APHC010541692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY,THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 27950/2025 Between: 1. INAKOLLU BRAHMA REDDY, , S/O. INKOLLU VENKATA SUBBA RAO AGED ABOUT 62 YEARS, RESIDING AT RENAMALA VILLAGE, KONDAPURAM MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH- 524 239. 2. INAKOLLU VEERA NARAYANA,, S/O. INAKOLLU BRAHMA REDDY, AGED ABOUT 62 YEARS. RESIDING AT RENAMALA VILLAGE, KONDAPURAM MANDAL, SPSR NELLORE DISTRICT-524 239. ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY ENDOWMENTS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER, DEPARTMENT OF ENDOWMENTS, GOVERNMENT OF ANDHRA PRADESH GOLLAPUDI, VIJAYAWADA. 3. THE ASSISTANT COMMISSIONER OF ENDOWMENTS, NELLORE, SPSR NELLORE DISTRICT. 4. SRI RAMALINGESWARA SWAMY TEMPLE, REP BY ITS EXECUTIVE OFFICER, RENUMALA VILLAGE, KONDAPURAM MANDAL, SPSR NELLORE DISTRICT. 5. THE TAHSILDAR, KONDAPURAM MANDAL, SPSR NELLORE 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 2 pleased topleased to issue a writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of 4th and 5th respondent trying to disposes the petitioner in schedule patta land in Sy. No.799 an extent of AC 1.93 cents along with bore well in Sekunampet revenue village, Kondapur Mandal, SPSR Nellore district, without following due process of law as arbitrary, ultra vires, unjust, against principles of natural Justice and unconstitutional as arbitrary, ultra vires, unjust, against principles of natural Justice and unconstitutional, and pass 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 direct the 4 and 5 Respondent not to disposes the petitioner in schedule patta land in Sy. No.799 an extent of AC 1.93 cents along with bore well in Sekunampet revenue village, Kondapur Mandal, SPSR Nellore district, pending disposal of the writ petition and pass Counsel for the Petitioner(S): 1. G N UMA RANI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR ENDOWMENTS The court made the following ORDER:- The instant writ petition is filed under Article 226 of the Constitution of India seeking the following main prayer:- “……declaring the action of 4th and 5th respondent trying to disposes the petitioner in schedule patta land in Sy. No.799 an extent of AC 1.93 cents along with bore well in Sekunampet revenue village, Kondapur Mandal, SPSR Nellore district, without following due process of law as arbitrary, ultra vires, unjust, against principles of natural justice and unconstitutional as arbitrary, ultra vires, unjust, against principles of natural Justice and unconstitutional, and pass…….” 2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Endowments and learned counsel appearing for the 4th respondent 3 Temple. With the consent of respective counsel, the matter is being disposed of at the stage of admission. 3. Learned counsel for the petitioners while reiterating the averments made in the affidavit filed in support of the writ petition, submits that the petitioners are the owners and possessors of the land admeasuring an extent of Ac.1.93 cents situated in Sy.No.799 at Nekunampet Revenue Village, Kondapur Mandal, SPSR Nellore District. He submits that the petitioners acquired the lands through unregistered settlement deed dated 25.02.2002 and registered sale deed dated 01.09.2023 and the revenue authorities had also issued pattadar passbooks (Ex.P.1), Form 1-B (Ex.P.2), Adangal Pahani (Ex.P.3), etc in their favour and ever since their possession, the petitioners are regularly paying electricity bills. He submits that while that being the position, the respondent authorities are trying to dispossess the petitioner from the subject lands in a high-handed manner. The learned counsel submits that the petitioner having left with no other remedy, approached this Court by way of this writ petition seeking appropriate directions. 4. On the other hand, the learned Standing Counsel for the 4th respondent Temple and learned Assistant Government Pleader for Endowments submit that consequent to the survey conducted by the 5th respondent Tahsildar, Kondapur Mandal on 06.10.20125, the petitioners have instituted the present writ petition on a mere apprehension, without any legal basis. He fairly submits that if at all the 4th respondent Temple intends to take any action against the petitioners, 4 they would follow the due process of Law, including the principles of natural justice. 5. In view of the submissions made by the learned counsel for the 4th respondent Temple as well as the learned Assistant Government Pleader, this Court without going into the merits of the case, deems it appropriate to dispose of the writ petition, providing that, no coercive action shall be taken against the petitioners in respect of the subject property, without following due process of law. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 13.10.2025 Note: Issue C.C in 2 days B/o. GVK 5 35 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.27950 of 2025 Date: 13.10.2025 GVK