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2025 DAILYLAW 55425 (AP)

KUNA POTHU RAJU v. The State of Andhra Pradesh,

WP/2432/2025 · 2025-04-30

Kiranmayee Mandava

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE WRIT PETITION NO: 2432 OF ?n7.*; AMARAVATI^, MANDAV^ Between: Kuna Pothu Raju, S/o. Kuna Ramakrishna Rao Agriculture, R/o.H.No.l- 20/4, Main Road District. Aged about 54 years, Occ; Kakarlamudi, Unguturu Eluru ...PETITIONER- AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Endowments) Department, A.P. Secretariat Building Amaravathi, Guntur District -522503. 2. The Commissioner, Endowments Department Restaurant, Gollapudi, Vijayawada, NTR District 3. The District Endowments Officer, Eluru District, Eluru. 4. The District Collector, Eluru District, Eluru. 5. Sri Mahankali and Mahankali Ammavari KakarlamudiVillaged, Unguturu Mandal, Executive Officer. 6. The inspector. Endowments Department Eluru District. Revenue Velgapudi Opp.S. Grand -521225. Devasthanam,' Eluru District. Rep. by its Tadepalligudem Division ...RESPONDENTS ^ Petition under Article 226 of the Constitution the circumstances stated i of India praying that in in the affidavit filed therewith, the High Court be pleased to issue a Writ Order or Direction may more particularly one in the to declare the impugned action valid leasehold tenancy rights i nature of WRTT OF MANDAMUS Respondents in interfering with Petitioners of in respect to land in Sy No 462 Respondent temple situated an extent of Ac 5.92 cents belongs to the at Kakarlamudi village. Unguturu Mandal, impugned Endorsement in Application 1.2025 thereby informing to conduct fresh Eluru district and the 6*' Respondent i NoELR2024122310379 dated 22. auction to above said land while existence of present lease period of three(3) years i.e 2024- 2025 to 2026-2027 which iIS highly illegal, arbitrary of Natural Justice and 14,21 of Constitution of India and exercise of power and violative of Principles violative of Article 300-A and Articles also contrary to the Auction proceedings of 5th Respondent vide dated in pursuance of the public auction notification dated 14-05-2024 i 01-05-2024 and consequently to set aside the aforementioned impugned proceedings and direct the Respondents lawful valid leasehold tenancy rights operations till completion of the lease not to interfere with Petitioners of above said land and agriculture period up to 2026-02027. lA NO: 1 OF 907^ ' Petition under Section 151 CPC stated in the affidavit filed i pleased to praying that in the circumstances in support of the petition, the High Court may be M p, Endorsement in Application OELR2024122310379 dated 22.1.2025 of 6'^ respondent and direct the respondents direct the Respondents not to interfere with Petitioner's lawful valid leasehold tenancy rights of land in Sy No. 462 an extent of Ac 5.92 cents belongs to 5‘^ Respondent temple Unguturu Mandal, Eluru district and situated at Kakarlamudi village, agriculture operations till completion of the lease period up to 2026-02027 14.5.2024 of 5*^ Respondent. Counsel for the Petitioner: SRI S. per the Auction proceedings dated as SRINIVASA RAO - Counsel for the Respondent Nos. 1 to 4 & 6: GP FOR ENDOWMENTS Counsel for the Respondent No.5: SMT. PULIPATI RADHIKA, SC FOR ENDOWMENTS The Court made the following: ORDER IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 2432/2025 [3458] THE Between: ...PETITIONER KUNA POTHU RAJU AND ...RESPONDE^fT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.S. SRINIVASA RAO Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS The Court made the following: ORDER: learned counsel for the petitioner, Sri G. Heard Sri S. Srinivasa Rao Naga Bhushanam. learned Assistant Government Pleader for Endowments learned Standing Counsel for the respondent and Smt. Pulipati Radhika No.5. The Writ Petition is disposed of directing the respondent Nos.5 & 6 not to disturb the possession of petitioner with respect to the subject 2. 1 lease hold land. However, the petitioner shall continue to remit the lease rentals payable by him, as specified, while granting lease hold rights in respect of the subject land, which is Rs.2,16,000/-. 3. According to the learned counsel for the petitioner there are no arrears to be payable to the Temple. The respondent Nos.5 & 6 shall indicate the arrears, if any, due from the petitioner and the accordingly remit the dues. petitioner shall If the petitioner defaults in payment of the lease rentals, the Temple is at liberty to go for fresh auction. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/. M RAJVIESH BABU deputy registrar //TRUE COPY// To, SECTION OFFICER 1. Principal Secretary, Revenue (Endowments) Department, State ndhra Pradesh, A,P. Secretariat Building, Velgapudi, Amaravathr- Guntur District -522503. 2. The Commissioner, Endowments of Department, Opp.S. Grand Restaurant, Gollapudi, Vijayawada, NTR District - 52122^. 3. The District Endowments Officer, Eluru District Eluru 4. The District Collector, Eluru District, Eluru. 5. The Executive Officer, Sri Mahankali and Mahankali Ammavari Devasthanam, KakarlamudiVillaged, Unguturu Mandal, Eluru District . he Inspector, Endowments Department, Tadepalligudem Division Eluru District. One CC to Sri S. Srinivasa Rao, Advocate [OPUC] 8. One CC to Smt. Pulipati Radhika, SC for 9. Two CCs to GP for Endowments, 10. Three CD Copies. Endowments[OPUC] High Court of Andhra Pradesh. [OUT] ssb HIGH COURT DATED:01/05/2025 ORDER WP.No.2432 of 2025 disposing of the w.p. without costs