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2025 DAILYLAW 50981 (AP)

TENALI SURESH v. THE STATE OF AP

WP/26814/2025 · 2025-10-05

Kiranmayee Mandava, T C D Sekhar

body2025

Judgment text

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APHC010513462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 26814/2025 Between: 1. TENALI SURESH, AS ...PETITIONER AND 1. THE STATE OF AP, AS ...RESPONDENT 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 IA 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 Counsel for the Petitioner: 1. V ROOPESH KUMAR REDDY Counsel for the Respondent: 1. The Court made the following: ORDER: Heard Sri V.Roopesh Kumar Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Endowments appearing for the respondent Nos.1, 3 and 6, learned Assistant Government Pleader for 2 Revenue appearing for the respondent Nos.2, 4 and 5 and Ms. Anne Devi Subhashini, learned Standing Counsel appearing for the respondent No.8 2. The grievance of the petitioner is that the impugned proceedings have been passed under Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, “the Act”), without issuing any notice as contemplated under Section 83 of the Act. 3. A perusal of the impugned proceedings would in fact reflect that the notice was issued to the petitioner, however, the same was returned unserved with endorsement that the door was locked. 4. Considered the submissions. 5. The notice, even according to the respondents, was not served, on the petitioner. Thus, the order impugned was passed without affording an opportunity to the petitioner. Without going into the merits of the case, having regard to the above, this Court deems it appropriate to dispose of the writ petition directing the 7th respondent to issue notice under Section 83 (2) of the Act, to the petitioner afresh and pass appropriate orders. 6. The impugned order is set aside insofar as it relates to the petitioner, and the matter is remanded to the 5th respondent for passing appropriate orders after issuing notice to the petitioner in terms of Section 83 of the Act. 7. With the above directions, the writ petition is disposed of. There shall be no order as to costs. 3 As a sequel, interlocutory applications, pending if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:06.10.2025 ANI 4 63 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.26814 of 2025 Date:06.10.2025 ANI