IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 3724 OF 2025 Between: 1. Challa Satyanarayana, S/o. Suryarao, Aged about 57 years, Occ:Cultivation Door No.1-139,Chittavaram Village, Narsapur Mandal, West Godavari District, Andhra Pradesh. 2. Challa Eswari, W/o. Satyanarayana, Aged about 49 years, Occ:House wife. Door No. 1-139, Chittavaram Village,Narsapur Mandal, West Godavari District, Andhra Pradesh. ...PETITIONER(S) AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Revenue (Endowments) Department, Secretariat Buildings, Velagapudi, Amaravathi. Guntur District, Andhra Pradesh. 2. The Commissioner of Endowments, Charitable and Hindu Religious Institutions And Endowments Department, Government of Andhra Pradesh, Gollapudi, Vijayawada,Krishna District. 3. The Assistant Commissioner of Endowments, Charitable and Hindu Religious Institutions and Endowments Department, Bhimavaram,wes t Godavari District. 4. The Inspector of Endowments, Charitable and Hindu Religious Institutions And Endowments Department Andhra Pradesh, Bhimavaram,West Godavari District 5. Sri Madana Gopala Swami varu temple, Rep.by its Single Trustee, Chittavaram Village,Narsapur Mandal, West Godavari District, Andhra Pradesh. ...RESPONDENTS 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the order/proceedings in Lr.no.nil/2025, dated 30.01.2025 by the 5th respondent without having jurisdiction and is illegal, arbitrary and also against the provisions of the section 83,84 and 87 of the Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) and also violation of Articles 14, 19, 21 of the Constitution of India against the principles of natural justice and consequently set-aside order/ proceedings in Lr.No.Nil/2025, dated 30.01.2025 by the 5th respondent. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant stay in all further proceedings in pursuance of the proceedings in Lr.No.Nil/2025, dated 30.01.2025 by the 5th respondent pending disposal of the above writ petition. Counsel for the Petitioners: SRI DASARI.S.V.V.S.V. PRASAD Counsel for the Respondents No.lto 4: GP FOR ENDOWMENTS Counsel for the Respondent No.5: — The Court made the following: ORDER APHC010070662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 3724/2025 Between: Challa Satyanarayana, and Others ...PETITIONER{S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. DASARI S VV S V PRASAD Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS The Court made the following: ORDER;- ...RESPONDENT(S) This petition is filed under Article 226 of the Constitution of India for the following relief:- pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the order/proceedings in Lr.No.nil/2025, dated 30.01.2025 by the 5^^ respondent without having jurisdiction and is illegal, arbitrary and also against the provisions ofthe^ sections 83, 84 and 87 of the Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) and also violation of Articles 14, 19 and 21 of the Constitution of India against the principles of natural Justice and consequently setaside order/proceedings in Lr.No.Nil/2025, dated 30.01.2025 by the 5^^ respondent and to pass ” 2 The case of the petitioners in brief is that the petitioners are the 2. husband and wife. The dispute involves a small piece of land (Ac.0.03% cents) near the Sri Madana Gopala Swami temple in Chittavaram Village Narasapuram Mandal. The said property was legally acquired through a registered gift settlement deed dated 01.10.2018 vide doc No.5363/2018 in favor of the second petitioner. However, due to political influences, the 5**^ respondent issued a notice on 12.08.2024, alleging encroachment and threatening eviction under Section 83 of the Endowments Act. The petitioners submitted a detailed explanation on 20.08.2024, but without considering the same, they have issued another eviction notice on 17.09.2024. Aggrieved by the same, the petitioners filed W.P.No.20884 of 2024 and the same was disposed of on 15.10.2024, directing the 5^*^ respondent not to dispossess the petitioners without following due process of law. Despite this order, the 5''^ respondent issued another notice on 26.11.2024, demanding possession within ten (10) days. The petitioners submitted a detailed reply on 03.12.2024 requesting the respondent No.5 to give an opportunity to present documentary and oral evidence, but no opportunity for hearing was granted. Ignoring the legal procedure and orders of this Court, the 5‘^ respondent issued impugned proceedings vide Lr.No.Nil/2025, dated 30.01.2025, ordering the petitioners to vacate the property within 15 days without following due process of law. Challenging the same, the present writ petition is filed. Heard Mr. Dasari S.V.V.S.V.Prasad, learned counsel for the 3. petitioners and learned counsel appearing for the respondents. 3 4. On hearing, learned counsel for the petitioners submits that though this Court passed the orders on 15.10.2024 in W.P.No.20884 of 2024, directing the 5^^ respondent not to dispossess the petitioners without following due process of law, the 5*^ respondent has issued another notice 26.11.2024, demanding possession within ten (10) days. Thereafter, ignoring the legal procedure and orders of this Court, the 5'^ respondent issued impugned proceedings vide Lr.No.Nil/2025, dated 30.01.2025, ordering the petitioners to vacate the property within 15 days. Hence, the learned counsel for the petitioners request to pass appropriate orders. on Learned counsel for the respondents submits that there is an alternative remedy available to the petitioners and the petitioners may prefer an appeal before the Andhra Pradesh EndowmentsTribunal for the grant of their relief. 5. Considering the submissions of learned counsel for the petitioners and the learned counsels appearing for the respondents, this Court is inclined to dispose of the writ petition while directing the petitioner to avail the alternative remedy available to him under law. Accordingly, the writ petition is disposed of. 6. 7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. 4 As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// OFFICER SEC To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue (Endowments) Department, Secretariat Buildings, Velagapudi, Amaravathi. Guntur District, Andhra Pradesh. 2. The Commissioner of Endowments, Charitable and Hindu Religious Institutions And Endowments Department, Government of Andhra Pradesh, Gollapudi, Vijayawada,Krishna District. 3. The Assistant Commissioner of Endowments, Charitable and Hindu Religious Institutions and Endowments Department, Bhimavaram,west Godavari District. 4. The Inspector of Endowments, Charitable and Hindu Religious Institutions And Endowments Department Andhra Pradesh, Bhimavaram,West Godavari District. 5. The Single Trustee, Sri Madana Gopala Swami Varu Temple, Chittavaram Village, Narsapur Mandal, West Godavari District, Andhra Pradesh. 6. One CC to Sri Dasari.S.V.V.S.V.Prasad, Advocate [OPUC] 7. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 8. Three C.D.Copies. nm HIGH COURT DATED:18/02/2025 ORDER WP.No.3724 of 2025 W 0 2 APR 2025 s . Current Section C» DISPOSING OF THE WP WITHOUT COSTS