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High Court of Andhra Pradesh · body

2025 DAILYLAW 35229 (AP)

Vandanapu Appala Raju, v. The State of Andhra Pradesh,

WP/28773/2025 · 2025-10-16

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010555592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28773 OF 2025 Between: 1. VANDANAPU APPALA RAJU,, S/O ANJANEYULU AGED- 63 YEARS, R/O JANGAREDDIGUDEM, JANGAREDDIGUDEM MANDAL, ELURU (ERSTWHILE WEST GODAVARI) DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED THROUGH PRINCIPAL SECRETARY DEPARTMENT OF ENDOWMENTS, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. SREE VENGUPALA SWAMY TEMPLE, REPRESENTED BY ITS EXECUTIVE OFFICER, BUTTAIGUDEM ROAD, JANGAREDDIGUDEM, ELURU (ERSTWHILE WEST GODAVARI) 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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed and illegal action on the part of the respondents particularly the 2nd respondent in attempting to dispossess the petitioner from the property situated in an extent of 399.5 Sq.Yards covered by Sy.No.398/A- 1,2 of Jangareddigudem, Jangareddigudem Mandal, Eluru (Erstwhile West Godavari) District, without having any right, authority and without even issuing any notice, without giving any opportunity of hearing and without passing any 2 order, as illegal, arbitrary, unjust, malafide and against the principles of Natural Justice besides violation of Article 14, 21 and 300-A of the Constitution of India and to consequently direct the respondents not to interfere with the possession and enjoyment of the petitioner in respect of the subject property in any manner including dispossession, in the interest of justice and to pass 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 interfere with the possession and enjoyment of the petitioner in respect of property situated in an extent of 399.5 Sq.Yards covered by Sy.No.398/A-1,2 of Jangareddigudem, Jangareddigudem Mandal, Eluru (Erstwhile West Godavari) District in any manner including dispossession, during the pendency of the writ petition, in the interest of justice and to pass Counsel for the Petitioner: 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28773 OF 2025 The Court made the following order: Heard Sri K.Jyothi Prasad, learned counsel for the petitioner, learned Assistant Government Pleader for Endowments appearing for the respondent No.1 and Smt. Pulipati Radhika, learned Standing Counsel appearing for respondent No.2. 2. The grievance of the petitioner is that the 2nd respondent-Temple is interfering with the possession and enjoyment of the subject property situated over an extent of 399.5 Sq. Yards in Sy.No.398/A-1 and 2 of Jangareddigudem village, Jangareddigudem Mandal, Eluru District. 3. It is contended that the petitioner purchased the subject property vide registered sale deed dated 17.11.2001 and the vendor of the petitioner in turn had acquired the same under a registered sale deed dated 30.09.1999. 4. Today, when the matter is taken up for consideration, Smt. Pulipati Radhika, learned Standing Counsel appearing for respondent No.2 has placed before the Court a copy of the written instructions received from the 2nd respondent. A perusal of the same would reflect that the land belonging to the temple is located 1 km away from the subject land. The temple lands are located in Sy.Nos.303/1 and 303/2. The subject land of the petitioner is classified in the revenue records as “Donka” and is situated in a different survey number. Thus, learned Standing Counsel argues that the petitioner’s land and the temple lands have different survey numbers, therefore, the 4 grievance of the petitioner against the 2nd respondent is unfounded and misconceived. 5. In the light of the above submissions made on behalf on behalf of the 2nd respondent-Temple, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 17.10.2025 Note: CC by 24.10.2025 B/o. BSK 5 28 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28773 OF 2025 Date: 17.10.2025 Note: CC by 24.10.2025 B/o. BSK