Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 47405 (AP)

Karri Veera Venkata Ramana, v. The State of Andhra Pradesh,

WP/28686/2025 · 2025-10-16

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010552292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE SEVENTEENTH DAY OF OCTOBE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOS: 28686. 28740 AND 28744 OF 2025 WRIT PETITION NO: 28686 OF 2025 Between: Karri Veera Venkata Ramana, S/o Jaggaiah, aged about 60 years, R/o D. No. 4-168, Gandhi Nagar, Burugupudi village Kirlampudi Mandal, Kakinada District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Endowment Department, A.P. Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. Commissioner of Endowments, State of Andhra Pradesh Goliapudi, Vijayawada 3. Assistant Commissioner of Endowments, Kakinada 4. Deputy Commissioner of Endowment, Kakinada 5. Sri Venkateswara Swamy Vari Temple, Sri Paravasthu Ajhaghya Manavalla Jeeyar Swamy Vari Matam Rep. by its Executive Officer, Talluru, Gandepalli Mandal, Kakinada District ...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 of mandamus or any other appropriate writ order or directior\ jhat a) Declaring the action of the respondents taking steps to dispossess the petitioner from the land to an extent Ac. 2.10 cents in survey No. 187/2, situated at Marripaka village, Jaggampeta Mandal as illegal and in contravention of Rule 3 of AP Charitable and Hindu Religious Institutions and Endowment Lease of Agricultural Land Rules 2003. b) Declare the 5th respondent notice dated 10-06-2025 as illegal in contravention of the procedure contemplated under Rule 3, 4 and 5 of the AP Charitable and Hindu Religious Institutions and Endowment Lease of Agricultural Land Rules 2003 and also violation of principles of natural justice, c) Declare the action of the respondents taking steps to evict the petitioner in contravention of the procedure contemplated under Section 82, 83, 84 and 85 of AP Charitable and Hindu Religious Institutions and Endowment Act 1987. d) To directing the official respondents to conduct enquiry for declaring the petitioner landless poor person/small farmer and provide all the benefits under Rules 3,4,5 and 6 of the AP Charitable and Hindu Religious Institutions and Endowment Lease of Agricultural Land Rules 2003 including permit the petitioner to purchase the land under the cultivation of the petitioner in respect of Ac. 2.10 cents in survey No. 187/2, situated at Marripaka village, Jaggampeta Mandal, East Godavari District. as 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 official respondents not to dispossess the petitioner from the land under petitioner’s cultivation for an extent of Ac. 2.10 cents in survey No. 187/2, situated at Marripaka village, Jaggampeta Mandal, pending disposal of the enquiry under Section 82,83,84 r/w Rule 3,4,5 of AP Charitable and Hindu Religious Institutions Act and Rules. Counsel for the Petitioner: SRI R K ACHARYULU Counsel for the Respondent Nos. 1 to 4: GP FOR ENDOWMENTS Kakinada District, I 16 Counsel for the Respondent No. 5; SRI K KOTESWARA RAO SC FOR ENDOWMENTS APHC010552312025 ■iy-7 WRIT PETITION NO: 28740 OF 2025 Between: Kolamuri Suryanarayana, S/o Nagaraju, aged about 68 years, R/o D. No. 3-56, Gandhi Nagar, Burugupudi KirlampudiMandal, Kakinada District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Velagapudi, Endowment Department, A.P. Secretariat Buildings, Amaravati, Guntur District. 2. Commissioner of Endowments, State of Andhra Pradesh Gollapudi Vijayawada 3. Assistant Commissioner of Endowments, Kakinada 4. Deputy Commissioner of Endowment, Kakinada 5. Sri Venkateswara Swamy Vari Temple, Sri Parayasthu Ajhaghya Manavalla Jeeyar Swamy Vari Matam Rep. by its Executive Officer, Talluru, Gandepalli Mandal, Kakinada District ...