 56 years, R/o. Old door No. 24/1234, Present Door No. 24-2-357, Tekkamitta, Nellore. 8. G. Sushma, D/o. Late Venugopal Reddy, Aged 34 years, R/o. Old door No. 24/1234, Present Door No. 24-2-357, Tekkamitta, Nellore. 9. Manchikalapati @ Gunnam Tejaswini, D/o. Late Venugopal Reddy, Aged 27 years, R/o. Door No. 24-2-357, Tekkamitta, Nellore. 10. G. Anuradha, W/o. Late G Surender Reddy, Aged 55 years, R/o. Door No. 24-2-357, Tekkamitta, Nellore. 11. Velamuri Prameela, W/o. Radha Krishna, Aged 55 years, R/o. Door No. 24-2-357, Tekkamitta, Nellore. 12. G. Madhusudhan Reddy, S/o. Gunnamreddy Sundararamami Reddy, Aged 51 years, R/o. Old door No. 24/1234, Present Door No. 24-2-357, Tekkamitta, Nellore. ...RESPONDENTS/RESPONDENTS 1 TO 5 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the order passed in WPMPNO.2938/2015 and dismiss WPNo.2203/2015 dt. 20.02.2015 as devoid of merits. Counsel for the Petitioner: SRI G PURUSHOTHAM REDDY Counsel for the Respondent Nos. 1 to 4: GP FOR ENDOWMENTS Counsel for the Respondent No.5: SRI SREEKANTH REDDY AMBATI The Court made the following: ORDER APHC010398622015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2203/2015 Between; ...PETITIONER Gunnam Reddy Sundararami Reddy AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.G PURUSHOTHAM REDDY Counsel for the Respondent(S): 1.SREEKANTH REDDY AMBATI 2.GP FOR ENDOWMENTS (AP) 3. M.SRINIVASA RAO SC FOR ENDOWMENTS PRAKASAM AND SPSR NELLORE The Court made the following: ORDER This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:- may be pleased to issue an order, direction, writ, more particularly Writ of Mandamus declaring the impugned orders of the 3"'' respondent dated 24.07.2014 in proceedings Rc.No.A-1/3678/2012 as confirmed by the orders of the 2"'* respondent dated 23.01.2015 in Appeal No.l of 2014 are illegal, consequently set aside the same and declare that the petitioner is a landless and A n person as defined under Section A.P.Charitable and Hindu Religious Institutions and pass such..." 82 (2) of the and Endowments Act 1987 2. The case of the petitioner(s) in brief is that the petitioner tenant of the 5'^ respondent temple of Ac.2.43 cents in Sy.No.1576/1991 i vide registered Koul Deed dated 04.12.1958 is the statutory in respect of agricultural land of an extent in L.A.S.No.524 of Tekkametta village He has been paying the Maktha regularly without committing any default whatsoever. However respondent filed ATC No.46 of 1981 in the Court of the Special Officer Additional District Munsif, Nellore , the 5*'^ -cum- seeking his eviction from the said land on the ground that he has was dismissed by an order dated 11.10.1988. committed default in payment of Maktha. The said ATC It is further submitted that the 5'^ land in favour of Postal Department, the respondent while trying to alienate the petitioner filed ATC No.7 of 1993 and the same was allowed by an order dated 26.08.1996. Against the said the 5"' respondent filed CMA.No.4 of order, 1997 and the same was allowed by an order dated 28.11.2001. Against the said Court by filing CRP.No.528 of 2001, but this order, the petitioner approached this Court dismissed the said C.R.P. appropriate application for poor person under the said Act. Pursuant to the petitioner filed an application before the 3"^ respondent for declaring him as landless and poor person being cultivating the land of 5‘h respondent temple as tenant. The said application giving an opportunity to the petitioner to make declaration as land less direction of this Court, the was rejected by 3 the respondent by an order dated 29.05.2004 in Rc.No.A1/5503/200 3. He preferred an appeal against the said orders before the 2"^ respondent in the Appeal No.22 of 2004, which was dismissed by an order dated 16.07.2005. The petitioner approached this Court by way of W.P.No.18790 of 2005 challenging the said orders of respondent Nos.2 and 3, which was allowed by order dated 20.07.2012 setting aside the orders of the respondents 2 and 3 and directing the 3'^^ respondent to re-consider his application for determining his status as landless and poor person and pass appropriate orders in accordance with law. Pursuant to the orders of this Court, 3'^'^ respondent resumed the proceedings and once again mechanically passed orders dated 24.07.2014, rejecting his claim for declaration as landless and poor person under Section 82 of the Act. Against the said orders, he preferred an appeal before the 2"*^ respondent in Appeal No.1 of 2014, which was mechanically dismissed by the 2"^ respondent by an order dated 23.01.2015. The said orders of the O'"' respondent, confirmed by the 2^^ respondent are hereby challenged before this Court. Hence, this petition. an This Court vide order dated 04.02.2015, while issuing Rule nisi, has granted interim stay of all further proceedings in O.A.No.4 of 2002 for a period of three (03) weeks and on 20.09.2019, the same is extended until further 3. orders. Heard the learned counsel appearing for the petitioner(s) and the 4. learned Government Pleader appearing for the respondents. 5. During the pendency of the writ petition, the writ petitioner was passed away, thereafter the legal representatives of the petitioner were brought on record as legal heirs of writ petitioner. They have submitted representations dated 27.09.2021 and 05.10.2021 to the first respondent. In view of the same, their submissions are confined for disposal of the representations. 6. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader appearing for the respondents, without touching the merits of the case, this Court intends to dispose of the petition while directing the 1®' respondent to dispose of the representations dated 27.09.2021 and 05.10.2021 filed by the petitioners and pass appropriate reasoned orders in accordance with law within a period of three (03) months from the date of receipt of a copy of this order. 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. It is made clear that the interim order granted by this Court is continued till disposal of the representations dated 27.09.2021 05.10.2021 respectively submitted by the petitioners. and 8. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- U.SRI DEVI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, Secretary, Endowments Department Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Regional Joint Commissioner, Endowments Department Secretariat Tirupathi. 3. The Assistant Commissioner, Endowments Department, Nellore District. 4. The A.P. Endowments Tribunal, Camp Court, At Guntur. 5. The Executive Officer, Sri Krishna Dharmaraja Swamy vari Temple, Mulapet, Nellore. 6. One CC to Sri G Purushotham Reddy Advocate [OPUC] 7. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 8. One CC to Sri Sreekanth Reddy Ambati Advocate [OPUC] 9. One CC to Sri M Srinivasa Rao (SC for Endowments), Advocate [OPUC] 10. Three CD Copies TF HIGH COURT DATED:21/01/2025 ORDER WP.No.2203 of 2015 ^ 12 FEB 2025 ^ Curreni OgSPATC>*S^' ov r"; DISPOSING OF THE W.P., WITHOUT COSTS