c IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25103 OF 2012 / Between; Doddaka Pitchaiah S/o.Kotaiah, Aged 68 years, Occ; Agriculture, R/o.Mandadam Village, Tulluru Mandal, Guntur District. ...PETITIONER AND 1. The Commissioner, Endowments Department, Tilak Road, Boggulakunta, Hyderabad, A.P. 2. The Regional Joint Commissioner, Endowments Department, Multi Zone-ll, Tirupathi, Chittoor District, A.P. 3. The Assistant Commissioner, Endowments Department, Naaz Centre, Guntur. 4. Sri Ramalingeswara Swamy Temple, Mandadam Village, Tulluru Mandal, Guntur District, Rep. by its Executive Officer ...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 be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF CERTIORARI calling for the records relating to order in Appeal No.44 of 2011, dated;11-07-2012 on the file of Regional Joint Commissioner, Endowments Department, Andhra Pradesh, Multi Zone-11, Tirupathi and to quash the same, holding it as bad, illegal and contrary to the provisions of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, particularly Section 82 of the said Act and Rules made there under and consequentially to uphold the order of the n 3'" Respondent in Rc.No.A5/6032/2003, dated: 13.09.2003 declaring status of the Petitioner as landless poor in respect of agricultural dry land to an extent of Ac.3.67 V2 cents in Sy.No.280/A, B and C of Velagapudi Village, Thulluru Mandal, Guntur District. the l-A. NO: 2 OF 2012rWPMP. NO: 32014 OF 9ni?| 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 order in Appeal No.44 of 2011, dated. 11-07-2012 passed by the 2^*^ Respondent Petitioner in the agricultural dry land to an extent of Ac.3.67 1/2 cents in Sy.No.280/A, B and C of Velagapudi Village, Thulium Mandal District, pending disposal of the Writ Petition. so as to continue the Guntur I.A. NO: 1 OF 2012(WVMP. NO: 3802 OF 201?} Between: Sri Ramalingeswara Swamy Temple, Mandadam Village. Tulluru Mandal, Guntur District, Rep. by its Executive Officer ...VACATE PETITIONER AND 1. Doddaka Pitchaiah, S/o.Kotaiah, Aged 68 R/o.Mandadam Village, Tulluru Mandal, Guntur District. ...RESPONDENT/WRIT PETITIONER 2. The Commissioner, Endowments Department, Tilak Road, Boggulakunta, Hyderabad, A.P. 3. The Regional Joint Commissioner of Endowments, Tirupathi Zone-ll. 4. The Assistant Commissioner, Endowments Department, Guntur, Guntur. years, Occ; Agriculture , Multi ...RESPONDENTS/RESPONDENTS • i 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 orders passed in dated ; 14/08/2012 in WP.No.25103/2012. WPMP.No.32104/2012 lA NO: 1 OF 2023 Between: The Regional Joint Commissioner, Endowments Department, Multi Zone-ll Tirupathi, Chittoor District, A.P. ...PETITIONER/2"‘^ RESPONDENT AND 1. Doddaka Pitchaiah, S/o.Kotaiah, Aged 68 years, Occ; Agriculture R/o.Mandadam Village, Tulluru Mandal, Guntur District. ...RESPONDENT/PETITIONER 2. The Commissioner, Endowments Department, Tilak Road, Boggulakunta, Hyderabad, A.P. 3. The Assistant Commissioner, Endowments Department, Naaz Centre, Guntur. 4. Sri Ramalingeswara Swamy Temple, Mandadam Village, Tulluru Mandal, Guntur District, Rep. by its Executive Officer (Respondent No.2 to 4 are not necessary parties in this petition) ...RESPONDENTS/RESPONDENTS 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 vacating the interim suspension orders issued by the Hon'ble court in WP MP No. 32014 of 2012 in WP No. 25103 of 2012 dated 14-08-2012 and dismiss the above writ petition. Counsel for the Petitioner: SRI V. V. N. NARASIMHAM Counsel for the Respondent Nos.1 to 3: GP FOR ENDOWMENTS Counsel for the Respondent No.4: SRI KOPPERA KOTESWARA RAO, SC FOR ENDOWMENTS The Court made the following: ORDER APHC010775572012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY ,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25103/2012 Between: ...PETITIONER Doddaka Pitchaiah AND ...RESPONDENT(S) The Commissioner and Others Counsel for the Petitioner: 1.VVN NARASIMHAM Counsel for the Respondent(S): 1.VT M PRASAD 2.GP FOR ENDOWMENTS The Court made the following: ORDER: Heard the learned counsel for the petitioner, Sri Srinivas Pathuri, learned Assistant Government Pleader for Endowments and Sri Koppera Koteswsara Rao, learned Standing Counsel for the respondent No.4. nd The Writ Petition is filed against the impugned order of the 2 respondent passed in Appeal No.44 of 2011, dated 11.07.2012. 2. 2 3. The contention of the petitioner is that the petitioner has been cultivating the agricultural dry lands of the 4*'' respondent temple. The petitioner was recognized as landless poor vide proceedings of the S'"* respondent, dated 13.09.2003 u/s.82 of the A.P. Charitable Hindu Religious Endowments Act, 1987. Against the said order, the Endowments Department has filed an Appeal before the 2 nd respondent Regional Joint Commissioner. The Appellate Authority has set aside the order of the original authority recognizing the petitioner as a landless poor person on the ground that the Temple executed no registered lease deed in favour of the petitioner. As such, there was no valid lease; therefore, the benefit under Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, cannot be conferred on the petitioner. Learned counsel for the petitioner contends that the Appeal against the original order, dated 13.09.2003, was filed by the Endowments Department in 2011 with an inordinate delay of 8 years, and the appellate authority has no jurisdiction to condone the delay of 8 years. Without considering the said delay, the impugned order was passed by the 2 respondent. In support of his contention, learned counsel for the petitioner relies on the decision of this Court in W.P.No.18313 of 2011 & batch, dated 25.06.2012. 4. nd 5. Having regard to the contentions advanced, this Court, placing reliance on the decision of this Court referred supra, is of the considered view that the impugned order of the 2 nd respondent is not sustainable in 3 f-/- entertaining the appeal after 8 years from the date of the order of the original authority, hence the same is required to be set aside, is set aside. Accordingly, the same 6. However, having regard to the Proviso to Rule Charitable and Hindu Religious Institutions 3 of A.P. and Endowments Lease of Agricultural Lands Rules, 2003, the respondents are at liberty to reexamine the case of the petitioner about his orders. economic status and pass app.ropriate 7. With the above observation, the Writ Petition is allowed. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. That Rule Nisi has been made absolute as above. Witness the Hon’ble the Chief Justice Sri Dhiraj Singb Thakur on this Thursday, Seventeenth day of April, Two Thousand and Twenty Five. Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER -V To 1. The Commissioner, Endowtnqnts Department, Vijayawada, A.P. The Regional Joint Commissioner, Endowments Department, Multi Zone-ll, Tirupathi, Chittoor District, A.P. The Assistant Commissioner, Endowments Department, Naaz Centre, Guntur. The Executive Officer, Sri Ramalingeswara Swamy Temple, Mandadam Village, Tulluru Mandal, Guntur District. One CC to Sri V. V. N. Narasimham, Advocate [OPUC] One CC to Sri Koppera Koteswara Rao, SC for Endowments[OPUC] Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. ssb ssb r t HIGH COURT \ DATED: 17/04/2025 ANDH^^ X 0 'I JUN 2025 m Co Current i*eciion ORDER WP.No.25103 of 2012 ALLOWING THE W.P. WITHOUT COSTS