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 of mandamus or any other appropriate writ order or direction that a) Declaring the action of the respondents taking steps to dispossess the petitioner from the land to an extent Ac. 2.00 cent in survey d No. 183/2, situated at Marripaka village, Jaggampeta Mandal as illegal and in contravention of Rule 3 of AP Charitable and Hindu Religious Institutions and Endowment Lease of Agricultural Land Rules 2003. b) Declare the 5th respondent notice dated 10-06-2025 as illegal in contravention of the procedure contemplated under Rule 3, 4 and 5 of the AP Charitable and Hindu Religious Institutions and Endowment Lease of Agricultural Land Rules 2003 and also violation of principles of natural justice, c) Declare the action of the respondents taking steps to evict the petitioner in contravention of the procedure contemplated under Section 82, 83, 84 and 85 of AP Charitable and Hindu Religious Institutions and Endowment Act 1987. d) To directing the official respondents to conduct enquiry for declaring the petitioner as landless poor person/small farmer and provide all the benefits under Rules 3,4,5 and 6 of the AP Charitable and Hindu Religious Institutions and Endowment Lease of Agricultural Land Rules 2003 including permit the petitioner to purchase the land under the cultivation of the petitioner in respect of Ac. 2.00 cents in survey No; 183/2, situated at Marripaka village, Jaggampeta Mandal, East Godavari District. 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 official respondents not to dispossess the petitioner from the land under petitioner’s cultivation for an extent of Ac. 2.00 cents in survey No. 183/2, situated at Marripaka village, Jaggampeta Mandal, Kakinada District, pending disposal of the enquiry under Section 82,83,84 r/w Rule 3,4,5 of AP Charitable and Hindu Religious Institutions Act and Rules. Counsel for the Petitioner: SRI R K ACHARYULU Counsel for the Respondent Nos. 1 to 4: GP FOR ENDOWMENTS Counsel for the Respondent No. 5: SRI K KOTESWARA RAO SC FOR ENDOWMENTS APHC010552302025 WRIT PETITION NO: 28744 OF 2025 Between: Kaparapu Rajulu, S/o Appa Rao, aged about 70 years, R/o D. No. 4- 49/A, Gandhi Nagar, Burugupudi village, Kirlampudi Mandal, Kakinada District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Endowment Department, A.P. Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. Commissioner of Endowments, State of Andhra Pradesh Gollapudi, Vijayawada 3. Assistant Commissioner of Endowments, Kakinada 4. Deputy Commissioner of Endowment, Kakinada 5. Sri Venkateswara Swamy Vari Temple, Sri Paravasthu Ajhaghya Manavalla Jeeyar Swamy Vari Matam Rep. by its Executive Officer, Talluru, Gandepalli Mandal, Kakinada District ...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 of mandamus or any other appropriate writ order or direction that a) Declaring the action of the respondents taking steps to dispossess the petitioner from the land to an extent Ac. 2.00 cents in survey No. 186/4, situated at Marripaka village, Jaggampeta Mandal as illegal and in contravention of Rule 3 of AP Charitable and Hindu Religious Institutions and Endowment Lease of Agricultural Land Rules 2003. b) Declare the 5th respondent notice dated 10-06-2025 as illegal in contravention of the procedure contemplated under Rule 3, 4 and 5 of the AP Charitable and Hindu Religious Institutions and Endowment Lease of Agricultural Land Rules 2003 and also violation of principles of natural justice, c) Declare the action of the respondents taking steps to evict the petitioner in contravention of the procedure