Kandavilli Suryanarayanacharyulu v. State of Andhra Pradesh Rep. by its Principal Secretary
WP/28311/2015 · 2025-01-21
K Manmadha Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38884 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38884 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010791002015
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 28311/2015 Between: Kandavilli Suryanarayanacharyulu and Others ...PETITIONER(S) AND State Of Andhra Pradesh Rep By Its Principal Secretary and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. T V S PRABHAKARA RAO 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 seeking the following relief:-
“..to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in taking steps to dispossess the petitioners from the house property bearing Door No.217(Old 214) and
adjacent site of an extent of 248 Sq.Yards on western side of the said house of Gumparru village, Yelamanchali Mandal, West Godavari District as illegal, arbitrary and violative of principles of natural justice consequently directing the respondents not to dispossess the petitioners from the said property without recourse to law and pass...”
2. Heard Mr P.Sai Avinash, learned counsel representing on behalf of Mr T.V.S.Prabhakar, learned counsel for the petitioners and the learned Assistant Government Pleader for Endowments appearing for the respondents. 3. On hearing, learned counsel for the petitioners while reiterating the averments made in the writ petition submits that this Court on 02.09.2015 passed an interim order and requests to make the said interim order absolute. The interim order granted by this Court on 02.09.2015 reads as follows:-
“…… The petitioners apprehend threat of dispossession without following due process. Having regard to the same, the petitioners shall not be dispossessed without following the due process”. 4. Whereas, learned Government Pleader for Endowments submits that pursuant to the interim orders of this Court, dated 02.09.2015, the 4th respondent has filed Original Application before the Tribunal and it is still pending. He further submits that without filing O.A before the Tribunal, the petitioners have straight away approached this Court which is illegal and arbitrary. Hence, the learned Government Pleader opposed for grant of any relief in this Writ Petition and prayed to dismiss the same. 5.
Considering the submissions of both the learned counsels, as the O.A filed by the 4th respondent is pending before the Hon’ble Endowments Tribunal, the respondents are directed not to dispossess the petitioners from the house property bearing Door No.2-17(old 2-14) and adjacent site of an extent of 248 square yards on western side of the said house of Gumparru Village, Yelamanchali Mandal, West Godavari District till disposal of the Original Application filed by the 4th respondent before the Tribunal. 6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Date: 21.01.2025 TM