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2025 DAILYLAW 44762 (AP)

KOPPULA BUCHHIYYA v. THE STATE OF ANDHRA PRADESH

WP/10038/2025 · 2025-04-20

Kiranmayee Mandava

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV, (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10038 OF 2025 on C'- o Between: 1. Koppula Buchhiyya, S/o Pedda Yesu Ramaiah, Aged about 57 years, Occ. Agriculture, R/o Vedadri Village, Jaggaiahpeta Mandal, NTR District 2. Gugulothu Bojya, S/p Panthulu Naik, Aged about 49 years, Occ. Agriculture, R/o Vedadri Village, Jaggaiahpeta Mandal, NTR District 3. Bhukya Mangya, S/o Gopriya, Aged about 49 years, Occ. Agriculture, R/o Vedadri Village, Jaggaiahpeta Mandal, NTR District 4. Seelam Venkateswarlu, S/o Kotaiah, Aged about 64 years, Occ. Agriculture, R/o Vedadri Village, Jaggaiahpeta Mandal, NTR District 5. Bhukya Nandya, S/o Magatha, Aged about 74 years, Occ. Agriculture, R/o Vedadri Village, Jaggaiahpeta Mandal, NTR District ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments) Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner, Endowments Department, Gollapudi, Vijayawada, NTR District 3. The Regional Joint Commissioner, Endowments Department, Rajahmundry, East Godavari District. 4. The Assistant Commissioner, Endowments Department, Vijayawada, NTR District. 5. Sri Yogananda Lakshmi Narasimhaswamy Devasthanam, Vedadri, Jaggaiahpeta Mandal, NTR 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 therev\/ith, the High Court may be pleased to issue a writ or direction, more particularly one in the nature of Writ of Mandamus Declaring the action of the 5*^ respondent in issuing auction notification dated 12.04.2025 for conducting auction on 22.04.2025 at 10.00 AM in the 5th respondent temple, for lease hold rights of the lands admeasuring Ac. 3.50 cents in RS No. 83 of Ravirala village, Jaggaiahpet Mandal, NTR District, Ac. 5.00 cents in RS No. 150 of Vedadri village, Jaggaiahpet Mandal, NTR District, Ac. 3.50 cents in RS No. 207-1 of Bandipalem village, Jaggaiahpet Mandal, NTR District, Ac. 2.00 cents in RS No. 100 of Vedadri village, Jaggaiahpet Mandal, NTR District and Ac. 2.00 cents in RS No. 11-1 of Vedadri village, Jaggaiahpet Mandal, NTR District for a period of 1 (one) year as bad, illegal, arbitrary without jurisdiction and violative of articles 14, and 21 of Constitution of India and Consequently set aside the auction notification dated 12.04.2025 only in respect of the subject land and Direct the respondents not to conduct auction of subject lands and Direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners over the subject lands pending the appeals before the O'"' respondent. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstanced stated in the affidavit filed in support of the petition, the High Court may bi pleased to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners land measuring Ac. 3.50 centd in RS No. 83 of Ravirala village, Jaggaiahpet Mandal, NTR District, Ac. 5.00' cents in RS No. 150 of Vedadri village, Jaggaiahpet Mandal, NTR District,' Ac. 3.50 cents in RS No. 207-1 of Bandipalem village, Jaggaiahpet Mandal, NTR District, Ac. 2.00 cents in RS No. 100 of Vedadri village, Jaggaiahpet Mandal, NTR District and Ac. 2.00 cents in RS No. 11-1 of Vedadri village, Jaggaiahpet Mandal, NTR District by suspending the auction notification dated 12.04.2025 for conducting auction on 22.04.2025 at 10.00 AM in the 5 respondent temple. Counsel for the Petitioners: SRI D. V. SASIDHAR Counsel for the Respondent Nos.1 to 4: GP FOR ENDOWMENTS Counsel for the Respondent No.5: SRI K. KOTESWARA RAO, SC FOR ENDOWMENTS The Court made the following: ORDER APHC010201302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3458] MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10038/2025 Between: ..PETITIONER(S) Koppula Buchhiyya and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.D VSASIDHAR Counsel for the Respondent(S); 1.GP FOR ENDOWMENTS The Court made the following: ORDER: Heard the learned counsel for the petitioner and Sri Srinivas Pathuri, learned Assistant Government Pleader for Endowments. The contention of the petitioner is that against the order of the 4*^ respondent rejecting the case of the petitioner in not recognizing him as landless person in terms of Section 82 of the Endowments Act, the petitioner has filed an appeal before the 3^^ respondent. The said appeal is 2. pending for consideration before the impugned public auction lease hold rights i 2025-26. yf> 3 respondent. In the meanwhile, the notice has been issued for conducting auction of a period of one year from in respect of the subject land for 3- Learned counsel for the consideration of the appeal the order of the 4*^ conducted and concluded in the favour of the hardship to the petitioner, auction notice. petitioner thus contends that as well as the application filed pending by them against respondent, if the and the possession of the successful bidder. The thus seeks for auction of the subject land iIS lands would be given same would cause financial suspension of the impugned 4. Having regard to the fact that before the 3'^ the appeal filed by the petitioner respondent was filed in July 2024, this Court deems it appropriate to direct the 3'^^ respondent to dispose of the appeal within a period of three (03) weeks from the date of conduct the auction receipt of this order. The 5*^ respondent is directed to however, he shall not finalize the 3^^ as per the schedule- the auction, till disposal of the appeal before respondent. The petitioner i IS also at liberty to participate in the auction, scheduled on 22.04.2025 3- With the above observation There shall be the Writ Petition is disposed of. no order as to costs. 3 As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To, 1. The Principal Secretary, Revenue (Endowments) Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner, Endowments Department, Gollapudi, Vijayawada, NTR District 3. The Regional Joint Commissioner, Endowments Department, Rajahmundry, East Godavari District. 4. The Assistant Commissioner, Endowments Department, Vijayawada, NTR District. 5. The Executive Officer, Sri Yogananda Lakshmi Narasimhaswamy Devasthanam, Vedadri, Jaggaiahpeta Mandal, NTR District. 6. One CC to Sri D.V. Sasidhar, Advocate [OPUC] 7. One CC to Sri K. Koteswara Rao, SC for Endowments[OPUC] 8. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb HIGH COURT \ DATED;21/04/2025 ORDER WP.No.10038 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS