APHC010049722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2871/2025 Between: Rangani Padmavathi ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR ENDOWMENTS The Court made the following Common Order: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “….. to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent in making efforts to dispossess the petitioner from her site for an extent of 2.66 cents out of 4.00 cents in Survey NO.605/A2 of Somarajupalli Village in 2 Singarayakonda Gramapanchayath and Mandal of Prakasam District, as illegal, irregular, irrational, without any authority of law, contrary to the provisions of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and rules framed thereunder and offends Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from her site for an extent of 2.66 cents out of 4.00 cents in Survey No.605/A2 of Somarajupalli Village in Singarayakonda Gramapanchayath and Mandal of Prakasam District without following due process of law and remove the board erected by the 4th respondent…….” 2. Heard Mr.Naga Praveen Vankayalapati, learned counsel for the petitioner and Mr.Naguru Nagaraju, learned Government Pleader for Endowments, for respondent Nos.1 to 4. 3. On hearing, learned counsel for the petitioner submits that the petitioner is the absolute owner of site over an extent of 2.66 cents out of 4.00 cents in Survey No.605/A2 of Somarajupalli Village in Singarayakonda Gramapanchayat and Mandal of Prakasam district (for short “subject land”). The petitioner purchased the said land under agreement of sale with possession dated 27.12.2024. He further submits that the said survey number 605 is classified as temple service Inam. Therefore, it is an Inam land, but private patta land. He further submits that when the petitioner intends to raise a construction for the shops in the said site, some of the neighbours created a problem for the way through the petitioner’s land, due to which the petitioner gave a complaint against them and the same was registered as Crime No.2 of 2025 for the offence punishable under Section 323(3) read with 3(5) of BNSS 3 Act. Pending such criminal proceedings, the 5th respondent issued proceedings vide M.C.No.1/2025, dated 21.01.2025. The petitioner has given a legal notice dated 22.01.2025 to the respondents with a request to vacate the order passed as under Section 164 of BNSS Act. He further submits that, while things stood thus, the 4th respondent erected a board in petitioner’s land by saying that the subject land belongs to Endowment Department. Immediately, the petitioner issued a legal notice dated 22.01.2025 with a request to remove the board erected by the 4th respondent. Without doing so, the 4th respondent is making efforts to dispossess the petitioner from the subject land. He further submits that the 4th respondent has no power, authority or jurisdiction to dispossess the petitioner from the subject land. He also submits that the 4th respondent without issuing any notice to show case and without inviting any explanation, trying to dispossess the petitioner from the subject land. Therefore, learned counsel requests this Court to pass appropriate orders. 4. Per Contra, learned Government Pleader for Endowments vehemently opposed for grant of any relief in the present writ petition and submits that the petitioner is encroacher over the temple land and the respondents are going to take steps for removal of encroachment under Section 83 of the Endowments Act 30/87. Therefore, learned Government Pleader prays to dismiss the writ petition. 4 5. On considering the submissions of both the learned counsels and upon perusing the entire material on record, this Court is inclined to dispose of the writ petition, directing the respondents not to dispossess the petitioner from her site for an extent of Ac.2.66 cents out of Ac.4.00 cents in Survey No.605/A2 of Somarajupalli Village in Singarayakonda Gramapanchayat and Mandal, Prakasam District, without following due process of law. 6. With the above direction, the Writ Petition is disposed of, at the stage of admission, with the consent of both the learned counsels. No costs. 7. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ Dr. K. MANMADHA RAO, J BMS