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2025 DAILYLAW 57915 (AP)

Chadalla Mattam v. The State of Andhra Pradesh

WP/15982/2020 · 2025-10-22

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010243082020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION Between: 1. CHADALLA MATTAM, ( THOPU MATTAM) REP BY ITS FOUNDER TRUSTEE V.NAGARAJAN, S/O, T.M VERRA BASAVAIAH AGED ABOUT 67 YEARS, R/O,12 MANDAL, CHITTOOR DISTRICT. 1. THE STATE OF ANDHRA SECRETARY DEPARTMENT OF REVENUE SECRETARIAT, VELLAGAPUDI GUNTUR 2. THE DISTRICT COLLECTOR, CHITTOOR 3. ASSISTANT COMMISSIONER OF ENDOWMENTS, CHITTOOR DISTRICT CHITTOR 4. THE TAHSILDAR, PUNGANOOR MANDAL CHITTOOR DISTRIC 5. THE CHEDALLA GRAMPANCHAYAT, REP BY VILLAGE SECRETARY, CHADALLA MANDAL, PUNGANOOR DISTRICT 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 It is therefore prayed that the Honourable Court be pleased to issue a Writ of Mandam respondent in proposing to encroach upon the property for construction of IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15982/2020 CHADALLA MATTAM, ( THOPU MATTAM) REP BY ITS FOUNDER TRUSTEE V.NAGARAJAN, S/O, T.M VERRA BASAVAIAH AGED ABOUT 67 YEARS, R/O,12-21, THOPU MATTAM, PUNGANOOR MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY DEPARTMENT OF REVENUE SECRETARIAT, VELLAGAPUDI GUNTUR THE DISTRICT COLLECTOR, CHITTOOR ASSISTANT COMMISSIONER OF ENDOWMENTS, CHITTOOR THE TAHSILDAR, PUNGANOOR MANDAL CHITTOOR DISTRIC THE CHEDALLA GRAMPANCHAYAT, REP BY VILLAGE SECRETARY, CHADALLA MANDAL, PUNGANOOR 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 It is therefore prayed that the Honourable Court be pleased to issue a Writ of Mandamus declaring the action of the 4th and 5th respondent in proposing to encroach upon the property for construction of IN THE HIGH COURT OF ANDHRA PRADESH [3329] THURSDAY,THE TWENTY THIRD DAY OF OCTOBER THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CHADALLA MATTAM, ( THOPU MATTAM) REP BY ITS FOUNDER TRUSTEE V.NAGARAJAN, S/O, T.M VERRA BASAVAIAH AGED 21, THOPU MATTAM, PUNGANOOR ...PETITIONER PRADESH, REP BY ITS PRINCIPLE SECRETARY DEPARTMENT OF REVENUE SECRETARIAT, ASSISTANT COMMISSIONER OF ENDOWMENTS, CHITTOOR THE TAHSILDAR, PUNGANOOR MANDAL CHITTOOR DISTRICT THE CHEDALLA GRAMPANCHAYAT, REP BY VILLAGE SECRETARY, CHADALLA MANDAL, PUNGANOOR 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 It is therefore prayed that the Honourable Court be pleased us declaring the action of the 4th and 5th respondent in proposing to encroach upon the property for construction of Village Secretary and Annexure Building in the land of Survey No. 213/5 of Chadalla Revenue Village, Punganoor Mandal, Chittoor District as illegal, arbitrary and ultra vires of the provisions of the A.P Charitable Hindu Religious Institutions and Endowment Act 1987 and Violative of Article 14 of Constitution of India and Consequently direct the respondent 4 and 5 to desist from encroaching upon the land from construction of Grama Secretariat and Annexed Buildings which are contrary to the provisions of the Act 1987 and to pass IA NO: 1 OF 2020 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 respondent 4 and 5 to desist from interfering with the possession of the land of the petitioner in Survey No. 213/5 Chedalla Revenue Village, Punganoor Mandal, Chittoor District for construction of any building for Grama Secretariat of the 5th respondent pending disposal of the Writ Petition. pending disposal of the above writ petition IA NO: 1 OF 2023 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 receive the counter copies on record by allowing the leave petition in the above writ petition and pass. Counsel for the Petitioner: 1. N PRAMOD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. V VINOD K REDDY 3. GP FOR ENDOWMENTS The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.15982 OF 2020 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus seeking to declare the action of the 4th and 5th respondent in proposing to encroach upon the property of petitioner for construction of Village Secretariate and Annexure Building in the land of Survey No 213/5 of Chedalla Revenue Village, Punganoor Mandal, Chittoor District as illegal, arbitrary and ultra vires of the provisions of the A.P Charitable Hindu Religious Institutions and Endowment Act 1987 and Violative of Article 14 of Constitution of India and Consequently direct the respondent 4 and 5 to desist from encroaching upon the land from construction of Grama Secretariat and Annexed Buildings which are contrary to the provisions of the Act 1987and pass such other order or orders...” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. Learned counsel for the petitioner submits that the respondent Nos. 4 & 5 are taking steps for construction of village secretariat by encroaching the land of the petitioner in Sy.No.213/5, Chedalla Revenue Village, Punganoor Mandal, Chittoor District without issuing any notice and without following due process of law. He further submits that the subject land was classified as endowment land under the provisions of Andhra Pradesh Charitable Hindu Religious Institutions and Endowment Act, 1987. He further submits that in view of ratio laid down by this Court, the land which was classified as endowment land, cannot be converted for any other purpose without there being prior permission of this Hon’ble Court . Hence this petition. 4. On the other hand, learned Standing Counsel for the respondent-Gram Panchayat furnished written instructions, wherein, it is stated as under: “It is humbly submitted that the petitioner filed Writ petition in Hon’ble High Court, Andhra Pradesh, in which he has prayed to construct Grama Sachivalayam building in Chadalla but the administrative sanction was given in Chadalla village of Chadalla Grama Panchayath of Punganur Mandal, Chittoor District by Roc.No.[16/2682/2019, dated 16.06.2021 of the District Collector/DPC, MGNREGS, Chittoor District (Erstwhile). It is humbly submitted that the Village Secretariat building and Annexure Building construction not started in the survey No.213/5 of Chadalla revenue village of Chadalla Grama Panchayath. The Village Secretariat building and Annexure Building are constructed and physically completed in Chadalla revenue village at Sy.No.283/2 of Chadalla Village of Punganur Mandal.” [[ 5. Learned Standing Counsel for the respondents further submits that the respondents initially proposed for construction of Grama Sachivalayam and Annex building pursuant to the ROC dated 16.06.2021. But no construction was taken place in the land which is situated in Sy.No.213/5 Chedalla Revenue Village, Punganoor Mandal, Chittoor District as claimed/alleged by the petitioner. He further submits that later on, pursuant to the subsequent proceedings, the Grama Sachivalayam and Annex building are constructed in the land situated at Sy.No.283/2 of Chedalla Village of Punganur Mandal. He further submits that in view of the construction of the Grama Sachivalayam and Annex building at some other land other than the land claimed by the petitioner, no cause is survives for adjudication. 6. Considering the submissions made by both the learned counsel and in view of the written instructions of respondent No.5 and since the construction of Grama Sachivalayam and Annex Building were completed in Sy.No.283/2 of Chedalla Village of Punganur Mandal, the cause in the present writ petition does not survive for further adjudication and no further orders are required to be passed. 7. Accordingly, the writ petition is closed. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J Date:23.10.2025 AG THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.15982 OF 2020 Date:23.10.2025 AG