if *7 IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) THURSDAY JHE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22552 OF 2024 Between: Smt. G. Demudamma,, W/o. Appalakonda Aged about 52 years, R/o. D.No. 12-155, Lakshmi Nagar, Gopalpatnam, Visakhapatnam ...PETITIONER AND 1. The State Of Andhra Pradesh, rep. by its Principal Secretary Endowments Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. Sri Varaha Lakshminarasimha Swamy Vari Devasthanam Simhachalam,, Visakhapatnam 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent - Devasthanam in making constructions adjacent to the new ghat road through the Petitioner's Plot No. 51 within an extent of 240 Sq.yds falling in Sy.No. 53 / B and 54 / C situated at Adivivaram Village, Visakhapatnam District without any notice and without following the procedure as contemplated under Law as illegal, arbitrary and in violation of Article 300 - A of the Constitution of India and consequently direct the 2nd respondent - Devasthanam to stop the constructions in the Petitioner's plot no. 51 which is adjacent to the new ghat road, within an extent of 240 Sq.yds in Sy.No 53 / B and 54 / C situated at Adivivaram Village, Visakhapatnam District. Counsel for the Petitioner(s): SRI. MSVS SUDHA RANI Counsel for the Respondent No.1: GP FOR ENDOWMENTS Counsel for the Respondent No.2: SRI CH SRINIVAS The Court made the following: ORDER 1 APHC010441782024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i [3458] THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22552/2024 Between: ...PETITIONER Smt. G. Demudamma, AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.MSVSSUDHA RANI Counsel for the Respondent{S): 1.CHINTAPALLI SRINIVAS 2.GP FOR ENDOWMENTS The Court made the following: ORDER: Heard Ms. M.S.V.S. Sudha Rani, learned counsel for the petitioner and learned Assistant Government Pleader for Endowments appearing for the respondents, Sri Chinthapalli Srinivas the learned standing counsel for respondent No.2 Challenging the action of the 2nd respondent - Devasthanam in making constructions over the petitioner’s plot bearing Plot No.51, in an extent 2. 2 (S of 240 Sq. Yds in Sy. No.53/B and 54/C located at Adivivaram Village, Visakhapatnam District, the instant Writ Petition is filed. 3. It is contended that the petitioner has purchased the subject property from her vendor through a registered sale deed dated 17-02-1989. Her vendor had, in turn, purchased the same in a public auction conducted on 19-02- 1943. It is contended that earlier, the Devasthanam proposed to lay a road through the land belonging to the petitioner. The said attempt made by the Temple was challenged by the petitioner along with others. The said writ petition was disposed of, directing the respondent to follow the due process of law while laying the Road. The Road was, however, laid out since the petitioner could not identify her plot on the day scheduled for conducting the survey. Later, she realized that her land was not affected by the laying of the Road. Thereafter, she found that the temple authorities were making constructions on the land belonging to her, and thus sought the indulgence of this court. The learned counsel for the petitioner argues that the petitioner is the 4. absolute owner of the subject property, having purchased it for valid consideration from the vendor who had purchased it in a public auction conducted by the District Munsiff, Visakhapatnam in 1942. Therefore, the petitioner cannot be evicted from her land illegally. Having regard to the contentions advanced this court is of the view that if the respondents are of view that the possession of the petitioner is unauthorized, 3 they must follow due procedure under law and are at liberty to take steps for eviction of the petitioner, in accordance with law . The Writ Petition is accordingly disposed of, directing the 2nd 5. respondent - Devasthanam, if the petitioner’s possession of the subject land is unauthorised, to issue appropriate notice to the petitioner under the provisions of Andhra Pradesh Charitable and Hindu Religious Institutions and and pass appropriate orders after giving due Endowments Act, 1987, opportunity to the petitioner. Till such time, the respondents are directed not to interfere with possession of the petitioner. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary Endowments Department, Secretariat Buildings Velagapudi, Amaravathi. 2. The Executive Officer Sri Varaha Lakshminarasimha Swamy Vari Devasthanam Simhachalam,, Visakhapatnam District. 3. One CO to Sri. MSVS Sudha Rani Advocate [OPUC] 4. Two CCs to GP For Endowments ,High Court Of Andhra Pradesh. [OUT] 5. One CC to Sri Ch Srinivas, Advocate[OPUO. 6. Two CD Copies AL ii HIGH COURT DATED:01/05/2025 ORDER WP.No.22552 of 2024 S’ 27 MAY 2025 | ^ . Current Section . ^j£^spatch^^ DISPOSING OF THE W.P. WITHOUT COSTS