APHC010516532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 26581/2025 Between: 1. SOLASA VENKATA SATYA PUSHKAR KUMAR, S/O. SVRN KRISHNA RAO, AGED 56 YEARS, OCC CULTIVATION, R/O. D. NO. 4-14, BESIDE RATNAM OIL BUNK, JANGAREDDYGUDEM, ASWARAO PET, BHADRADRI KOTHAGUDEM DISTRICT, TELANGANA STATE. 2 2. SOLASA VENKATA SURESH KUMAR, . S/O. SVRN KRISHNA RAO, AGED 54 YEARS, OCC CULTIVATION, R/O. D. NO. 15-9, ASWARAOPET, JANGAREDDYGUDEM TOWN AND MANDAL, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. 3. 3. SOLASA VENKATA PHANI KUMAR, S/O. SVRN KRISHNA RAO, AGED 53 YEARS, OCCCULTIVATION, R/O. D. NO. 7-37/1, 1ST FLOOR, LAKSHMI NILAYAM, ENIKE PADU, VIJAYAWADA CITY, KRISHNA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE ENDOWMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. 2. THE REGIONAL JOINT COMMISSIONER, ENDOWMENT DEPARTMENT, RAJAMAHENDRAVARAM CITY, EAST GODAVARI DISTRICT. 3. 2 3. THE DEPUTY COMMISSIONER, ENDOWMENTS DEPARTMENT, KAKINADA CITY, KAKINADA DISTRICT ERSTWHILE EAST GODAVARI DISTRICT. 4. 4. THE DISTRICT ENDOWMENT OFFICER, ENDOWMENT DEPARTMENT, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. 5. SRI SITA RAMASWAMY TEMPLE, REP. BY ITS EXECUTIVE OFFICER, JANGAREDDYGUDEM TOWN AND MANDAL, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. 6. 6. EXECUTIVE OFFICER, SRI. SITA RAMASWAMY TEMPLE, JANGAREDDYGUDEM TOWN AND MANDAL, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings dt. 18.09.2025 passed by 6 respondent, thereby directing to evict the petitioners from their agricultural landed property of Ac. 9.41 cents in Survey Number 121/2 of Jangareddygudem Village and Mandal, Eluru District, corresponding to present Survey Numbers 121-2-B, 121-2-A and 121-2-C, as illegal, irregular, offends articles 14, 21 and 300-A Constitution of India, violative of provisions of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and consequently direct the respondents not to interfere in any manner with absolute possession of petitioners over their said landed properties and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case 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 to suspend the operation of proceedings dt. 18.09.2025 passed by 6th respondent and consequently direct the respondents not to interfere with possession of petitioners over their agricultural landed property of Ac. 9.41 cents in Survey Number 121/2 of Jangareddygudem Village and Mandal, Eluru District, which corresponds to present Survey Numbers 121-2-B, 121-2- 3 A and 121-2-C of Jangareddygudem Village and Mandal, Eluru District, pending disposal of the main Writ Petition and pass s IA NO: 2 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 vacate the interim order granted by this Hon’ble court dt.26.09.2025 in W.P No. 26581 of 2025 and further dismiss the above Writ Petition and pass IA NO: 3 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 summon the Settlement Officer cum Joint Collector, Eluru District, Eluru to produce the entire record connected to the settlement orders in S. R. No. 15(1) - 1841/61WG Dt. 30.03.1974 and SR No. 11(a) 246/86 Dated 09.02.1987, issued by their office, in the interests of justice and pass Counsel for the Petitioner(S): 1. SITA RAM CHAPARLA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. PULIPATI RADHIKA 4 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 26581/2025 The Court made the following Order: Heard Sri Sita Ram Chaparla, learned counsel for the petitioners, Sri V. Venu Gopal Rao, learned Senior Counsel appearing for Endowments for the respondent Nos.1 to 4 and Smt. Pulipati Radhika, learned Standing Counsel for the respondent Nos.5 & 6. 2. The grievance of the petitioners is against the proceedings of the 6th respondent issued under Section 83(2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. 3. It is contended that the petitioners have succeeded to the subject property in a family partition. Learned counsel for the petitioners contends that in respect of the subject properties, Ryotwari Patta under the provisions of Section 11(a) of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948. Thus, granted in favour of the petitioners’ father and his brothers, and the said proceedings became final after the death of the petitioners’ father, the share of the petitioners’ father in the subject property devolved on the petitioners. Accordingly, they have partitioned the subject properties among themselves. Consequently, the revenue department has granted mutations in the revenue records, and Pattadhar Passbooks and Title Deeds have also been issued. 5 4. It is further contended by the learned counsel for the petitioners that the 6th respondent issued notice on 22.08.2023 under Section 83(2) of the Andhra Pradesh Charitable & Hindu Religious Institutions and Endowments Act, 1987 requiring the petitioners to show cause as to why they should not be evicted from the subject properties. To the said extent, the petitioners have submitted their reply. However, the respondent No.6 did not pass any orders on the said notice. Vide the impugned proceedings, the respondent No.6 passed the order directing the petitioners to vacate from the subject property after two years from the date of issuance of the show cause notice. 5. The Learned counsel for the petitioners contends that the petitioners are the absolute owners of the subject property having regard to the issuance Ryotwari Patta granted in favour of their father and his brothers. Thus contends that the impugned proceedings are liable to be set aside, as the same is in violation of the principles of natural justice as the same has been passed after a period of two years without hearing the petitioner. 6. The respondent No.5 filed counter affidavit stating that the writ petition filed by the petitioners is not maintainable having regard to the fact that the claim of the petitioners based on the Ryotwari Patta is not sustainable since there is a remedy of Appeal provided under the Act to the Tribunal against the orders of the 5th respondents under the provisions of Section 83(6) of the Andhra Pradesh Charitable & Hindu Religious Institutions and Endowments Act, 1987. 6 7. It is further contended that the Temple is the absolute owner of the property and the name of the Temple is already been recorded in the FLR (Fair Land Register). It is further stated that the proceedings of the Settlement Officer, dated 30.03.1974 are fake and not genuine. However the Assistant Settlement Officer had also initiated suo-moto enquiry into the issue and Patta was granted in favour of the respondent No.5 in 1961. It is further argued by the learned Standing Counsel, Smt. Pulipati Radhika, that the petitioners and their forefathers have managed the revenue authorities and got mutated their names in the revenue records. Thus argues that the proceedings of the respondent No.6 are in accordance with law. 8. Learned counsel for the respondents relies on the decision of this Court in W.P.No.33665 of 2025, dated 04.12.2025 and submits that against the impugned order, appeal remedy is provided under Section 83(6) of the Act before the Tribunal. 9. Having regard to the contentions advanced, this Court deems it appropriate to dispose of the Writ Petition granting liberty to the petitioners to file an Appeal before the Tribunal within a period of two (02) weeks from the date of receipt of the order. Upon filing of such an Appeal, the Tribunal is directed to consider and pass appropriate orders in accordance with law. Till the date of filing of such an appeal, the interim order granted earlier by this Court on 26.09.2025 shall continue. 7 10. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 10.12.2025 MSI 8 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 26581/2025 Date: 10.12.2025 MSI