Ashram Educational Society, v. The State of Andhra Pradesh, Rep. by its Principal Secretary
WP/43629/2016 · 2025-02-18
K Manmadha Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36320 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36320 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAY (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF FEBRUAR'fel| TWO THOUSAND AND TWENTY FIVE Or /-]i r BKf#’ / Ov/ i‘A PRESENT the honourable dr justice K MANMADHA RAO WRIT PETITION NO: 43629 OF 2Q1fi Between: Ashram Educational Society, Regd.No.367 of 2016, R/o.68-8-1/3/1, Ashok Nagar, SBI Officers Colony, Kakinada, East Godavari Dist, A.P. Rep. by its President, S.R.K. Rajagopal Narasraju, S/o. Late S R K Ramachandra Raju. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, Revenue (Endowments), A.P. Secretariat
022. 2. The Regional Joint Commissioner, Endowments Department, Rajahmundry, East Godavari District Andhra Pradesh,
3. The Deputy Commissioner of Endowments, Kakinada District, A.P.-PIN;533 001. 4. The Assistant Commissioner of Endowments, Endowments Department, Kakinada, East Godavari District. 5. Sri Vishnu Sevashramam and Yogashramam, Pitapuram Boats Club, Kakinada, East Godavari Dist, A.P-533 003. 6. The Commissioner, Endowment Department, Tilak Road, to Hyderabad-500 PIN; 533 101. East Godavari Road, 0pp. Hyderabad. ...Respondents
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the orders/ proceedings passed by the 3rd respondent in Rc.No: A1/6830/2013, Dated; 28.09.2015 fixing the yearly rent Rs.25,000/- per acre and the orders passed by 2nd Respondent in Rc.No.A1/7582/16 dated 07.01.2016 and the consequential proceedings issued by the 4th Respondent in Rc.No.03/2016, dated 08.01.2016 as being illegal, arbitrary, without jurisdiction and in violation of principles of natural justice, and in violation of G.O.Ms.No.866, Revenue (Endowments-1) Department, dated 08.08.2003, and consequently to set aside the orders/ proceedings passed by 3rd respondent in Rc.No: A1/6830/2013, Dated: 28.09.2015 fixing the yearly rent Rs.25,000/- per acre and orders passed by the 2nd Respondent in Rc.No.A1/7582/16 dated 07.01.2016 and the may consequential proceedings issued by the 4th Respondent in Rc.No.03/2016, dated 08.01.2016, and direct the respondents not to interfere development of the school with the premises including construction and repair activities. I.A. NO: 1 OF 2016rWPMP.
I.A. NO: 1 OF 2016rWPMP. NO: 53829 OF 2niK) 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 to suspend the operation of orders/ proceedings passed by the respondent in Rc.No: A1/6830/2013, Dated; 28.09.2015 fixing the yearly rent Rs.25,000/- per acre and orders passed by the 2nd Respondent in Rc.No.A1/7582/16 dated 07.01.2016 and the 3rd consequential proceedings issued by the 4th Respondent in Rc.No.03/2016, dated 08.01.2016 and further direct Respondents not to interfere with the development school premises including construction and repair pctivities of the school buildings. of the
Counsel for the Petitioner: SRI. N ASHWANI KUMAR Counsel for the Respondent Nos. 1 to 4&6: GP FOR ENDOWMENTS The Court made the following order:
1 APHC010593672016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 43629/2016 Between: Ashram Educational Society, ...PETITIONER AND The State Of Andhra Pradesh Rep By Its Principal Secretary and Others Counsel for the Petitioner: ...RESPONDENT{S) 1.N ASHWANI KUMAR Counsel for the Respondent(S):
1.GP FOR ENDOWMENTS (AP)
2. ELEVATED AS JUDGE The Court made the following:
ORDER: This writ petition is filed under Article 226 of the Constitution of India for the following relief: .. .to issue a writ order or direction more particuiarly one in the nature of Writ of Mandamus deciaring the orders/ proceedings passed by the 3rd respondent in Rc No A1/6830/2013 Dated 28.09.2015 fixing the yearly rent Rs.25,000/- per acre and the orders passed by 2"" Respondent in Rc.No.A1/7582/16 dated 07.01.2016 and the consequential proceedings issued by the 4**’ Respondent in Rc No 03/2016 dated 08.01.2016, as being illegal, arbitrary, without jurisdiction and in violation of principles of natural justice and in violation of G.O. Ms.No.866 Revenue (Eqdowments-I) Department dated 08.08.2003 and consequently to set aside the orders/ proceedings passed by 3rd respondent in Rc
2 No A1/6830/2013 Dated 28.09.2015 fixing the yearly rent Rs.25,000/- per acre and orders passed by the 2nd Respondent in Rc No A1/7582/16 dated 07.01.2016 and the consequential proceedings issued by the 4th Respondent in Rc No 03/2016 dated 08.01.2016 and direct the respondents not to interfere with the development of the school premises including construction and repair activities and pass
2. When the matter is taken up for hearing, Ms. K. Ritvika, learned counsel representing Sri N. Ashwani Kumar, learned counsel for the petitioner, has furnished a Memo dated 18.02.2025 before this Court, stating that, in exercise of powers vested under A.P.C.H.R.I & Endowment Leases and License Rules, the Commissioner of Endowments hereby granted licence of land measuring Ac 10.34 cents in Sy No. 152 & 153 of Kakinada Town in faovur of Ashram Educational Society @ Rs.25,000/- per acre per annum for a period of eleven (11) years w.e.f. 28.09.2015 on enhancement of 33% once in every three (3) years excluding the site measuring 22 feet x 200 feet facing main road so as to construct a shopping complex by the Executive Officer and licence out the same as per lease rules to get better income source to the institution. Therefore, in view of the above, she submits that, nothing survives in the present writ petition for further adjudication and by recording the same, it may be closed. 3. Learned Assistant Government Pleader appearing for the respondents does not refute the said submission of learned counsel for the petitioner. 4. Recording the above submissions, the Writ Petition is closed. There shall be no order as to costs. %
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As a sequel, interlocutory applications, if any pending, shall stand Sd/- K. TATA RAO DEPUTY REGISTRAR closed. //TRUE COPY// SECTION OFFICER To,
1. One CC to Sri. N Ashwani Kumar Advocate [OPUC]
2. Two CCs to GP for Endowments, High Court Of Andhra Pradesh. [OUT]
3. Three CD Copies GSC
HIGH COURT DATED: 18/02/2025
ORDER WP.No.43629 of 2016 I' 2 J MAR 2025 3 Current Section CLOSING OF THE WP WITHOUT COSTS