IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 42033 OF 2016 Between: Mr. Nagampalle Munirathnam, S/o. Mr. N. Pedda Chenga Reddy, Aged 59 years, Occ: Agriculture, R/o. D.No. 1/153, Aravakothuru Village, Srikalahasthi, Chittoor District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep, by its Principal Secretary, Department of Endowments, Secretariat Buildings, Velagapudi, Guntur District. 2. The Sri Kalahastheeswara Devasthanams, Rep, by its Executive Officer, Srikalahasti, Chittoor District. 3. The Sri Kalahastheeswara Swamy Trust, Board, Rep. by its Chairman, Srikalahasti, Chittoor District. 4. The Director, Department of Development of Udayana Vanam, Government of Andhra Pradesh, Srikalahasti, Chittoor District. 5. The Additional Director (Urban Development), Department of Development of Udayana Vanam, Government of Andhra Pradesh, Srikalahasti, Chittoor District. 6. Sri Kalahasthee Institute of Technology, Rep. by its Principal, Srikalahasti, Chittoor District. ...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 b© pisased to issu© a Writ, Ord©r of Dir©ction mor© particularly in th© natur© of ‘Writ of Mandamus' d©claring th© action of th© on© r©spond©nts in trying to disposs©ss©s th© p©tition©r from his agricultural lands total ©xt©nt of Ac.4-34 cents in Sy.Nos. 148 and 149 (Old Sy.Nq.268/2), situated at Panagal Village, Srikalahasti Revenue Mandal, Tirupathi Revenue Division, Chittoor District, without following due of law; is illegal, arbitrary and violative of Article 14, 21 and 300-A of the Constitution of India, apart from violative of principles of natural justice. process I.A. NO: 1 OF 2016(WPMP. NO: 51820 OF 20161 Petition under Section 151 CPC is filed praying that in th6 circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to dispossess the petitioner from petitioner from his agricultural lands of total extent of Ac! 4-34 cents in Sy. Nos. 148 and 149 (Old Sy. No. 268/2), situated at Panagal Village, Srikalahasti Revenue Mandal, Tirupathi Revenue Division, Chittoor District, pending disposal of the main writ petition. LA. NO: 1 OF 2017fWVMP. NO: 311 OF 2017) Between: 1. Sri Kalahastheeswara Devasthanams, Rep, by its Executive Officer, Srikalahasti, Chittoor District, A.P. 2. Sri Kalahasthee Institute of Technology, Rep. by Srikalahasti, Chittoor District, A.P. its Principal; ...RESPONDENTS 2,6/PETITIONER AND 1. Mr. Nagampalle Munirathnam, S/o. Mr. N. Pedda Chenga Reddy, Aged 59 years, Occ: Agriculture, R/o. D.No. 1/153, Aravakothuru Srikalahasthi, Chittoor District. Village, ...PETITIONER/RESPONDENT 2. The State of Andhra Pradesh, Rep, by its Principal Secretary, Department of Endowments, Secretariat Buildings, Velagapudi, Guntur District. 3. The Sri Kalahastheeswara Swamy Trust, Board, Rep. by its Chairman, Srikalahasti, Chittoor District. 4. The Director, Department of Development of Udayana Vanam, Govel ament of Andhra Pradesh, Srikalahasti, Chittoor District. 5. The Additional Director (Urban Development), Department of Development of Udayana Vanam, Government of Andhra Pradesh, Srikalahasti, Chittoor District. ...RESPONDENTS/ RESPONDENTS 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 interim order granted in WPMP No.51820 of 2016 in WP No.42033 of 2016 Dt. 30/11/2016 and dismiss the Writ Petition as devoid of merits. Counsel for the Petitioner: SRI T LAKSHMI NARAYANA Counsel for the Respondent No.1: GP FOR ENDOWMENTS Counsel for the Respondent Nos. 2 & 3: SRI G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMA REGION) Counsel for the Respondent Nos. 4 & 5: GP FOR HORTICULTURE The Court made the following: ORDER APHC010509322016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 42033/2016 Between: Mr. Nagampalle Munirathnam, S/o. Mr. N. Pedda Cheriga Reddy, ...PETITIONER AND The State Of Andhra Pradesh Rep and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.TLAKSHMI NARAYANA Counsel for the Respondent(S): 1.G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMAREGION) 2.GP FOR ENDOWMENTS (AP) 3.A SREEKANTH REDDY(SC FOR ENDOW RS) 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 of Direction more particuiariy one in the nature of ‘Writ of Mandamus’ deciaring the action of the respondents in trying to dispossesses the petitioner from his agriculturai lands of total extent of Ac.4-34 cents in Sy.Nos.148 and 149 (Old Sy.No.268/2), situated at Panagal Village, Srikalahasti Revenue Mandal, Tirupathi Revenue Division, Chittoor District, without following due process of law is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India apart from vioiative of principles of natural justice....” 