Kona Chakra Rao, S/o. Seetharamudu, v. The State of Andhra Pradesh, rep. by its
WP/11189/2016 · 2025-02-12
K Manmadha Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33392 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33392 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010501142016
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 11189/2016 Between: Kona Chakra Rao, S/o. Seetharamudu, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh Rep By Its and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. E V V S RAVI KUMAR Counsel for the Respondent(S):
1. GP FOR ENDOWMENTS (AP)
2. ELEVATED AS JUDGE The Court made the following:
ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“… to issue a Writ, order or direction declaring the G.O.Ms No.425 Revenue Endowments-I dated 09.11.2015 issued by the 1st respondent and the notices dated 07.01.2016 and 03.02.2016 issued by the fourth respondent pursuant to G.O.Ms.No.425 and also the proposed auction going to be held Dt 11.4.2016 as illegal and contrary to Section 82 of the A.P Charitable and Hindu Religious Institutions
and Endowments Act and consequently set aside the notices and paper publication and also the said GO…”
2. Heard Mr D.Sai Ram Prasad, learned counsel representing on behalf of Mr E.V.S.S.Ravi Kumar, learned counsel for the petitioners and the learned Government Pleader for Endowments appearing for the respondents.
3. On hearing, learned counsel for the petitioners submits that the matter is squarely covered by the order passed by this Court in W.P.No.6482 of 2015, dated 26.11.2024, and hence, requests this Court to pass similar
order in this petition also. The operative portion of the said order is as follows:-
“..7. On hearing the submissions of both the counsel, this Court finds that the writ petition has been filed in the year 2015 and this Court has also stayed the proceedings by virtue of interim direction dated 19.03.2015 without progress in the matters will not get justice even after elapse of several years. Hence, this Court is of the considered opinion that the respondents are directed to issue fresh notice to the petitioner by fixing a date of enquiry in the presence of petitioner, after affording ample opportunity of hearing of the petitioner and pass appropriate orders in accordance with law. It is made clear that the petitioner is directed to produce all relevant proof of documents showing that they are landless poor persons at the time of enquiry, which are mandatory under Section 82(2) of A.P.Charitable and Hindu Religious Institutions and Endowments Act 30/87.
8. With the above direction, the writ petition is disposed of. The respondents are directed not to interfere with the possession of the petitioner from the land in question till attains finality of the enquiry proceedings. The entire exercise shall be completed within a period
of (03) months from the date of receipt of notice by the petitioner from the respondents. There shall be no order as to costs. ..”.
7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.”
4. Learned Government Pleader for Endowments appearing for the respondents opposed for grant of any relief in the writ petition and prayed to dismiss the same.
5. In view of the submission made by both the learned counsels and upon perusing the entire material available on record, this Court deems fit to dispose of the present Writ Petition in terms of the said order.
6. Accordingly, this Writ Petition is disposed of in terms of the order passed in W.P.No.6482 of 2015, dated 26.11.2024. There shall be no order as to costs.
7. The Registry is directed to attach a copy of the order passed in W.P.No.6482 of 2015, dated 26.11.2024 to this order.
As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Date 12.02.2025 TM