Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 10489 (AP)

Pathuri Nageswara Rao, v. The State of Andhra Pradesh,

WP/24056/2026 · 2026-09-14

Tarlada Rajasekhar Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010442942026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE 15th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 24056/2026 Between: 1. PATHURI NAGESWARA RAO,, S/O. LATE PATHURI SUBBAIAH, AGED 75 YEARS, R/O. H.NO 4-78, CHILAKAPADU VILLAGE, SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2. THE COMMISSIONER OF ENDOWMENTS, ENDOWMENTS DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA, ANDHRA PRADESH. 3. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. 4. THE INSPECTOR, ENDOWMENTS DEPARTMENT, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. 5. THE FIT PERSON, SRI PATHURI VANI KUNTA, CHILAKAPADU VILLAGE, SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 6. THE MANDAL INCHARGE, ENDOWMENTS DEPARTMENT, SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT, ANDHRA 2 PRADESH ...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 toissue an appropriate Direction, more particularly one in the nature of 'Writ of Mandamus', declaring the action of the respondents in proceeding with the public auction of Ac.15.25 cents in Sy.Nos.243/1 and 243/2 of Chilakapadu Village, Santhanuthalapadu Mandal, Prakasam District, pursuant to R.C.No.A5/396/2024 dated 03.08.2026 issued by the 4th respondent, Lr.No.Ni1/2026-1 dated 11.08.2026 issued by the 5th respondent and the consequential Public Land Lease Auction Announcement dated 14.08.2026, fixing the auction on 24.08.2026 at 10.00 A.M., as illegal, arbitrary, without jurisdiction and contrary to the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and the Rules made thereunder and violative of the principles of natural justice and Articles 14 and 300-A of the Constitution of India, and consequently direct the respondents not to conduct the proposed auction or create any third- party leasehold rights over the subject property without first considering and disposing of the petitioner's objections dated 17.08.2026 and the Reply dated 20.10.2025 and proceeding strictly in accordance with law IA NO: 1 OF 2026 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 stay of all further proceedings pursuant to the impugned Public Land Lease Auction Announcement dated 14.08.2026 fixing the auction on 24.08.2026 at 10.00 A.M., issued by the 5th respondent, pending disposal of the Writ Petition IA NO: 2 OF 2026 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 permit the petitioners herein, to carry out the necessary amendment in the prayer as follows; It is therefore prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in initiating and continuing proceedings against the Petitioner 3 pursuant to the notice bearing L.R.No.Ni1/2025 dated 15.10.2025, purportedly issued under Section 83(2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, without considering and disposing of the Petitioner's detailed reply/objections dated 20.10.2025 by a reasoned order, and in thereafter proceeding pursuant to R.C.No.A5/396/2024 dated 03.08.2026 and Lr.No.Ni1/2026-1 dated 11.08.2026, and consequentially issuing the Public Land Lease Auction Announcement dated 14.08.2026 proposing to auction Ac.15.25 cents of land in Sy.Nos.243/1 and 243/2 of Chilakapadu Village, Santhanuthalapadu Mandal, Prakasam District, and to create third-party leasehold rights therein, notwithstanding the Petitioner's further objections dated 17.08.2026 and without first determining the Petitioner's status, rights and the nature of his possession and management over the subject property in accordance with law, as illegal, arbitrary, without jurisdiction, contrary to Section 83 and other applicable provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and the Rules made thereunder, violative of the principles of natural justice and Articles 14 and 300-A of the Constitution of India, and consequently set aside the notice •-% bearing L.R.No.Ni1/2025 dated 15.10.2025, the proceedings bearing R.C.No.A5/396/2024 dated 03.08.2026, Lr.No.Ni1/2026-1 dated 11.08.2026 and the consequential Public Land Lease Auction Announcement dated 14.08.2026, and further direct the Respondents not to dispossess or otherwise interfere with the Petitioner's possession and management of the subject property and not to conduct any auction or create any third-party rights in respect thereof except by following the procedure prescribed under the Act and in accordance with law, Instead of it is therefore prayed that this Hon'ble Court may be pleased to issue an appropriate Direction, more particularly one in the nature of 'Writ of Mandamus', declaring the action of the respondents in proceeding with the public auction of Ac.15.25 cents in Sy.Nos.243/1 and 243/2 of Chilakapadu Village, Santhanuthalapadu Mandal, Prakasam District, pursuant to R.C.No.A5/396/2024 dated 03.08.2026 issued by the 4th respondent, Lr.No.Ni1/2026-1 dated 11.08.2026 issued by the 5th respondent and the consequential Public Land Lease Auction Announcement dated 14.08.2026, fixing the auction on 24.08.2026 at 10.00 A.M., as illegal, arbitrary, without jurisdiction and contrary to the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and the Rules made thereunder and violative of the principles of natural justice and Articles 14 and 300-A of the Constitution of 4 India, and consequently direct the respondents not to conduct the proposed auction or create any third- party leasehold rights over the subject property without first considering and disposing of the petitioner's objections dated 17.08.2026 and the Reply dated 20.10.2025 and proceeding strictly in accordance with law, and pass such other order or orders as this Honible Court may deem fit and proper in the circumstances of the case. and pass Counsel for the Petitioner: 1. DHEERA KANISHKA Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS 2. DEVI SUBHASHINI ANNE SC For Endowments The Court made the following: 5 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.24056 OF 2026 ORDER: Learned counsel for the petitioner submits that pending consideration of the writ petition, the respondents have conducted the auction and hence, sought permission of this Court to withdraw the writ petition, with liberty to question the auction granted in favour of some third parties. 2. Permission is accorded. 3. Accordingly, the present Writ Petition is dismissed as withdrawn granting liberty to the petitioner to file a fresh writ petition questioning the auction, in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 15.09.2026 KBN 6 23 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.24056 of 2026 Date: 15.09.2026 KBN