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2025 DAILYLAW 49056 (AP)

PATTAMSETTY SRINU v. The State of Andhra Pradesh

WP/23761/2025 · 2025-09-11

Kiranmayee Mandava

body2025

Judgment text

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APHC010453142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) # 0? -0 M ya FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23761 OF 2025 %P/ Between; Pattamsetty Srinu, S/o Venkatappaiah, aged 55 years, R/o H. No. 26-25-11, Jendachettu Bazar, Nagarampalem, Guntur, Andhra Pradesh ...Petitioner AND 1. The State of Andhra Pradesh,, rep. by Principal Secretary, Endowments Department,Secretariat Buildings, Velagapudi, Amaravathi, Guntur District 2. The Assistant Commissioner, Endowments Department Division, Guntur, Andhra Pradesh Guntur ...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 Mandamus, declaring the action of the 2nd respondent in not considering my representation dated 16-06-2025 as illegal, arbitrary and violation of Principles of Natural Justice besides violation of Article 14 of The Constitution of India and consequently direct the 2 nd respondent to consider my representation dt. 16-06-2025 and take appropriate action on the same in accordance with law. lA NO: 1 OF 2025 / , Petition under Section 151 CPC praying that in the circumstances stated affidpit filed in support of the petition, the High Court may be pleased to direct the 2"^^ respondent to consider petitioners representation dt. 16-06-2025 and take appropriate action on the same in accordance with law pending disposal of the above writ petition. Counsel for the Petitioner: SRI ALAPATI LALITH NIKHIL Counsel for the Respondents no.1, 2: GP FOR ENDOWMENTS The Court made the following order: APHC010453142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] f FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23761 OF 2025 Between: 1.PATTAMSETTY SRINU, S/0 VENKATAPPAIAH, AGED 55 YEARS R/0 H. NO. 26-25-11, JENDACHETTU BAZAR, NAGARAMPALEM, GUNTUR, ANDHRA PRADESH ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2.THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, GUNTUR DIVISION,GUNTUR, ANDHRA PRADESH ...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 pleased to issue a writ, order or direction more particularly one in the nature of Mandamus, declaring the action of the 2nd respondent in not considering my representation dated 16-06-2025 as illegal, arbitrary and violation of Principles of Natural Justice besides violation of Article 14 of The Constitution of India and consequently direct the 2nd respondent to consider my representation dt. 16-06-2025 and take appropriate action on the same in accordance with law and to pass 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 pleased to direct the 2nd respondent to consider my representation dt. 16-06- 2025 and take appropriate action on the same in accordance with law pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.ALAPATI LALITH NIKHIL Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23761 OF 2025 The Court made the following order: Heard Sri Alapati Lalith Nikhil, learned counsel for the petitioner and learned Assistant Government Pleader for Endowments appearing for the respondents. 2. The petitioner's grievance is that they made a representation dated 16.06.2025 to the 2"'^ respondent regarding illegal encroachments over the land belonging to the Endowment Department, which is being used as a passage by the general public; however, no action has been taken. 3. It is contended that the petitioner is owner and possessor of the house property bearing H.No.26-25-11 in Ward No.17, Block No.15, Town Survey No.420, situated at Jendachettu Bazar, Nagarampalem, Guntur. The west side of the petitioner’s land belongs to the Sri Lakshmi Narasimha Swamy Temple. It is stated that the illegal encroachments have been detailed in the representation. It is contended that the encroachers have not only occupied the land but have also caused obstruction to the passage. As an adjacent owner of the property he would be directly affected by the said unauthorised encroachments. The petitioner also made a representation to the Municipal Corporation, Guntur, but no action could be taken by them as the said land is owned by the temple and is under the control of Endowments Department. Thus, the petitioner requests that a direction be issued to remove illegal encroachments in the said area. Today, when the matter has been taken up for consideration, the learned Assistant Government Pleader for Endowments, on oral instructions, submits that there are as many as 121 persons who are illegally occupying the said area. In the said regard, action has been taken up by the Endowments Department for their eviction. The temple has approached the Endowment Tribunal. The temple authorities have also initiated eviction proceedings against the persons who are in illegal occupation. He further submitted that that appropriate orders would be passed on the representation of the petitioner dated 16.06.2025. 4. 5. Having regard to the same, the Writ Petition is disposed of by directing the 2"'^ respondent to pass appropriate orders on the representation dated 16.06.2025 of the petitioner, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR v //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Endowments Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District 2. The Assistant Commissioner, Endowments Department, Division, Guntur, Andhra Pradesh 3. One CC to SRI ALAPATI LALITH NIKHIL Advocate [OPUC] 4. Two CCs to GP FOR ENDOWMENTS High Court of Andhra Pradesh [OUT] 5. Two CD Copies Guntur gsg HIGH COURT DATED: 12/09/2025 ORDER WP NO. 23761 OF 2025 S 1 7 OCT 288 C9 DISPOSING THE WP WITHOUT COSTS