IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRTIETHDAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K. MANMADHA RAO WRIT PETITION NO: 1953 OF 2025 Between: Bhatlapenumarthi Seetha Ram Prasad, S/o. Late Madhava Rao, age 60 years R/o. Dr.No.4-292, Pandaripuram, Purushothapatnam, Chilakaluripeta. Bhatlapenumarthi Balaji, S/o. Late Madhava Rao, age 55 years R/o. Dr.No.4-292, Pandaripuram, Purushothapatnam, Chilakaluripeta. ...PETITIONERS 1. 2. AND The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Revenue (Endowments) Department, Secretary, Velagapudi, Amaravathi, Gunturu District. The Commissioner of Endowments, Andhra Pradesh, Amaravathi, at Gollapudi, Vijayawada. The Assistant Commissioner of Endowments, Endowments Department. Sri Chennakesava and Sri Venkateswara Swamy Temples, rep. by its Executive Officer, Upputuru, Parchuru Mandat, Prakasam District. 1. 2. 3. 4. ...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 any writ or direction more particularly one in the nature of Writ of Mandamus a) declaring inaction of the Respondents in not exercising its jurisdiction by not disposing of the Petitioners representation dt. 17.04.2017 for not passing any necessary orders as illegal and consequently direct the Respondents to discharge its legitimate duty in disposing of my representation dt. 17.04.2017 in a time bound manner as f fixed by the Hon’ble High Court b) declaring the action of the Respondents in including our absolute property in the list of prohibited properties in spite V ^ * ‘of-tKe judgment of the Competent Civil Court in the year 1975 to the effect '■ .'V v /'jlh^<Jhe) subject property of Ac. 10-62 cents in survey no.278 of ''BWawa^amanda gunta Village, Parchuru Mandal, Prakasam District, is ' -property of the Petitioner and not temple's property as illegal, arbitrary and consequently direct the 2'’'^ Respondent to delete the same from list of prohibited properties U/s.22(A)(1)(c) of the Registration Act 1908 in a time bound manner as fixed by the Hon'ble High Court. lA NO: 1 OF 2025 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 grant interim order by directing the 2"^^ Respondent to dispose of the Petitioner's representation dt. 17.04.2017 within a given period of time pending disposal of the writ petition. Counsel for the Petitioners: SRI K. H. V. SIVA KUMAR Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following: ORDER k APHC010021152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1953/2025 Between: ...PETITIONER(S) Bhatlapenumarthi Seetha Ram Prasad and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.KHV SIVA KUMAR Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “....pleased to Issue any writ or direction more particularly one in the nature of Writ of Mandamus a declaring Inaction of the Respondents In not exercising its jurisdiction by not disposing of the Petitioners representation dt 17.04.2017 for not passing any necessary orders Illegal and conseguently direct the Respondents to discharge its legitimate duty in disposing of my representation dt 17.04.2017 in a time bound manner as fixed by f i the Hon’ble High Court b) declaring the action of the Respondents in including our absolute property in the list of prohibited properties in spite of the judgment of the Competent Civil Court in the year 1975 to the effect that the Survey No.278 of subject property of Ac. 1062 cents in Bodawadamanda gunta Village, Parchuru Mandal, Prakasam District is property of the Petitioner and not temples property as illegal arbitrary and conseguently direct the 2 Respondent to delete the same from list of prohibited properties under Section 22(1) (c) of the Registration Act,1908 in a time bound manner as fixed by the Honble High Court and pass....” nd The case of the petitioners in brief is that the land to an extent of 2. 10.62 cents in Sy.No.278 of Bodawadamandaunta village belongs to petitioners father Penumarthy Madhav Rao who got registered the same under Registered Gift Settlement No.204/1953, dated 09.02.1953 SRO Chilakaluripeta executed by his adoptive mother ie., Annapuranama and he enjoyed the same with absolute rights. Thereafter, the petitioners herein and his deceased brother got the said land to an extent of Ac. 10.62 cents jointly in D.No.278 of Bodawadamanda gunta village, Parchuru Mandal, Prakasam District along with other properties by virtue of wills of their parents. In that the 1®‘ petitioner got an extent of Ac.4.53 cents and 2"^^ petitioner got an extent of Ac.1.56 cents out of Ac.10.62 cents and deceased younger brother/late Siva Rama Krishna got an extent of Ac.4.53 cents. Thereafter, the names of the petitioners were mutated in the revenue records and pass book and title deed were issued in their favour. Thereafter, the petitioners came to know that the subject property ie., the land to an extent of Ac.10.62 cents in Sy.No.278 of Bodawadamanda gunta village was enlisted in the list of prohibited properties ir nd under Section 22(A) (1) (C) of the Registration Act, 1908 by the 2 respondent as an Endowments property pertains to the 4*'^ respondent temple without any enquiry and without issuing any notice. In order to remove the said land from the prohibited properties list, the petitioner made a representation, dated 17.04.2017 to the respondent authorities. But, the respondents did not consider the same. Hence, the present Writ Petition is filed. Heard Mr K.H.V.Siva Kumar, learned counsel for the petitioners 3. and the learned Government Pleader for Endowments appearing for the respondents. On hearing, learned counsel for the petitioners submits that 4. though the petitioners have submitted representation, dated 17.04.2017 to the 2"'^ respondent, for deletion of the subject property from prohibited properties list, but the 2^^ respondent has not considered the said representation which is illegal, arbitrary and violative of principles of natural justice. Hence, the learned counsel for the petitioners requests to pass appropriate orders. Whereas, learned Government Pleader for Endowments 5. appearing for the respondents opposed for grant of any relief in this Writ Petition and prayed to dismiss the same. Considering the submissions of learned counsel for the 6. nd petitioners and the learned Government Pleader for Endowments, the 2 respondent is directed to consider the representation, dated 17.04.2017 T V S submitted by the petitioners and pass appropriate reasoned orders, in accordance with law, within a period of three (03) months from the date of receipt of a copy of this order. With the above directions, this Writ Petition is disposed of. There 7. shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- V SAVITRI GOWRI ASSISTANT REGISTRAR //TRUE COPY// SEC-nfN OFFICER 7^ / To, 1. The Special Chief Secretary, Revenue (Endowments) Department, Secretary, State of Andhra Pradesh, Velagapudi, Amaravathi, Gunturu District. 2. The Commissioner of Endowments, Andhra Pradesh, Amaravathi, at Gollapudi, Vijayawada. Assistant Commissioner of Endowments, Endowments Department. 4. The Executive Officer, Sri Chennakesava and Sri Venkateswara Swamy Temples, Upputuru, Parchuru Mandal, Prakasam District. 5. One CC to Sri K. H. V. Siva Kumar, Advocate [OPUC] 6. Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] 7. Three C.D. Copies 3. The Cnr f HIGH COURT DATED:30/01/2025 ORDER WP.No.1953 of 2025 I" 10 MAR 2025 § ^ . Current Section . DISPOSING OF THE W.P. WITHOUT COSTS