IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1415 OF 2025 Between: 1. Challa Sheshamma, W/o Challa Penchalaiah, Aged about 63 years, R/o Adupupalli, Chejarla Mandal, SPSR Nellore District, Andhra Pradesh- 524 342. 2. Challa Penchalaiah, S/o Challa Lakhsmaiah, Aged about 68 years, R/o Adupupalli, Chejarla Mandal, SPSR Nellore District, Andhra Pradesh- 524 342 ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Endowments Department, Secretariat Buildings, Velagapudi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi. 3. The Commissioner of Endowments, Andhra Pradesh. 4. The Assistant Commissioner of Endowments, SPSR Nellore District, Andhra Pradesh. 5. The District Collector, SPSR Nellore District, Andhra Pradesh. 6. The Village Revenue Officer, Aduru Palli Village, Chejarla Mandal, SPSR Nellore District. 7. Sri Veera Bhadra Swamy Vari Temple, Rep. by its Executive Officer, Chittaluru Village, Chejarla Mandal, SPSR Nellore District, Andhra Pradesh. ...RESPONDENTS 0 Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any appropriate writ, direction, order or orders declaring the action of the Respondents in interfering with the peaceful possession of the Petitioners property and trying to dispossess them from the property admeasuring to an extent of 213.8889 sq yards situated in Dr. No. 1-330, Sy. No. 352, Adurupalli Village, Chejerla Mandal, SPSR Nellore District without considering their reply to the notices issued under Section 83 of the Andhra Pradesh Charitable and Hindu religious Institutions and Endowments Act, 1987 as being illegal, arbitrary, sans jurisdiction, violative to cardinal principles of natural Justice and Article 19, 21 and 300-A of the Indian Constitution and consequently, direct the Respondents not to interfere and dispossess the Petitioner from the property admeasuring to an extent of 213.8889 sq yards situated in Dr. No. 1-330, Sy. No. 352, Adurupalli Village, Chejerla Mandal, SPSR Nellore District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to interfere and dispossess the Petitioner from the property admeasuring to an extent of 213.8889 sq yards situated in Dr. No. 1-330, Sy. No. 352, Adurupalli Village, Chejerla Mandal, SPSR Nellore District by suspending the Notice issued by Respondent No.7 dated 06.01.2025. Counsel for the Petitioner: SRI SINGAMSETTY V M SANKAR Counsel for the Respondent Nos. 1,3 & 4: GP FOR ENDOWMENTS Counsel for the Respondent Nos. 2, 5 & 6: GP FOR REVENUE Counsel for the Respondent No.7: SRI G RAMANA RAO (SC FOR ENDOWMENTS) The Court made the following: ORDER 1 APHC010026152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0;^0 [3310] TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1415/2025 Between; ...PETITIONER(S) Challa Sheshamma, and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.SINGAMSETTY V.M. SANKAR Coun'sel for the Respondent(S): 1.GP FOR REVENUE 2.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; “....may be pleased to issue a Writ of Mandamus or any appropriate writ, direction, order or orders declaring the action of the Respondents in interfering with the peaceful possession of the Petitioners property and trying to dispossess them from the property admeasuring to an extent of 213.8889 situated Dr.No.1330, sq. yards Sy.No.352 Adurupalli Village, Chejerla Mandal SPSR Nellore District without considering their reply in 2 to the notices issued under Section 83 of the Andhra Pradesh Charitable and Hindu religious Institutions and Endowments Act 1987 as being illegal, arbitrary, violative to cardinal principles of natural Justice and Article 19, 21 and 300-A of the Indian Constitution and consequently direct the Respondents not to interfere and dispossess the Petitioner from the property admeasuring to an extent of 213.8889 sq yards situated in Dr. No. 1330 Sy.No.352 Adurupalll Village, Chejerla Mandal, SPSR Nellore District and pass such....” The case of the petitioners in brief is that the petitioners are residing in the property admeasuring an extent of 213.889 square years situated in Dr.No.1-330, Sy.No.352, Adurupalli Village, Chejerla Mandal, SPSR Nellore District and in the year 2011, the petitioners were granted house site patta for the said property and was also awarded an amount of Rs.34,260/- for construction of the house in the said premises. Accordingly, a pucca house was constructed by the petitioners and the