APHC010581542023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 30006 OF 2023 Between: 1. Vavilla Gurunaidu, S/o. Gurunaidu, Hindu, 52 years, resident of 2-12, Palavalasa village, Anandapuram Mandal, Visakhapatnam District. 2. Vavilla Appayyamma, W/o. Tatarao, Hindu, 57 years, resident of 1-112, Palavalasa village, Anandapuram Mandal, Visakhapatnam District. 3. Vavilla Adinarayana, S/o. Tata, Hindu, aged 47 years, resident of 2-11, Palavalasa village, Anandapuram Mandal, Visakhapatnam District. 4. Palavalasa Narayana, S/o. Appalaswamy, Hindu, 77 years, resident of 1-78, Palavalasa village. District. Anandapuram Mandal, Visakhapatnam ...Petitioners AND 1. The State of Andhra Pradesh, reptd., by the Principal Secretary, Revenue and Endowments, AP Secretariat, Velagapudi, Guntur District. 2. The Commissioner, Endownients Department, Gollapudi, Vijayawada. 3. The Deputy Commissioner, Endowments, Visakhapatnam. 4. Sri Ranganadhaswamyvari Devasthanam reptd, by the Executive Officer, Anandapuram, Visakhapatnam. 5. The Tahsildar, Anandapuram Mandal, Visakhapatnam. ...Respondents '3 ^ 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 to issue an order, direction or a writ, more particularly one in the nature of a writ of Mandamus declaring the action of the respondents more particularly that of the 4'*^ respondent in trespassing into the petitioners property covered by S. Nos. 55/1 and 55/3 admeasuring Ac. 6.60 cts., and Ac. 2.56 cts., respectively in Palavalasa village of the Anandapuram Mandal of the Visakhapatnam District and erecting caution boards claiming the said land to be belonging to .Sri Ranganadhaswamy/ Mutyalamma Gudi,. unilaterally in an intended appropriation of private land as highhanded, illegal, capricious, baseless and violative of the principles of natural justice apart from being violative of the rights guaranteed to the petitioners under Article 300-A of the Constitution of India and consequently forbear the respondents, particularly the 4*'' respondent from ever claiming and/or interfering with the right, title and possession of the petitioners over the lands covered by S. Nos. 55/1 and 55/3 admeasuring Ac. 6.60 cts., and Ac. 2.56 cts., respectively in Palavalasa village of the Anandapuram Mandal of the Visakhapatnam District. !» . . « ■'S I r'' I more lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to interfere with the petitioners' possession and enjoyment of the property and the usufruct derived from the land covered by S. Nos. 55/1 and 55/3 admeasuring Ac. 6.60 cts., and Ac. 2.56 cts., respectively in Palavalasa village of, the Anandapuram Mandal of the Visakhapatnam District, pending disposal of the writ petition pending disposal of the above writ petition. Counsel for the Petitioners: SRI V. V. RAVI PRASAD Counsel for the Respondent Nos.1 to 3 : GP FOR ENDOWMENTS Counsel for the Respondent No.4 : SRI JAGADISH KUAMAR BATCHU, SC FOR ENDOWMENTS The Court made the following order: APHC010581542023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE t PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 30006/2023 Between: 1.VAVILLA GURUNAIDU, S/0 GURUNAIDU, HINDU, 52 YEARS, RESIDENT OF 2-12, PALAVALASA VILLAGE, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT. 2.VAVILLA APPAYYAMMA,, W/0 TATARAO, HINDU, 57 YEARS, RESIDENT OF 1-112, PALAVALASA VILLAGE, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT. 3.VAViLLA ADINARAYANA,, S/O TATA, HINDU, AGED 47 YEARS, 2-11, PALAVALASA VILLAGE, ANANDAPURAM RESIDENT OF MANDAL, VISAKHAPATNAM DISTRICT. i 4. PALAVALASA NARAYANA, , S/O APPALASWAMY, HINDU, 77 YEARS, RESIDENT OF 1-78, PALAVALASA VILLAGE ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPTD., BY THE PRINCIPAL SECRETARY, REVENUE AND ENDOWMENTS, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE COMMISSIONER, ENDOWMENTS GOLLAPUDI, VIJAYAWADA. DEPARTMENT, 3.THE DEPUTY VISAKHAPATNAM. COMMISSIONER, ENDOWMENTS, \ 2 4. SRI RANGANADHASWAMYVARI DEVASTHANAM EXECUTIVE OFFICER, ANANDAPURAM 5. THE TAHSILDAR, ANANDAPURAM MANDAL reptd, by the VISAKHAPATNAM. VISAKHAPATNAM. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the c rcumstances stated in the affidavit filed therewith, the H^gh Court may be pleased topleased to issue an order, direction or a writ, more particulaTrone in the nature of a writ of Mandamus declaring the action of the respondents trespassing into the petitioners' property covered by S, Nos, 55/1 and 55/3 admeasuring Ac, 6,60 cts„ and Ac VisLh ’ Pal^'ratesa village of the Anandapuram Mandal of the Wsakhapatnam Distat and erecting caution boards claiming the said land to be belonging to ,Sri Ranganadhaswamy/ Mutyalamma Gudi baself'’ of private land as highhanded, illegal, capricious baseless and violative of the principles of natural justice apart from being violative of the rights guaranteed to the petitioners under Article 300-A of the onstitutioh of India and consequently forbear the respondents more particu arly the 4th respondent from ever claiming and/or interfering with the ght, title and possession of the petitioners over the lands covered by S Nos 