2. The case of the petitioner in brief is that the petitioner is the absolute owner of Ac.4-34 cents of agricultural land in Panagal Village, Srikalahasti, which was inherited from his father as ancestral property. Due to interference from family members, petitioner filed O.S.No.429 of 2000 and the same was partly decreed in his favour. However, he filed A.S.No.3 of 2006 against the dismissal portion and the same was dismissed due to non payment of process fees. Thereafter, a suit for specific performance i.e., O.S.No.224 of 2005 was filed against the petitioner and the dismissed, but the plaintiffs succeeded in A.S.No.8 of 2010, leading to his further appeal S.A.No.588 of 2015 and in which the petitioner obtained a stay of execution proceedings. same was While the suit for specific performance was pending, the same plaintiffs filed O.S.No.106 of 2007 against the District Collector to prevent issuance of Pattadar Passbooks in favour of the petitioner and the same was also dismissed. Meanwhile, his ownership was officially recognized and Pattadar Passbook and Title Deed bearing Patta No.586 were issued in 2002. When a third party, Bakthavasthalam, fraudulently obtained a Pattadar Passbook for Ac.0.20 cents, the petitioner successfully appealed before the Revenue Divisional Officer, Tirupati and the same lead to cancellation of the illegal passbook and re-confirmation of his ownership. From then, the petitioner has been in continuous possession and cultivation of the land. However, on 3 22.10.2016, officials from the Department of Development of Udyanavanam attempted to plough the petitioner’s land without any prior notice, claiming the land as part of 20 acres leased by Sri Kalahasti Institute of Technology for flower garden development. A legal notice dated 01.11.2016 was issued by the petitioner to the concerned authorities, but no proper response was received from the respondents. Aggrieved by the same, the present writ petition is filed. Heard Mr. T.Lakshminarayana, learned counsel for the petitioner 3. and the learned Government Pleader for Endowments appearing for the respondents. On hearing, learned counsel for the petitioner submits that the 4. petitioner is in physical possession and enjoyment of the subject lands till date. But however, the respondent without issuing any notice, without conducting any enquiry, without giving any opportunity is trying to dispossess the petitioner from the subject property. He further submits that report was not served on the petitioner if the report is served, they will challenge the same before the competent authority. Hence, the learned counsel for the petitioner requests to pass appropriate orders. 5. Learned counsel for the respondent Nos.2 and 6 filed counter affidavit, wherein it is stated that the petitioner was claiming ownership over an extent of Ac.4.34 cents of land in Sy.Nos.148 & 149, but the land belonging to the institution is in Sy.No.128/3, in which the respondent No.2 is running the i respondent No.6-College and total Ac.50.00 i The land to IS bounded by compound wall. an extent of Ac. 10.00 cents was allotted within the college as such the question of encroaching in the land of compound to APUG & BCL; the petitioner does not from the petitioner Srikalahasti to arise. Furthermore, after receipt of the Legal Notice requested the Tahsildar the 6‘h respondent has survey its land and to i request, the Surveyor has conducted the the lands related to the petitioner i issue a report. In response to the survey and issued report stating that on the southern side outside the Srikalahasti vids his IS SKIT campus compound wall. The Tahsildar, proceedings has also confirmed that the land in L.Dis.A/490/2016, dated 31.12.2016 Sy.No.149 of Penkulapadu Village which Pedda Chenga Reddy does the report of Mandal Surveyor, Srikalahasti petitioner are false and baseless belongs to Sri N.Munirathnam S/o not exist in the SKIT Compound premises as per i. As such the allegations of the without any evidence and accordingly. prayed to dismiss the writ petition. 6. Considering the submissions and the learned Government Pleader of learned counsel for the petitioner for Endowments, this Court deems it the respondents to survey report of the within a period of one (01) month from the order. Thereafter, the petitioner is at liberty to competent authority. appropriate to dispose of the writ petition directing serve the copy of the proceedings of the Tahsildar and the Mandal Surveyor to the petitioner wi date of receipt of copy of this challenge the same before the 5 With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. 7. I As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Department of Endowments, Secretariat Buildings, Velagapudi, Guntur District. 2. The Executive Officer, Sri Kalahastheeswara Devasthanams, Srikalahasti, Chittoor District. 3. The Chairman, Sri Kalahastheeswara Swamy Trust, Board, Srikalahasti, Chittoor District. 4. The Director, Department of Development of Udayana Vanam, Govel ament of Andhra Pradesh, Srikalahasti, Chittoor District. 5. The Additional Director (Urban Development), Department of Development of Udayana Vanam, Government of Andhra Pradesh, Srikalahasti, Chittoor District. 6. The Principal, Sri Kalahasthee Institute of Technology, Srikalahasti, Chittoor District. 7. One CC to Sri T Lakshmi Narayana, Advocate [OPUC] 8. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Horticulture, High Court of Andhra Pradesh. [OUT] 10. One CC to Sri G Ramana Rao (SC for Endowents Rayalaseema Region) Advocate [OPUC] 11. Three CD Copies TF HIGH COURT DATED:20/02/2025 ORDER WP.No.42033 of 2016 g 2'! MAR 2025 1 ^ . Current Section . ^ eo. DISPOSING OF THE W.P., WITHOUT COSTS