Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 55940 (AP)

S Raghuram Prasad, v. The State of Andhra Pradesh,

WP/11327/2025 · 2025-04-30

Kiranmayee Mandava

body2025

Judgment text

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: 11327 OF 2025 Between: S Raghuram Prasad, S/o.Late. Narasimharao, aged about 60 years, R/o. Avanigadda Village, Nagayalanka Mandal, Krishna District. ...PETITIONER AND 1. The State of Andhra Pradesh, Through the Principal Secretary, Department of Endowments, Secretariat, Velagapudi, Amaravathi Guntur District. 2. The Commissioner of Endowments, Mangalagiri, Guntur District. 3. The Assistant Commissioner Endowments, Government of Andhra Pradesh, Machilipatnam, Krishna District. 4. The Endowments Inspector, Endowment Department, Assistant Commissioner Officer, Machilipatnam, Krishna District. 5. Sri Narendra Swamy vari Devasthanam, Nangegadda Village, Nagayalanka Mandal, Krishna District, Rep. by It's Founder Family Member. % ...RESPONDENTS Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ, Order of direction particularly one in the nature of Writ of MANDAMUS declaring the action of the respondent, under notice dt 11-04-2025, in respect of land of an extent of Ac.5-18 cents in RS.No.456 and an extent of Ac. 1-07 cents in RS No.324/3 328/4 of Nangegadda Village, Nagayalanka Mandal, Krishna District belongs to the 5th Respondent Temple before expiry of the agriculture lease period of the Petitioner under proceedings of the Deputy Commissioner of Endowment Department, Kakinada, dt 30-07-2022 as arbitrary, illegal and capricious and consequently set aside the auction notice dt;11-04-2025 in respect of lands at SL.No.8 and 9 of the Notice dt: 11-04-2025. praying that in may more 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 grant stay of auction of the land of an extent of Ac.5-18 cents in RS.No.456 and an extent of Ac.1-07 cents in RS.No.324-3, 328-4 of Nangegadda Village, Nagayalanka Mandal, Krishna District to be held 02-05-2025, pending disposal of the above writ petition. Counsel for the Petitioner: SRI. SAI GANGADHAR CHAMARTY on Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following Order: r h APHC010229692025 if IM 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: 11327 of 2025 Between: S Raghuram Prasad ...Petitioner AND The State of Andhra Pradesh and others Counsel for the Petitioner; Counsel for the Respondents: The Court made the following order: Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioner and learned Assistant Government Pleader for Endowments appearing for the ...Respondents Sai Gangadhar Chamarty GP for Endowments respondents. 2 Challenging the public auction notice dated 11.04.2025 for auction of lease hold rights in respect of land of an extent of Ac.5.18 cents in R.S.No.456 and an extent of Ac.1.07 cents in R.S.No.324/3, 328/4 of Nangegadda Village, Nagayalanka Mandal, Krishna District, which belongs to the respondent Temple, even before expiry of the agriculture lease period of the petitioner of the Deputy Commissioner of Endowment Department, under proceedings Kakinada dated 30,07.2022, the present writ petition is filed. The grievance of the petitioner is that he has been granted a lease for^ the subject land for the period from 2022-2023 proceedings of the Deputy Commissioner of the Endowment Department Kakinada, dated 30.07.2022. 3. to 2024-2025, vide 4. It is contended by the petitioner that, during the validity of the said lease, the impugned proceedings have been issued and the successful auction bidder has been put in possession of the land even before the expiry of the petitioner’s lease. The petitioner further submits that this action will cause difficulty in harvesting the standing crop lying on the subject land. Learned counsel appearing for the respondent submits that the auction notice for the lease period from 2025-2026 to 2027-2028 (Fasli 1435 to 1437), has been issued. 5. 6. In light of this submission that the new lease would commence with effect from 01.07.2025, the petitioner is at liberty to harvest the existing crop before the new lease that commences with effect from 01.07.2025. The proposed license/lease is with effect from 01.07.2025 and the petitioner cannot have any valid grievance against the public auction notice, since his lease expires by 01.07.2025. 7. in view of the above, the Writ Petition is disposed of, with a direction that the 4“" respondent shall not cause any hindrance to the petitioner in harvesting the existing standing crop. There shall be no order as to costs. -> As a sequel, all pending miscellaneous applications shall stand closed. REGISTRAR //TRUE COP' Sd/- M. SRINIVAS ASSISTANT REGISTRAR sectSn^fficer 1. The Principal Secretary, Department of Endowments, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Endowments, Mangalagiri, Guntur District. 3. The Assistant Commissioner Endowments, Government of Andhra Pradesh, Machilipatnam, Krishna District. 4. The Endowments Inspector, Endowment Department, Assistant Commissioner Officer, Machilipatnam, Krishna District. 5. Sri Narendra Swamy vari Devasthanam, Nangegadda Village, Nagayalanka Mandal, Krishna District, Rep. by It's Founder Family Member. To, 6. One CCto SRI. SAI GANGADHAR CHAMARTY Advocate [OPUC] 7. TwoCCsto GP for ENDOWMENTS ,High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies vna HIGH COURT DATED;01/05/2025 ORDER WP.No.11327 of 2025 0(2 3 OCT 2025 ■^\Currer.i ieclion^''-^- DISPOSING OF THE WRIT PETITION WITHOUT COSTS