IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K.MANMADHA RAO WRIT PETITION NO: 36918 OF 2015 Between: Appa Rao, Aged about 68 years, R/o.aNo.27-130 Appanna Palem Vepagunta, Visakhapatnam Visakhapatnam District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Revenue (Endowments) Department, Secretariat, Hyderabad. 2. Sri Varaha Lakshmi Narasimha Swamy vari, Devasthanam Simhachalam, Visakhapatnam District, A.P., Represented bv its Executive Officer. ...Respondents 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 to issue a writ, order or direction more particularly one in the nature of mandamus, declaring the action of the 2 nd respondent in interfering with the petitioner's peaceful possession and enjoyment of her property, an extent of Ac.14.00 cts in Sy.No.30 Part of Vepagunta Village Pendurthi Mandal, Visakhapatnam District without instituting any proceedings known to law, as illegal, arbitrary, without jurisdiction, violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 2^'^ respondent to refrain from doing so. I.A, NO: 1 OF 2015rWPMP. NO: 47548 OF 20151 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 'direct the 2"^ respondent, not to interfere in any manner. whatsoever, with the petitioner's peaceful possession and enjoyment of her property, an extent of Ac. 14.00 cts in Sy.No.30 Part of Vepagunta Village, Pondurthi Mandal, Visakhapatnam District, pending disposal of writ 3 ; I.A. N0: 1 OF 2016(WVMP. NO: 70 OF 20161 Between: Sri Varaha Lakshmi Narasimha Swamy vari, Devasthanam, Simhachalam, Visakhapatnam District, A.P., Represented by its Executive Officer. ...Vacate Stay Petitioner/Respondent No.2 AND 1. Peethala Papayamma, W/o.Late Appa Rao, Aged about 68 years, R/o.D.No.27-130, Appanna Palem Vepagunta, Visakhapatnam, Visakhapatnam District, Andhra Pradesh. ...Respondent/Writ Petitioner 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue (Endowments) Department, Secretariat, Hyderabad. ...Respondent/Respondent No.1 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 vacate the interim orders passed in W.P.No.36918 of 2015 dated 13.11.2015. Counsel for the Petitioner: SRI P ROY REDDY Counsel for the Respondent No.1: GP FOR ENDOWMENTS Counsel for the Respondent No.2: SRI N.V.S.PRASADA RAO The Court made the following order: ' tt APHC010613532015 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: 36918/2015 Between: ...PETITIONER Peethala Papayamma, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.P ROY REDDY Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS (AP) 2.ELEVATED AS JUDGE 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 or direction more particularly one in the nature of mandamus declaring the action of the 2"^ respondent in interfering with the petitioners peaceful possession and enjoyment of her property an extent of Ac.14.00 cts in Sy.No.30 Part of Vepagunta Village, Pendurthi Mandal, Visakhapatnam District, without instituting any proceedings known to law, as illegal, arbitrary, without Jurisdiction, violative of Articles 2 the Constitution of India and the 2"^' respondent to refrain from 14, 21 and 300-A of consequently direct doing so ” This Court, vide order, dated 13.11.2015, has passed the 2. following interim order; In view of grant of ryolwari paUa in efvour of (he back as 31-12-2013 and interim order, dated 14-10-201 o, in WP No 34518 of 2015, in favour of the petitioner, respondent No.2 is restrained from interfering with the petitioner's P°P“Ss.on of admeasuring Acs. 14.00 cents in Survey No.30 Pari of Vepagunta Village, Penduiihi Mandal, Visakhapatnam District, orders. However, the petitioner shall not encumber he P’^opedy to any third party and shall not change its physical features in any manner except carrying on agricultural/horticulture activities. dated 25.01.2016, made the interim order This Court, vide order 3. dated 13.11.2015 absolute. Kiran Kumar, learned counsel representing Heard Mr.V.Surya Mr.P.Roy Reddy, learned counsel for the petitioner and Mr.P.Srinivas, learned Government Pleader for Endowments, for the 1"' respondent as well 4. Assistant nd learned Standing Counsel for the 2 Mr.N.V.S.Prasada Varma respondent, who appeared virtually through video conferencing. as On hearing, learned counsel for the petitioner submits that during the pendency of this writ petition, Hindustan Shipyard preferred an appeai Divisional Officer, Visakhapatnam and the same 07.06.2017. Challenging the same, Hindustan Shipyard and the 5. was before the Revenue dismissed on 2"^^ respondent filed a revision application before the Commissioner of % 3 Appeals and the same was allowed on 07.06.2022. Aggrieved by the same the petitioner filed CRP.No.1096 of 2022 before this Court and the same was allowed on 17.02.2025, setting aside the order dated 07.06.2022 of the Commissioner of Appeals and remanded the matter for fresh consideration. Therefore, this writ petition may be disposed of by making the interim order dated 13.11.2015 absolute. On the other hand, learned Assistant Government Pleader and 6. learned Standing Counsel does not refute to the above submissions. On considering the submissions of both the learned counsels and 7. upon perusing the entire material on record, this Court is inclined to dispose of the writ petition, making the interim order dated 13.11.2015 absolute, directing the respondents not to interfere with the petitioner’s possession of the land admeasuring Acs.14.00 cents in Survey No.30 Part of Vepagunta Village, Pendurthi Mandal, Visakhapatnam District, till the disposal of the revision application before the Commissioner of Appeals. With the above directions, the Writ Petition is disposed of. There 8. shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT! registrar OFFICER Secretary, Revenue (Endowments) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District 2. The Executive Officer, Sri Varaha Lakshmi Narasimha Swamy Devasthanam, Simhachalam, Visakhapatnam District A P 3. One CC to Sri P Roy Reddy, Advocate [OPUC] 4. One CC to Sri N.V.S. Prasada Varma, Standing Counsel [OPUC] 5. Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] 6 Three CD Copies //TRUE COPY// S To, van. RAM HIGH COURT DATED:18/02/2025 1 3 MAR 2025 Current aeciion ^*£espATcW^^ ORDER WP.No.36918 of 2015 DISPOSING OF THE WP WITHOUT COSTS