contemplated under Section 82, 83, 84 and 85 of AP Charitable and Hindu Religious Institutions and Endowment Act 1987. d) To directing the official respondents to conduct enquiry for declaring the petitioner as landless poor person/small farmer and provide all the benefits under Rules 3,4,5 and 6 of the AP Charitable and Hindu Religious Institutions and Endowment Lease of Agricultural Land Rules 2003 including permit the petitioner to purchase the land under the cultivation of the petitioner in respect of Ac. 2.00 cents in survey No. 186/4, situated at Marripaka village, Jaggampeta Mandal, East Godavari District. 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 official respondents not to dispossess the petitioner from the land under petitioner’s cultivation for an extent of Ac. 2.00 cents in survey No. 186/4, situated at Marripaka village, Jaggampeta Mandal, Kakinada District, pending disposal of the enquiry under Section 82,83,84 r/w Rule 3,4,5 of AP Charitable and Hindu Religious Institutions Act and Rules and pass Counsel for the Petitioner: SRI R K ACHARYULU 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 Common order: APHC010552292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOS: 28686. 28740 & 28744 OF 2025 WRIT PETITION NO: 28686 OF 2025 Between: 1. KARRI VEERA VENKATA RAMANA,, S/0 JAGGAIAH, AGED ABOUT R/0 D. NO. 4-168, GANDHI NAGAR, BURUGUPUDI ...PETITIONER 60 YEARS, VILLAGE KIRLAMPUDl MANDAL, KAKINADA DISTRICT AND STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE ENDOWMENT DEPARTMENT, A.P. SECRETARIAT 1.THE SECRETARY BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2 COMMISSIONER OF ENDOWMENTS, STATE OF ANDHRA PRADESH GOLIAPUDI, VIJAYAWADA 3.ASSISTANT COMMISSIONER OF ENDOWMENTS, KAKINADA 4.DEPUTY COMMISSIONER OF ENDOWMENT, KAKINADA 5 SRI VENKATESWARA SWAMY VARI TEMPLE, SRI PARAVASTHU AJHAGHYA MANAVALLA JEEYAR SWAMY VARI MATAM REP. BY TALLURU, GANDEPALLI MANDAL, ITS EXECUTIVE OFFICER, KAKINADA DISTRICT ...RESPONDENT(S): WRIT PETITION NO: 28740 OF 2025 Between: 1.KOLAMURI SURYANARAYANA, S/0 NAGARAJU, ABOUT 68 R/O D. NO. 3-56, GANDHI NAGAR, BURUGUPUDI ...PETITIONER YEARS, KIRLAMPUDIMANDAL, KAKINADA DISTRICT 2 KM,J W.P.Nos.28686, 28740 & 28744 of 2025 AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, ENDOWMENT DEPARTMENT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.COMMISSIONER OF ENDOWMENTS PRADESH GOLLAPUDI, VIJAYAWADA 3.ASSISTANT COMMISSIONER OF ENDOWMENTS, KAKINADA 4. DEPUTY COMMISSIONER OF ENDOWMENT, KAKINADA 5.SRI VENKATESWARA SWAMY VARI TEMPLE, SRI PARAYASTHU AJHAGHYA MANAVALLA JEEYAR SWAMY VARI MATAM REP BY ITS EXECUTIVE OFFICER, KAKINADA DISTRICT A.P. SECRETARIAT STATE OF ANDHRA TALLURU, GANDEPALLI MANDAL, ...RESPONDENT(S): WRIT PETITION NO: 28744 OF 2025 Between: 1.KAPARAPU RAJULU, S/0 APPA RAO, AGED ABOUT 70 YEARS, R/0 D. NO. 4-49/A, GANDHI NAGAR, BURUGUPUDI VILLAGE KIRLAMPUDI MANDAL, KAKINADA DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, ENDOWMENT DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.COMMISSIONER OF ENDOWMENTS, PRADESH GOLLAPUDI, VIJAYAWADA 3.ASSISTANT COMMISSIONER OF ENDOWMENTS, KAKINADA 4. DEPUTY COMMISSIONER OF ENDOWMENT, KAKINADA 5.SRI VENKATESWARA SWAMY VARI TEMPLE, SRI T. .. AJHAGHYA MANAVALLA JEEYAR SWAMY VARI MATAM ITS EXECUTIVE OFFICER, KAKINADA DISTRICT STATE OF ANDHRA PARAVASTHU J REP. BY TALLURU, GANDEPALLI MANDAL ...RESPONDENT(S): Counsel for the Petltioner(s): Counsel for the Respondent(s): R K Acharyulu GP for Endowments \1 3 KM,J W.P.Nos.28686, 28740 & 28744 of 2025 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOS: 28686. 