petitioners were granted an amount of Rs. 17,500/- as loan payable within 120 months. In the year 2022, the petitioners was granted Gruha Hakku Patram(free from all encumbrances) under Jagananna Sampoorna Gruha Hakku Scheme and per the said scheme the beneficiaries are required to pay a marginal amount to the concerned housing and revenue authorities to get the deed registered resulting in absolute title. In furtherance of the said scheme, the petitioner was granted a similar deed, dated 17.01.2022 and as per the said deed, the petitioners were endowed the absolute title over the property with a right to transfer, alienate, mortgage or gift. 2. as 3 While the things stood thus, the 7‘^ respondent has issued notice dated 06.01.2025 under Section 83(2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987(for short 'the Act’) seeking explanation from petitioners as to why they should not be treated as encroacher under Section 83 of Act 30 of 1987 as amended by Act No.36 of 2023. Petitioners has submitted explanation to the said notice, on 15.01.2025 stating that they have been in possession of the said property since many years and the notice issued by 7*'^ respondent that the land belongs to the temple is false. But, without considering the reply submitted by the petitioner. Respondent Nos.6 and 7 had approached the petitioners property on 17.01.2025 and trying to dispossess the petitioners from the subject property. Hence, the present Writ Petition is filed. 3. Heard S.V.Maruthi Sankar, learned counsel for the petitioners and the learned Government Pleader for Endowments appearing for the respondents. On hearing, learned counsel for the petitioners submits that the 7**^ respondent has issued notice, dated 06.01.2025 to the petitioners under Section 83(2) of the Act seeking to submit explanation within a period of 7 4. days or else handover the subject premises. The petitioners has submitted explanation, dated 15.01.2025 stating that they are residing in the subject property for many years and the subject property does not belongs to the temple. He further submits that even after receipt of the said explanation, the respondents did not considered the same and are trying to dispossess the 4 petitioners from the subject property whioh is illegal, arbitrary and violative of principles of natural justice. Hence, the learned counsel for the petitioners requests to pass appropriate orders. Pleader for Endowments learned Government Whereas, appearing for the respondents opposed for grant of any relief in this Writ Petition and prayed to dismiss the same. 5. of learned counsel for the Considering the submissions learned Government Pleader for Endowments, the 6. petitioners and the consider the explanation submitted by the 15.01.2025 and pass appropriate reasoned orders, in respondents are directed to petitioners on accordance with law, within a period of fifteen (15) days from the date of of this order. Till then, the respondents are directed not to steps against the petitioners with regard to the subject receipt of a copy take any coercive property. With the above directions, this Writ Petition is disposed of. There 7. shall be no order as to costs. sequel, miscellaneous applications pending, if any, shall stand As a closed. Sd/- M. SRINIVAS assistant registrar V I //true copy// SECTION OFFICER To, Secretariat Qorrptarv Endowments Department ^ ■ BuWings'vLgapudi, Amaravathi, Guntur District. , Revenue Department, Secretariat Buildings, 2 The Principal Secretary, r^- * • + ^ Velagapudi, Amaravathi, Guntur District. 3. The Commissioner of Endowments. Andhra Pradesh. ,t{ 4. The Assistant Commissioner of Endowments, SPSR Nellore District Andhra Pradesh. 5. The District Collector, SPSR Nellore District, Andhra Pradesh. 6. The Village Revenue Officer, Aduru Palli Village, Cheiarla Mandal SPSR Nellore District. 7. The Executive Officer, Sri Veera Bhadra Swamy Vari Temple, Chittaluru Village, Chejarla Mandal, SPSR Nellore District, Andhra Pradesh. 8. One CC to Sri Singamsetty V.M. Sankar Advocate [OPUC] 9. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] ^^^^One CC to Sri G Ramana Rao (SC for Endowments), Advocate [OPUC] 12. Three CD Copies TF HIGH COURT DATED;21/01/2025 ORDER WP.No.1415 of 2025 uoiioas lusjjno ^ o-» szoz a3d 10 S to ^ OF ano15^ i(S 01 FEB 2025 m Current Section . 21' -.-I— ---*••• DISPOSING OF THE W.P., WITHOUT COSTS