55,1 anu 05/3 admeasuring Ac, 6,60 cts„ and Ac, 2,56 cts„ respectively in Patevalasa village of the Anandapuram Mandal of the Visakhapatnam District 3nci to pass . unilaterally in an lA NO: 1 OF 2n?T in the'^atr 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 pefflio^s possessioh ahd enjoyment of the property and the usufruct derived from the ahd covered by S, Nos, 55/1 and 55/3 admeasuring Ac, 6,60 cts„ and Ac fh r/ '' of, the Anandapuram Mandal the Visakhapatnam District, pending disposal disposal of the above writ petition and to Counsel for the Petitioner{S): TV V RAVI PRASAD Counsel for the Respondent{S): f of of the writ petition pending pass 3 r '0^ 1.GP FOR REVENUE 2.GP FOR ENDOWMENTS 3.JAGADISH KUAMAR BATCHU The Court made the following: i ORDER: Heard Sri V.V.Ravi Prasad, learned counsel for the petitioners, learned Government Pleader for Endowments appearing for the 1®* to 3'''^ respondents, Sri Chintapalli Srinivas, learned Standing Counsel appearing for the 4*^ respondent and learned Government Pleader for Revenue appearing for the 5“^ respondent. 2. The writ petition is filed challenging the action of the 4*^ respondent in trespassing into the petitioners’ property covered by Sy.Nos. 55/1 and 55/3 admeasuring Ac.6.60 cents and Ac.2.56 cents respectively in Palavalasa Village, Anandapuram Mandal, Visakhapatnam District and placing caution boards stating that the lands would belong to the “Sri Ranganadhaswamy/Mutyalamma Gudi”. i 3. It is contended that the said property never belonged to the 4**^ respondent-temple, in fact, the same is absolute property of the petitioners having inherited to the same from their forefathers. The property originally belonged to late Palavalasa Parades! and the subject land was classified as “Ryotwari Dry”. During his lifetime, he was in occupation and enjoyment of the property along with other lands that he possessed. It is further stated that the villagers were worshipping a tree in the village, considering the same as their i 4 village deity. Over a period of time, the tree was slowly withered away and got ^ disintegrated. In the same place, a small dome was constructed by the villagers, in commemoration of local deity, tree, regular temple and has no properties of its own and has no income and no daily rituals of nitya dhupa, deepa naivedya are being performed. The said dome is not a However, the villagers, perform rituals at the said dome treating it as village goddess and annual festivals are being conducted at the said temple. The said temple was registered under the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. f It is stated that the petitioners’ grandfather late Sri Palavalasa Paradesi used to take an active part in conducting of the said festivals and his name was referred in the Manual Dig Lock Register (MDR) as Palavalasa Paradesi, Temporary Dharmakarta of Village Deity - Mutyalamma. Considering the said entry, the subject lands have been considered as the lands belonging to the temple, seeking correction of the said erroneous entries in the revenue records, the petitioners made on-line application for rectification of the error. While the same is pending, the respondent temple authorities have forcibly entered into the subject property and erected caution boards. Hence the present writ petition. 4. f Having regard to the contentions advanced, the respondent authorities cannot interfere with the possession of the petitioners without following the due process under the Act. From the counter affidavit, it appears that relying on TV news report, about the subject land, that the same would 5. % belong to the temple, the respondents have entered into the subject placed caution boards, claiming the land as the temple land, appear from the record that petitioners seeking eviction. land and It does not any proceedings have been issued to the 6. In view of the foregoing, the writ petition is disposed of with a direction to the respondents not to interfere with the petitioners' property in Sy.Nos.55/1 and 55/3 admeasuring Ac.6.60 cents and Ac.2.56 cents i respectively in Palavalasa Village, Anandapuram Mandal, Visakhapatnam District, without following due procedure under law. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. Sd/-N NAGAMiVlA assistant REGIjStf^AR sectic/n^officer //TRUE COPY// To. 1. The Principal Secretary, Revenue and Endowments, State of Andhra Pradesh, AP Secretariat, Velagapudi, Guntur District. 2. The Commissioner, Endowments Department, Gollapudi, Vijayawada 3. The Deputy Commissioner, Endowments, Visakhapatnam 4. The Executive Officer, Sri Ranganadhaswamyvari Devasthanam Anandapuram, Visakhapatnam. 5. The Tahsildar, Anandapuram Mandal 6. One CC to Sri V. V. Ravi Prasad, Visakhapatnam. Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra 8. Two CCs to GP for Endowments Pradesh [OUT] High Court of Andhra Pradesh [OUT] 9. One CC to Sri Jagadish Kuamar Batchu, 10.Two CD Copies SC for Endowments [OPUC] Cnr HIGH COURT DATED:28/07/2025 ORDER WP NO. 30006 OF 2023 m t 7 SEP 2825 }S;]gMtSectjSftx<»'y DISPOSING OF THE W.P. WITHOUT COSTS