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2025 DAILYLAW 4097 (AP)

KAMBHAMPATI SITARAMA SARMA v. THE STATE OF ANDHRA PRADESH

WP/1527/2025 · 2025-01-29

K Manmadha Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1527 OF 2025 Between: Kambhampati Sitarama Sarma, S/o. Late K.S Venkateswarlu, Aged about 61 Years, Occ Business R/o. D. No. 1-24/201, Pavan Nilayam-1, Kodali Koteswararao Street, Tadigadapa, Penamaluru Mandal, Krishna District ...PETITIONER AND The State of Andhra Pradesh, Revenue (Endowments) Department, Velgapudi, Secretariat Buildings, Amaravathi, Guntur District. Rep. by its Principal Secretary. The Commissioner, Endowments Department, Gollapudi, Vijayawada The Assistant Commissioner, Endowments Department, Guntur, Guntur District Sri Someswara Swamy Temple, Pidaparru Village, Kollipara Mandal, Guntur District. Rep. by its Executive officer Mamillapalli Subbaraya Sarma, S/o. Late Ramlingeswararao, age 50 years, Occ; Archaka R/o. 4-228, Vasavi Nagar colony, Devangapuri, Jandrapeta, Chirala Mandal, Prakasam District Chilumuru Sivaprasad, S/o. Late Gurumurthy, age 65 years, Occ; Archaka R/o. Rachhamallapadu village, Veldurthy Mandal, Guntur District Presently residing at Munnangi Village, Kollipara Mandal, Guntur District. 1. 2. 3. 4. 5. 6. ...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 A be pleased to issue an appropriate writ order direction more particularly one in the nature of writ of mandamus, declaring the action of the ?^.§pondents 2 to 4 in not restoring the archaka inam land from r|sp^pdents 5 and 6 measuring Ac. 1.00 cents and Ac. 3.00 cents situated Sy. No. 35 of Pidaparru village, Kolipara Mandal, Guntur District as bad, arbitrary and violative of Articles 14, 21,25 and 26 of Constitution of India and consequently direct the respondents to restore the subject lands to the 4*^ respondent temple and thereafter to conduct the public auction of the same. ' J lA 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 to direct the respondents 2 to 4 to consider the petitioner’s representations dated 20.06.2024, 07.08.2024 & 30.09.2024. Counsel for the Petitioner: SRI D. V. SASIDHAR Counsel for the Respondent Nos.1 to 3: GP FOR ENDOWMENTS Counsel for the Respondent No.4:M/s. P.PADMAVATHI, SC FOR ENDOWMENTS Counsel for the Respondent Nos.5 & 6:— The Court made the following: ORDER 1 APHC010027202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1527/2025 Between; Kambhampati Sitarama Sarma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.D VSASIDHAR Counsel for the Respondent{S); 1.GP FOR ENDOWMENTS The Court made the following; ORDER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ declaring the action of the respondents 2 to 4 in not restoring the archaka inam land from respondents 5 and 6 measuring Ac. 1.00 cents and Ac.3.00 cents situated in Sy.No.35 of Pidaparru village, Kolipara Mandal, Guntur District as bad, illegal, arbitrary and violative of Articles 14, 21, 25 and 26 of Constitution of India and consequently direct the respondents to restore the subject lands to the 4^'’ respondent temple and thereafter to conduct the public auction of the same and pass such other order or orders ” 2 Heard Mr.D.V.Sasidhar, learned counsel for the petitioner and learned Assistant Government Pleader for Endowments, 2. appearing for the respondents 1 to 3 and Mrs.Padmavathi Padnavis, learned Standing Counsel for the 4 respondent! 3. On hearing, learned counsel for the petitioner reiterated the contentions which are urged in the writ petition. 4. Learned Assistant Government Pleader for Endowments has submitted a copy of instructions of the 4^^ respondent, wherein it is stated that the 2'^"' respondent issued enquiry notice in Rc.No.C2/13021(41)724/2022, dated 26.01.2023, directing the respondents 3 to 6 to attend for hearing on subject matter of non-rendering of Archakatvam services on 10.02.2023 at 11.00 A.M. and further enquiry was also posted to 24.02.2023. Further stated that the said enquiry is pending and final orders are yet to be passed by the 2 respondent. nd So, in view of the above instructions, it is clear that already enquiry is pending with regard to the same subject matter since the year 2023 and the 2^^^ respondent has not taken any steps to proceed further with the enquiry and to conclude the same. 5. 6. Therefore, in the above facts and circumstances of the case, this Court feels it appropriate to dispose of the writ petition directing the 2^^ respondent to complete the enquiry with regard to subject matter and pass appropriate 3 orders, in accordance with law, within a period of six (06) months from the date of receipt of a copy of this order. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. 7. 8. As a sequel, interlocutory applications, if any pending, shall stands closed. Sd/- V SAVITHRI GOWRI ASSISTANT REGISTRAR !■ / //TRUE COPY// SEi OFFICER To, 1. The Principal Secretary, Revenue (Endowments) Department, State of Andhra Pradesh, Velgapudi, Secretariat Buildings, Amaravathi, Guntur District. 2. The Commissioner, Endowments Department, Gollapudi, Vijayawada 3. The Assistant Commissioner, Endowments Department, Guntur, Guntur District 4. The Executive officer, Sri Someswara Swamy Temple, Pidaparru Village, Kollipara Mandal, Guntur District. 5. One CC to Sri D. V. Sasidhar, Advocate [OPUC] 6. One CC to M/s. P. Padmavathi, SC for Endowments[OPUC] 7. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb HIGH COURT DATED:29/01/2025 ORDER 18 FE9 2m I . Current Section . ^ V2£apAtcH€2,^^ WP.No.1527 of 2025 '/3: O DISPOSING OF THE W.P. WITHOUT COSTS