APHC010419882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT WRIT PETITION NO: 21406/2025 Between: 1. S HANUMANTHA REDDY, S/O. NARASIMHA REDDY, AGED ABOUT 83 YEARS, R/O. HARERAMA KSHETHRAM, PENCHALAKONA, RAPUR MANDAL SPSR NELLORE DISTRICT. 2. GADDAM SRIHARI REDDY, S/O. GADDAM VENKAT REDDY, AGED ABOUT 60 YEARS, R/O.PENCHALAKONA ROAD, SAIDADUPALLI, RAPUR MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, ENDOWMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER, ENDOWMENT DEPARTMENT, VIJAYAWADA. 3. DEPUTY COMMISSIONER AND EXECUTIVE OFFICER, PENUSILA LAKSHMI NARASIMHASWAMY VARLA TEMPLE, PENCHALAKONA KSHETHRAM, GONUPALLI VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. 4. THE TAHSILDAR, RAPUR MANDAL, SPSR NELLORE 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 pleased toleased to issue a writ of mandamus or any other appropriate writ or direction declaring action of the respondents in trying to disposes the 2 petitioner from Hare Rama Hare Krishna Kshethram and Bandi Sankar Reddy Sathram by issuing notices to the petitioners in Rc.No.19(1)/2025 dated 14.07.2025 and Rc.No.19(2)/2025 dated 14.07.2025 and issuing proceedings in Rc.No. 19/2025(10) dated 02.08.2025 to the 4th respondent as illegal, arbitrary, violation of principles of natural justice ,one without jurisdiction and violation of Sec.83 of The A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 and consequently direct the respondents not to dispossess the petitioners from the subject premises i.e.. Hare Rama Hare Krishna Kshethram and Bandi Sankar Reddy Sathram by setting aside the notices in Rc.No. 19(1 )/2025 dated 14.07.2025, Rc.No. 19(2)/2025 dated 14.07.2025 and proceedings in Rc.No. 19/2025(10) dated 02.08.2025 and pass s IA 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 pleased to direct the respondents not to dispossess the petitioners from the subject premises i.e., Hare Rama Hare Krishna Kshethram and Bandi Sankar Reddy Sathram by suspending notices in Rc.No.19(1)/2025 dated 14.07.2025, Rc.No.19(2)/2025 dated 14.07.2025 and proceedings in Rc.No. 19/2025(10) dated 02.08.2025, during pendency of the Writ petition and pass Counsel for the Petitioner(S): 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR ENDOWMENTS The Court made the following: ORDER:- Heard Sri C.Subodh, learned counsel for the petitioner and Ms. Devi Subhashini Anne, learned Standing Counsel for the 3rd respondent. 2. The challenge in the writ petition is to the proceedings issued under Section 83(2) of the Andhra Pradesh Charitable and Hindu Religious 3 Institutions and Endowments Act, 1987 (for short, “the Act”), alleging that the petitioners are in occupation of the subject property without any right and are in occupation of the premises without any valid authorization from the respective authorities. It is contended that this is second round of litigation. In the previous round, recording the submission made on behalf of the temple, that no proceedings have been issued for eviction of the petitioners from the subject premises, the writ petition in W.P.No.15394 of 2025 was disposed of, directing the respondents not to interfere with the possession and occupation of the petitioners without due recourse to law. 3. It is contended that the petitioners have been providing food and accommodation to the visitors of the 3rd respondent temple. It is contended that the temple has vast extents of land, but it is not catering to their needs of accommodation and food. The temple has allotted a piece of land to the petitioners for the construction of the Sathram. In the said land, the petitioners have established the Sathram and have been operating it. 4. It is further contended that after the disposal of the earlier writ petition, the impugned proceedings have been issued. The petitioner has submitted his explanation to the notice issued under Section 83(2) of the Act. However, the same was not considered while issuing proceedings dated 02.08.2025 proposing for eviction of the petitioners. Thus, it is contended that the order impugned is not only in violation of the provisions of the Act, but also in gross violation of the principles of natural justice. 4 5. Perusal of the impugned proceedings would reflect that the notice under Section 83(2) of the Act has been issued calling for explanation of the petitioner. The petitioner has submitted his explanation. However, without passing final orders under proviso to Section 83 (2) of the Act, the impugned proceedings dated 02.08.2025 have been issued, seeking assistance of the Tahsildar for eviction of the petitioners from the subject premises. 6. Having regard to the same, this Court deems it appropriate to dispose of the writ petition. 7. The writ petition is accordingly disposed of by setting aside the impugned proceedings. The matter is remanded to the 3rd respondent and the 3rd respondent is directed to pass appropriate orders, pursuant to the show cause notice issued under Section 83 (2) of the Act, after giving due opportunity to the petitioners, within six (6) weeks from the date of the receipt of the order. 8. Till such time, the petitioners shall not be dispossessed from the subject property. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:12.08.2025 ANI 5 132 THE HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.21406 of 2025 Date:12.08.2025 ANI