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High Court of Andhra Pradesh · body

2025 DAILYLAW 40946 (AP)

M. Penchalaiah , v. state of A.P.,

WP/10900/2018 · 2025-12-22

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010246692018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10900/2018 Between: 1. M. PENCHALAIAH, S/O. LATE. PENCHALAIAH MODALIAR, AGED ABOUT 39 YEARS, SHOP NO.1, (FOOT WEAT SHOP) DEVASTHANAM, SHOPPING COMPLEX, GUDUR, SPSR NELLORE DISTRICT. 2. KHANNAPPA BALAJI, S/O.KHANAPPA, AGED ABOUT 63 YEARS, SHOP NO.2, ( READYMADE SHOP) DEVASTHANAM, SHOPPING COMPLEX, GUDUR, SPSR NELLORE DISTRICT. 3. NARASING ARUNABAI ,, W/O.PRATAPSING, AGED ABOUT 56 YEARS, SHOP NO.3, (COOL DRINK SHOP) DEVASTHANAM, SHOPPING COMPLEX, GUDUR, SPSR NELLORE DISTRICT. 4. BALAJI SINGH ,, S/O.CHAN SINGH, AGED ABOUT 59 YEARS, SHOP NO.4, (COOL DRINK SHOP) DEVASTHANAM, SHOPPING COMPLEX, GUDUR, SPSR NELLORE DISTRICT. 5. MUPPALA RMACHANDRA RAJU,, S/O.NARASARAJU, AGED ABOUT 60 YEARS, SHOP NO.5, (HOTEL) DEVASTHANAM, SHOPPING COMPLEX, GUDUR, SPSR NELLORE DISTRICT. 6. VATAMBEDU HAD KUMAR ,, S/O.CHANDRA MOULI, AGED ABOUT 42 YEARS, SHOP NO.6, ( ESSENCES) DEVASTHANAM, SHOPPING COMPLEX, GUDUR, SPSR NELLORE DISTRICT. 7. SUPPASI VAIDYNATHAN GIRI,, AGED ABOUT 46 YEARS, SHOP N.7, (COCONUT SHOP) DEVASTHANAM, SHOPPING COMPLEX, GUDUR, SPSR NELLORE DISTRICT. 2 8. MALLAPPA REDDY RAMALINGA REDDY,, S/O. MALLAPPA REDDY, AGED ABOUT 52 YEARS, SHOP NO S.8 AND 9, (SWEET SHOP) DEVASTHANAM, SHOPPING COMPLEX, GUDUR, SPSR NELLORE DISTRICT. 9. NALUBOLU NARAYANA ,, S/O. KRISHNAIAH, AGED ABOUT 48 YEARS, SHOP NO.10, (FANCY SHOP) DEVASTHANAM, SHOPPING COMPLEX, GODUR, SPSR NELLORE DISTRICT. 10. NALUBOLU SREENIVASULU ,, S/O.KRISHNAIAH, AGED ABOUT 55 YEAS, SHOP NO.11, (FANCY SHOP) . DEVASTHANAM, SHOPPING COMPLEX, GUDUR, SPSR NELLORE DISTRICT. 11. NARAYANA SUBRAMANYAM ,, S/O.GOVINDU, AGED ABOUT 60 YEARS, SHOP NO.12, ( MEDICAL SHOP) DEVASTHANAM, SHOPPING COMPLEX, GUDUR, SPSR NELLORE DISTRICT. 12. KAMICHETTY PRAKASH GUPTHA ,, S/O.SUBRAMANYAM, AGED ABOUT 54 YEARS, SHOP NO.13 (MEDICAL SHOP), DEVASTHANAM, SHOPPING COMPLEX, GUDUR, SPSR NELLORE DISTRICT. 13. KAMICHETTY JITHENDRA ,, S/O. NAGESWARA RAO, AGED ABOUT 40 YEARS, SHOP NO.14 (MEDICAL SHOP), DEVASTHANAM, SHOPPING COMPLEX, GUDUR, SPSR NELLORE DISTRICT. 14. NUVURU VIJAYA SHANKAR REDDY ,, S/O.RAGHURAMI REDDY, AGED ABOUT 46 YEARS, SHOP NO.15, (MEDICAL SHOP). DEVASTHANAM, SHOPPING COMPLEX, GUDUR, SPSR NELLORE DISTRICT. 15. SHAIK USUF ,, S/O.KASIM SAHEB, AGED ABOUT 56 YEARS, SHOP NO.16 (MEDICAL SHOP), DEVASTHANAM, SHOPPING COMPLEX, GUDUR, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. STATE OF A P, REP BY ITS SECRETARY, ENDOWMENTS DEPARTMENT A.P., SECRETARIAT VELAGAPUDI, AMARAVATHI, A.P. 3 2. THE COMMISSIONER ENDOWMENTS, GOVERNMENT OF A.P. VIJAYAWADA, A.P. 3. THE ASSISTANT COMMISSIONER OF ENDOWMENTS, GOVERNMENT OF A.P., NELLORE, SPSR NELLORE DISTRICT, A.P. 4. THE EXECUTIVE OFFICER, SRI. DHARMARAJU SWAMY, DEVASTHANAM, GUDUR, SPSR NELLORE DISTRICT. 5. THE TRUST BOARD, OF SRI. DHARMA RAJA SWAMY DEVASTHANAM, GUDUR, SPSR NELLORE DISTRICT, REP., BY ITS CHAIRMAN ...RESPONDENT(S): 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 in the nature of a Writ of Mandamus or any other appropriate writ, direction, order or orders declaring the action of the of the respondents 1 and 2 in not passing orders renewing the lease of the shops No.1 to 16 situated on the Southern side of Sri Dharmaraja Swamy Vari Devasthanam, Gudur Town, Gudur Mandal, SPSR Nellore District as illegal and void and consequently direct the respondents in renew the lease as recommended by the M.L.A the Trust Boar, the Chairman of the Trust Board and pass IA NO: 1 OF 2018 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 direct the respondents not to evict the petitioners from shp.No.1 to 16 situated on the southern side of Sri Dharmaraja Swamy Vari Devasthanam, Gudur Town, Gudur Mandal, SPSR.Nellore District pending disposal of the Writ Petition and pass IA NO: 1 OF 2025 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 pleased to permit the petitioners withdraw the writ petition No. 10900/2018 with liberty to file fresh writ petition if necessary or on fresh cause of action would arise and pass 4 Counsel for the Petitioner(S): 1. V ESWARAIAH CHOWDARY Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS (AP) 2. A SREEKANTH REDDY(SC FOR ENDOW RS) 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA I.A.No.1 of 2025 In/and WRIT PETITION NO.10900 OF 2018 The Court made the following Order: Sri V. Eswaraiah, Chowdary, learned counsel for the petitioners filed I.A.No.1 of 2025 seeking permission of the Court to withdraw the writ petition with a liberty to avail remedies under law. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn with a liberty as prayed. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 23.12.2025 MSI 6 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO.10900 OF 2018 Date: 23.12.2025 MSI