1 APHC010464672016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 6502/2016 Between: Kantipudi Krishna Kumari ...PETITIONER AND State Of Andhra Pradesh Rep By Its Secretary and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V V L N SARMA Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS (AP) 2. KANDA SRINIVASU SC FOR ENDOWMENTS (KS AND WG) 3. ELEVATED AS JUDGE The Court made the following: ORDER This petition is filed under Article 226 of the Constitution of India for the following relief:- “…to issue a Writ of Mandamus or any other appropriate Writ order or Direction declaring the action of the Respondents in seeking to dispossess the petitioner from the property in an extent of 1062 Sq yds in R.S.No.45 situated at Tallamadunurupadu Tadepalligudem, West 2 Godavari District pursuant to the orders passed by the 4th Respondent in his Notice No.23/16, dt 10.02 2016 while the proceedings launched by him in OA.No.197/2013 before the A.P Endowments Tribunal Hyderabad for her eviction are still pending as illegal arbitrary etc and grant…”. 2. The case of the petitioner in brief is that the petitioner purchased the property to an extent of 1062 sq.yards in R.S.No.45 situated at Tallamadunurupadu, Tadepalligudem, West Godavari District vide registered sale deeds Nos.728/2000, dated 15.03.2000, 1378/2000, dated 15.05.20222 and 1538/2000, dated 25.05.2000 from its owners. While so, the 4th respondent has filed O.A.No.197 of 2013 on the file of A.P.Endowments Tribunal, Hyderabad seeking to direct the respondent therein to vacate the petition schedule property and handover the physical possession to the temple. The 4th respondent has also issued impugned orders in Notice No.23/16, dated 10.02.2016 alleging that the subsisting license in respect of the commercial property specified therein stood cancelled with immediate effect from 10.02.2016 and the petitioner has to handover the premises within a period of 15 days from the date of receipt of the notice. Aggrieved by the said Notice, dated 10.02.2016 the present Writ Petition is filed. 3 On 01.03.2016, this Court while issuing „Rule Nisi‟ has granted an interim direction in I.A.No.02 of 2016, directing the respondents not to dispossess the petitioner from the subject property, pending disposal of the Writ Petition. 3 4. Heard Mr V.V.L.N.Sarma, learned counsel for the petitioner and the learned Government Pleader for Endowments appearing for the respondents. 5. On hearing, learned counsel for the petitioner submits that pending O.A.No.197 of 2013 filed by the 4th respondent before the A.P State Endowments Tribunal, Hyderabad, the 4th respondent has issued the impugned notice, dated 10.02.2016, directing the petitioner to handover the licensed premises within 15 days and pay balance license fee, failing which the petitioner will be evicted under the provisions of Sections 84 and 86 of the Encroachment Act, 1905 which is violative of principles of natural justice. He further submits there is no reference in the impugned notice about the proceedings initiated by the 4th respondent in O.A.No.197 of 2013 and the action of the 4th respondent in issuing the impugned eviction notice is illegal and arbitrary. Hence, the learned counsel for the petitioner requests to pass appropriate orders. 6. Learned Government Pleader for Endowments opposed for grant of any relief in this Writ Petition and prayed to dismiss the same. 7. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader for Endowments, the Hon’ble Endowments Tribunal, Hyderabad is directed to dispose of O.A.No.197 of 2013 within a period of Six (6) months from the date of receipt of a copy of this order. Till then, the respondents are directed not to interfere with the 4 possession of the petitioner over the subject property without following due process of law. 8. 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 also stand closed. ________________________ DR. K. MANMADHA RAO, J. Date : 10.02.2025 TM