APHC010296292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOS: 14995 OF 2025 & 17337 OF 2024 WRIT PETITION NOS: 14995 OF 2025 Between: 1. BATHULA CHENNA REDDY, S/O NARISI REDDY, AGED ABOUT 85 YEARS, R/O 8/2E, EAST BAZAR, MARKAPURAM MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE COMMISSIONER, ENDOWMENT DEPARTMENT, VIJAYAWADA NTR DISTRICT. 3. THE ASSISTANT COMMISSIONER, ENDOWMENT DEPARTMENT, ONGOLE, PRAKASAM DISTRICT. 4. SRI LAKSHMI CHENNAKESAVA SWAMY VARIDEVASTANAM, REP BY ITS EXECUTIVE OFFICER, MARKAPUR TOWN AND MANDAL,PRAKASAM DISTRICT. ...RESPONDENT(S): 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 toPleased to issue any writ order or direction more particularly one in the nature Writ of Mandamus declaring the impugned order of the the 4th respondent in issuing the orders passed in Rc. No. -Nil-/2025, dated 09-06- 2025 during pendency of O.A No 23 of 2025 beforethe Honble Andhra Pradesh State Endowments Tribunal at Pedakakani,Guntur as illegal, arbitrary and without any jurisdiction and consequently set aside the said orders vide Rc. No.-Nil-/2025, dated 09-06-2025 and pass 2 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 pleased to suspend the orders passed by 4th respondent in Rc. No. -Nil/2025 dated:09-06-2025 pending the Writ Petition in this Hon'ble Court and pass IA NO: 2 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 Pleased to vacate the interim orders dated 01-07-2025 and dismiss the above writ and pass IA NO: 3 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 pleased to bring the proposed petitioners viz., 1) Bathula Chenchamma w/o Late Bathula Chenna Reddy, 2) Bathula Venkata Narasa reddy s/o Late Bathula Chenna Reddy, and 3) Bathula Venkata Reddy s/o Late Bathula Chenna Reddy, as legal representatives of Writ Petitioner No.l i.e. Bathula Chenna Reddy died on 2-8-2025in the above writ petition No. 14995/2025 in the interest of justice, and pass Counsel for the Petitioner: RAJA REDDY KONETI Counsel for the Respondent(S): GP FOR ENDOWMENTS DEVI SUBHASHINI ANNE SC For Endowments WRIT PETITION NO: 17337 OF 2024 Between: 1. POREDDY NAGIREDDY, S/O PEDDA KANAKA REDDY, AGED ABOUT 60 YEARS, D.NO. 10-91 BL, JAWAHAR NAGAR COLONY, MARKAPURAM,PRAKASAM DISTRICT,523316. ...PETITIONER AND 1. THE STATE OF A P, REP BY PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE COMMISIONER, ENDOWMENT DEPARTMENT ,VIJAYAWADA, NTR DISTRICT. 3 3. SRI LAKSHMI CHENNEKESAVA SWAMY VARI DEVASTHANAM, REP BY ITS EXECUTIVE OFFICER, MARKAPURAM VILLAGE AND MANDAL, PRAKASAM DISTRICT. 4. THE DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT. 5. THE SUB COLLECTOR, MARKAPUR, PRAKASAM DISTRICT. 6. THE TAHSILDAR, MARKAPUR PRAKASAM DISTRICT. ...RESPONDENT(S): 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 tomay be pleased to issue appropriate writ. order or direction one in the nature of Writ of Mandamus declaring the high handed action of 3rd respondent in issuing the orders under Sec.83(2) of Endowments Act 30/87 as Amended through amened Act 36 Of 2023 vide Rc.No.Lands-1/2024, dated 24.07.2024 stating that the petitioner has been in un-authorized occupation of temple land which is nothing but encroachment and further directing him to remove his encroachment within 15 days from the date of this order is being illegal, arbitrary, unconstitutional and against the principles of natural justice and consequently suspend the orders issued by 3rd respondent vide Rc.No.Lands-1/2024, dated 24.07.2024 and pass IA NO: 1 OF 2024 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 may be pleased to direct the 3rd respondent not to interfere with the peaceful possession of petitioner in S.N0.2O6/B of an extent Ac.3.25 cents pending disposal of the above writ petition and pass IA NO: 2 OF 2024 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 May be pleased to vacate the Interim orders passed in I.A. No. 1 of 2024 the W.P.No.17337 of 2024 dated 8-08-2024 and pass Counsel for the Petitioner: RAJA REDDY KONETI Counsel for the Respondent(S): GP FOR REVENUE MEKAPOTHULA SRINIVASA RAO SC FOR ENDOWMENTS GP FOR ENDOWMENTS 4 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOS: 14995 OF 2025 & 17337 OF 2024 The Court made the following common order: Since the issues involved in the Writ Petitions are common, it is deemed appropriate to dispose of the cases by way of a ‘Common Order’. 2. 2. Heard Sri Raja Reddy Koneti, learned counsel for the petitioner(s), learned Assistant Government Pleader for Endowments, learned Standing Counsel for Endowments and learned Assistant Government Pleader for Revenue appearing for the respondents. 3. These Writ Petitions are filed challenging the orders of the 4th respondent passed under Section 83(2) of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (in short herein after referred as ‘the Act’). 4. It is contended that the subject lands are Inam lands. Thus, nder the provisions of Section 77 of the Act, in case of Inam lands, it is the RDO, who has to conduct enquiry and pass orders for eviction of the unauthorized occupants, and resume the land. Thus, it is contended that in the light of the said provisions, the notice issued under Section 83 of the Act is not sustainable. 5. The learned counsel for the petitioner would submit that the issue involved in these cases are covered by the order passed by this Court in W.P.Nos.15005 & 15006 of 2025, dated 21.08.2025, thus prays for passing of 5 the same order in the present case(s). The learned Standing Counsel appearing for the respondents-temple does not dispute the same. 6. Accordingly, these Writ Petitions are disposed of, in terms of the orders passed by this Court in W.P.Nos.15005 & 15006 of 2025, dated 21.08.2025. There shall be no order as to costs. 7. Registry is directed to append a copy of the order in W.P.Nos.15005 & 15006 of 2025, dated 21.08.2025 to this order. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE KIRANMAYEE MANDAVA Date: 18.09.2025 BSK 6 55 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOS: 14995 OF 2025 & 17337 OF 2024 Date: 18.09.2025 BSK