APHC010552752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28736/2025 Between: 1. BALUKULA SUBBARAO, S/O SURI BABU, AGED ABOUT 50 YEARS, R/O D. NO. 4-43, GANDHI NAGAR, BURUGUPUDI VILLAGE, KIRLAMPUDI MANDAL, KAKINADA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, ENDOWMENT DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. COMMISSIONER OF ENDOWMENTS, STATE OF ANDHRA PRADESH GOLLAPUDI, VIJAYAWADA 3. ASSISTANT COMMISSIONER OF ENDOWMENTS, KAKINADA 4. DEPUTY COMMISSIONER OF ENDOWMENT, KAKINADA 5. SRI VENKATESWARA SWAMY VARI TEMPLE, SRI PARAVASTHU AJHAGHYA MANAVALLA JEEYAR SWAMY VARI MATAM REP. BY ITS EXECUTIVE OFFICER, TALLURU, GANDEPALLI MANDAL, KAKINADA 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 a writ of mandamus or any other appropriate writ order or direction thata) Declaring the action of the respondents taking steps 2 JS, J W.P.No.28736 of 2025 to dispossess the petitioner from the land to an extent Ac. 2.40 cents in survey No. 186/4, situated at Marripaka village, Jaggampeta Mandal as illegal and in contravention of Rule 3 of AP Charitable and Hindu Religious Institutions and Endowment Lease of Agricultural Land Rules 2003. b) Declare the 5th respondent notice dated 10-06-2025 as illegal in contravention of the procedure contemplated under Rule 3, 4 and 5 of the AP Charitable and Hindu Religious Institutions and Endowment Lease of Agricultural Land Rules 2003 and also violation of principles of natural justice. c) Declare the action of the respondents taking steps to evict the petitioner in contravention of the procedure contemplated under Section 82, 83, 84 and 85 of AP Charitable and Hindu Religious Institutions and Endowment Act 1987. d) To directing the official respondents to conduct enquiry for declaring the petitioner as landless poor person/small farmer and provide all the benefits under Rules 3,4,5 and 6 of the AP Charitable and Hindu Religious Institutions and Endowment Lease of Agricultural Land Rules 2003 including permit the petitioner to purchase the land under the cultivation of the petitioner in respect of Ac. 2.40 cents in survey No. 186/4, situated at Marripaka village, Jaggampeta Mandal, East Godavari District 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 official respondents not to dispossess the petitioner from the land under petitioners cultivation for an extent of Ac. 2.40 cents in survey No. 186/4, situated at Marripaka village, Jaggampeta Mandal, Kakinada District, pending disposal of the enquiry under Section 82,83,84 r/w Rule 3,4,5 of AP Charitable and Hindu Religious Institutions Act and Rules and pass Counsel for the Petitioner: 1. R K ACHARYULU Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS 3 JS, J W.P.No.28736 of 2025 The Court made the following ORDER: Sri P. Girish Kumar, learned Senior Counsel appearing for the petitioner and learned standing counsel appearing for the respondent/temple have consented to dispose of the Writ Petition at the stage of admission. 2. W.P. No. 13921 of 2015, which was disposed of by this Court on 08.01.2025, directing the respondents not to dispossess the petitioners without following the due procedure as contemplated under law. 3. Learned Senior Counsel submits that the petitioner is listed at Serial No.25 in the array of petitioners in W.P. No.13921 of 2015. 4. Learned Senior Counsel further submits that the petitioner has submitted his explanation in response to the show cause notice dated 10.06.2025. 5. In view of the same, this Court feels it appropriate to dispose of the Writ Petition by directing the respondents to consider the explanation submitted by the petitioner on 18.07.2025 made to the respondents. However, the respondents are directed to provide the petitioner with a fair opportunity before issuing or passing appropriate orders. 6. Accordingly, the Writ Petition is closed. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 23.10.2025 SCH 4 JS, J W.P.No.28736 of 2025 697 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28736/2025 Date: 23.10.2025 SCH