Extracted from the PDF above. The PDF is authoritative.
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APHC010201102025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10019/2025 Between: Rangani Padmavathi ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. CHALLA HRUDAY RAJ Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR REVENUE
3. GP FOR ENDOWMENTS The Court made the following:
ORDER:-
Heard Sri Challa Hruday Raj, learned counsel for the petitioner and Sri Srinivas Pathuri, learned Assistant Government Pleader for Endowments, appearing for the respondents. 2. Challenging proceedings of the 5th respondent dated 10.03.2025, directing her to vacate from the subject land in an extent of
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Ac.0-02.66 cents in S. No.605/A2 of Somarajupalli Village, Singarayakonda Grama Panchayat and Mandal, Prakasam District, the instant Writ Petition has been filed. 3. The contention of the petitioner is that she has purchased the subject land from one Jalaiah Govinda Rao, by way of an unregistered agreement of sale with possession dated 27.12.2024. It is contended that her vendor has in turn purchased property under agreement of sale with possession dated 25.01.2021. The respondents tried to dispossess the petitioner from the subject land and erected a board stating the land belongs to the endowment department. Thus, the petitioner has issued a legal notice dated 22.01.2025 to the respondents to remove board erected at the subject land. It is stated that the 5th respondent has thereafter issued impugned proceedings alleging that the petitioner is in unauthorized occupation of the property, and directing her to vacate from the same. 4. Considered the rival submissions. 5. Prior to passing of the impugned order, the petitioner was initially issued with show cause notice dated 25.02.2025 requiring to submit her explanation within seven days from the date of receipt of notice. The petitioner has submitted her explanation. 6. After considering the explanation of the petitioner, the 5th respondent has passed the impugned order dated 10.03.2025. The 5th respondent observed that on a perusal of the property register maintained
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under Section 43(10) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 30/87 (hereinafter referred to as ‘the Act’), it is found that the subject land is inam land meant for devasthanam Noukari services.
The provisions of Section 75 of ‘the Act’ 30/87, prohibits the alienation of any inam land meant for the services of the temple without prior sanction of the government. Observing thus the 5th respondent has passed impugned proceedings, directing the petitioner to remove encroachment over the subject land, within 15 days from the date of receipt of order. Further making it clear that if the petitioner fails to remove the encroachment, appropriate action would be taken against the petitioner under Section 83(3) of ‘the Act’ 30/87. 7. Against the orders passed under the provisions of Section 83(2) of ‘the Act’, the petitioner has an alternative remedy of appeal before the Tribunal under Section 83(6) of ‘the Act’ within 15 days from the date of receipt of the order. 8. Having regard to the same, the Writ Petition is disposed of granting liberty to the petitioner to avail alternative remedies available under law. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ___________________________________ JUSTICE KIRANMAYEE MANDAVA Date:22.04.2025 MVK
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178 THE HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION No.10019 of 2025
Date:22.04.2025
MVK