28740 & 28744 OF 2025 The Court made the following common order: Since the issue involved in all the above Writ Petitions is one and the it is deemed appropriate to dispose of the cases by way of a ‘Common same Order’. Heard Sri P.Girish Kumar, learned Senior Counsel appearing for Sri R.K.Acharyulu, learned counsel for the petitioner(s), learned Assistant Government Pleader for Endowments appearing for the respondent Nos.1 to 4 and Sri Kappera Koteswara Rao, learned Standing Counsel appearing for 2. respondent No.5. The grievance of the petitioner(s) is that seeking recognition as landless poor under the provisions of Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as ‘the Act’) the petitioner(s) have approached the respondent and the has not been considered. However, in terms of the orders passed by this Court in W.P.No.13921 of 2015 dated 08.01.2025, the respondents have issued any proceedings under Section 83 of the Act. The petitioner(s) have filed their objections, which are pending for consideration before the 5 respondent. 3. same now th It is contended that the petitioner(s) and his forefathers have been in continuous occupation of the subject lands as tenants since 1905. 4. KM,J W.P.Nos.28686, 28740 & 28744 of 2025 Having regard to the same, Sri P. Girish Kumar, learned Senior Counsel appearing for Sri R.K.Acharyulu, learned counsel for the petitioner(s) submits that before passing any orders under Section 83 of the Act, the petitioner(s) applications dated 30.04.2015 and 16.07.2025 are pending before the 3^^^ respondent seeking recognition as land less poor person as per the provisions of Section 82 of the Act and without considering the said application(s) in accordance with law, the respondents ought not to have issued impugned proceedings. 5. Sri Kappera Koteswara Rao, learned Standing Counsel appearing for respondent No.5 would contend that the said application under Section 82 has been filed after issuance of the impugned notice. 6. Having regard to the contentions advanced by the learned Senior Counsel and the learned standing counsel appearing for the 5‘^ respondent, this Court deems it appropriate to dispose of the writ petition with a direction to the 3"'^ respondent to consider and pass appropriate orders on the application dated 16.07.2025, filed by the petitioner(s) under Section 82 of the Act, within a period of two months from the date of receipt of a copy of this order. 7. 8. The respondents are further directed not to pass any final orders under Section 83 of the Act pending consideration of the application filed by the petitioner(s) under Section 82. The respondents are at liberty, if required, to pass appropriate order(s) pursuant to the impugned proceedings, only after J 5 KM,} W.P.Nos.28686, 28740 & 28744 of 2025 passing orders on the application(s) filed by the petitioner(s) under the provisions of Section 82 of the Act, in accordance with law. 9. Accordingly, the Writ Petitions are disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Endowment Department, A.P. Secretariat 1. The Principle Secretary Buildings, Velagapudi, Amaravati, Guntur District. 2. The Commissioner of Endowments, State of Andhra Pradesh Gollapudi, Vijayawada 3. The Assistant Commissioner of Endowments, Kakinada 4. The Deputy Commissioner'of Endowment, Kakinada 5. The Executive Officer,“ Sri Venkateswara Swamy Vari Temple, Sri Paravasthu Ajhaghya Manavalla Jeeyar Swamy Vari Matam Talluru, Gandepalli Mandal, Kakinada District 6. One CC to Sri. R K Acharyuiu Advocate [OPUC] 7. One CC to Sri. K Koteswara Rao SC for Endowments [OPUC] GP for Endowments High Court of Andhra Pradesh [OUT] 8. Two CCs to 9. Two CD Copies GSC HIGH COURT DATED:17/10/2025 COMMON ORDER WP NOS. 28686, 28740 AND 28744 OF 2025 4r 0 S NOV 2025 rrentSectiujx^^ rn (9' Co DISPOSING THE WPS WITHOUT COSTS