Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI, (Special Original Jurisdiction) THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 11316 OF 2025 Between: Silpa Sevasamathi, (Regd. No. 126/2003) T.T.D Road, Srinivasa Nagar, Nandyal, Nandyal District rep., by its Manager N.Sahadevudu, S/o. Seshaiah, Aged about 55 years. ...Petitioner AND
1. The State of Andhra Pradesh, rep., by its Principal Secretary Endowment Department Amaravathi, Guntur District. Secretariat Buildings, Velagapudi
2. The Commissioner of Endowments, Nandyal District.
3. The Deputy Commissioner of Endowments, Nandyal District.
4. Sri Pradama Nandeeshwara Swamy Devasthanam, Moolasagaram, Nandyal Town and Nandyal 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 therewith, the High Court may
»■- be pleased to issue an appropriate Writ,
Order or direction more particularly one in the nature of Writ of Mandamus declaring the notices dated 04.04.2025 and 19.04.2025 issued by the respondent No.4 calling upon the petitioner to handover Y.S.R vacant possession of KURNOOL. Kalyana Mandapam constructed in an extent of Ac.0.60 cents in Sy.No.453 of Moolasagaram, Nandyala, Kurnool District as arbitrary, illegal, colourable exercise of power and contrary to provisions of the Act A.P.Charitable and Hindu Religious Institutions and Endowments Act, 1987 and also the well-established the legal principles apart form being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19, and 21 of Constitutions of India and consequential setaside the same.
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 suspend the Notices, dated 04.04.2025 and 19.04.2025 issued by the respondent No.4, pending disposal of the above writ petition. Counsel for the Petitioner: SRI V R REDDY KOVVURI Counsel for the Respondent Nos.1 to 3; GP FOR ENDOWMENTS Counsel for the Respondent No.4: SRI T. VEND GOPAL, SC FOR ENDOWMENTS The Court made the following:
APHC010218852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 11316/2025 Between: Silpa Sevasamathi ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.VR REDDY KOWURI Counsel for the Respondent(S):
1.GP FOR ENDOWMENTS The Court made the following:
ORDER:- Heard Sri V.R.ReddyKovvuri, learned counsel for the petitioner and learned GovernmentPleader for Endowments. Challenging the notices issued by the 4th respondent dated 04.04.2025 and 19.04.2025 under Section 83(2) of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, the present writ petition is filed. The 4th respondent issued the impugned notice, requiring the petitioner to hand over the vacant peaceful physical possession
2.
ir- 2 of the subject Kalayana Mandapam, within petitioner would be evicted from the premises.
3.
Learned counsel for the petitioner submits that the constructed Kalyana Mandapam to cater to the seven days, failing which the petitioner has poor people. The charges collected for the usage of the Kalayana mandapam are also nominal. It is argued that the Kalyana Mandapam was built for the sake of the general public and not for commercial use or with a profit motive.
4. It is contended that the land which the Kalayanamandapam is constructed was under encroachment. On a request made by the then trust board, to Sri Silpa Mohan Reddy, Former MLA, to take action against the encroachers, he took aii necessary measures to ensure the iand was vacated on and, subsequently in
order to protect the land from encorachments, constructed a Kalayanamandapam using his own funds in 2008. Since then, it has been used by the Nandyala local community on payment of usage fees only being spent on the maintenance of the building and the premises, without any commercial intent.
5. However, the respondent authorities have been behind the in taking over possession of the proceedings are issued. petitioner premises since 2019. Thus, the impugned
6. Having regard to the contentions advanced, since the impugned proceedings dated 4-4-2025 are only calling for explanation of the petitioner and the proceedings dated 19-4-2025 are consequential to the proceedings
• / 3 dated 4-04-2025. Treating both the notices as show cause notices, the petitioner is granted liberty to file its explanation to the notices. The petitioner shall submit his explanation within a period of two (2) weeks from receipt of the order. On filing of such an explanation, the respondents are directed to pass orders within two (2) months thereafter by affording sufficient opportunity to the petitioner. In the interregnum, the 4*'^ respondent is at liberty to collect the lease rentals of the subject building. With the above observations, the writ petition is
disposed
7.
8. ^9. * - ^ of.There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed.
Sd/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// S N OFFICER To,
1. The Principal Secretary, State of Andhra Pradesh, Endowment Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
2. The Commissioner of Endowments, Nandyal District.
3. The Deputy Commissioner of Endowments, Nandyal District.
4. The Executive Officer, Sri Pradama Nandeeshwara Swamy Devasthanam, Moolasagaram, Nandyal Town and Nandyal District.
5. One CC to Sri V R Reddy Kovvuri, Advocate [OPUC]
6. One CC to Sri T. Venu Gopal, Standing Counsel for Endowments [OPUC]
7. Two CCs to GP for Endowments, High Court Of Andhra Pradesh. [OUT]
8. Three CD Copies sree
HIGH COURT DATED:01/05/2025
ORDER WP.No.11316 of 2025 DISPOSING OF THE W.P.
WITHOUT COSTS