M. ISMAIL, ANANTAPUR DIST. v. COMMR. ENDOWMENTS, HYD. & ANO.
WP/15316/2012 · 2025-03-17
Kiranmayee Mandava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37074 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37074 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010616772012
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY ,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15316/2012 Between: M. Ismail, Anantapur Dist. ...PETITIONER AND Commr Endowments Hyd Ano and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. R V NAGABUSHNAM RAO Counsel for the Respondent(S):
1. GP FOR ENDOWMENTS The Court made the following:
ORDER:
Heard Sri R.V.Nagabushnam Rao, learned counsel for the petitioner and Sri Srinivas Pathuri, learned Assistant Government Pleader for Endowments.
2. Challenging the action of the respondents in trying to evict the petitioner without following the due procedure under law from the subject properties bearing Door No.5/43 & 44 of Kadiri Town, Anantapur District, the present writ petition is filed.
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3. This Court vide order, dated 30.05.2012 passed the following interim order:
“There shall be „Status Quo‟, existing as on this date, with regard to the premises bearing Door No.5/43 & 44 of Kadiri Town, Anantapur District.”
4. The 1st respondent – Commissioner, Endowments Department has filed counter stating that the Mantapam is a very old structure and the same was demolished and does not exist as of now.
5. The 2nd respondent has filed counter stating that there is no lease agreement subsisting between the parties and the petitioner has also not paid any amount towards use and occupation. It is also further stated the Additional Commissioner of Endowments Department, Hyderabad has issued Notification for construction of shopping complex in G + 2 floors and requested the Municipal authorities to take immediate action for demolition of the Mantapam as there was danger of immediate fall, since the structure was old and was in dilapidated condition. The structure was demolished on 19.05.2012 much before the ‘Status Quo’ orders that were passed on
30.05.2012.
6.
Learned counsel for the petitioner thus argues that in spite of the interim orders, the respondents have demolished the building, however liberty may be granted to the petitioner to avail their remedies available under law.
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7. In view of the same, the Writ Petition is disposed of granting liberty to the petitioner to avail the remedies available under law. There shall be no order as to costs.
As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA
Date: 17.03.2025 MSI
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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 15316/2012
Date: 17.03.2025 MSI