Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 36165 (AP)

B.Venkatesh, v. Sri Veeranjaneya Swamy Devastanam,

WP/16093/2016 · 2025-01-28

K Manmadha Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010588392016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 16093/2016 Between: B.venkatesh, ...PETITIONER AND Sri Veeranjaneya Swamy Devastanam and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M VIDYASAGAR Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS (AP) 2. 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: “… issue a writ order or direction more particularly a writ in the nature of Writ of MANDAMUS declaring the public auction notice dt 27.04.2016 issued by the 1st respondent i e Executive Officer of Sri Veeranjaneya Swamy Devastanam Ponniyamma Temple Street, Chittoor in contemplating to hold public auction of the shop bearing Door No.17-55 on 30.05.2016 without resorting to the procedure of eviction as contemplated under Sec.83 of the Endowments Act as bad illegal, arbitrary opposed to law and pass…” 2. Heard Mr M.Vidya sagar, learned counsel for the petitioner, Mr G.Ramana Rao, learned Standing Counsel and the learned Government Pleader for Endowments appearing for Respondents. 3. On hearing, learned counsel for the petitioner submits that the matter is squarely covered by the order passed by this Court in W.P.No.16092 of 2016, dated 28.01.2025, and hence, requests this Court to pass similar order in this petition also. The operative portion of the said order is as follows:- “..5. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader for Endowments, as the petitioner is in possession of the subject property till date, if the respondents intend to dispossess the petitioner from the subject property they are directed to follow due process of law. Till then, the respondents are directed not to take any coercive steps against the petitioner in respect of the subject property. 6. 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.16092 of 2016, dated 28.01.2025. 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.16092 of 2016, dated 28.01.2025 to this order. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Date 28.01.2025 TM