APHC010396492026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE 22nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21674/2026 Between: 1. NALLABOTHULA SRINIVASULU, NALLABOTHULA SRINIVASULU, S/O ANJAIAH, AGED 55 YEARS, OCC PAN SHOP BUSINESS, R/O MALAKONDA VILLAGE, V.V. PALEM MANDAL PRAKASAM DISTRICT-523116. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (ENDOWMENTS) DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522 237. 2. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, ONGOLE, PRAKASAM DISTRICT-523 001. 3. SRI MALYADRI LAKSHMI NARASIMHA SWAMY DEVASTHAM REP BY ITS EXECUTIVE OFFICER, MALAKONDA VILLAGE, AYYAVARIPALLI PANCHAYAT, V.V. PALEM MANDAL, PRAKASAM DISTRICT-523 116. ...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 to issue a writ, order direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 and 3 in insisting the petitioner to vacate from his Pan Shop situated in an extent of Ac.0.01.36 cents in Survey No.113/2 situated in Malakonda Village, Ayyavaripalli Panchayat, V.V. Palem Mandal, Prakasam District, to demolish 2 the said shop without following any known procedure established by law and without there being any authority or sanction of law, as illegal, irregular. irrational and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioners possession and enjoyment over the said shop 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 to direct the respondents not to interfere and demolish the petitioner’s Pan Ship situated in an extent of Ac.0.01.36 cents in Survey No.113/2 situated in Malakonda Village, Ayyavaripalli Panchayat, V.V. Palem Mandal, Prakasam District, pending disposal of the main writ petition Counsel for the Petitioner: 1. SUBBA RAO JANDHYAM Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS 2. DEVI SUBHASHINI ANNE SC For Endowments The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21674 OF 2026 ORDER: The present 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 respondents 2 and 3 in insisting the petitioner to vacate from his Pan Shop situated in an extent of Ac.0.01.36 cents in Survey No.113/2 situated in Malakonda Village, Ayyavaripalli Panchayat, V.V.Palem Mandal, Prakasam District, to demolish the said shop without following any known procedure established by law and without there being any authority or sanction of law, as illegal, irregular, irrational and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioner’s possession and enjoyment over the said shop and pass such other order or orders.…” 2. The short grievance of the petitioner is that the respondent authorities are insisting the petitioner to vacate from the shop situated in an extent of Ac.0.01.36 cents in Survey No.113/2, Malakonda Village, Ayyavaripalli Panchayat, V.V. Palem Mandal, Prakasam District, and trying to demolish the said shop without following any procedure as established under law. 3. It is asserted in the affidavit filed in support of the writ petition that the petitioner is the owner, possessor and enjoyer of the shop admeasuring Ac.0.01.36 cents in Sy.No.113/2 at Malakonda Village. The respondents have no authority to interfere with the possession. Hence, prayed to direct the respondents not to interfere with the possession and enjoyment of the petitioner. 4. The respondents filed counter-affidavit and at paragraph No.6 it is asserted that subject land belongs to 3rd respondent-Temple, as the same 4 was donated by one Ambaiah Chetty in the year 1979. Since then, the said land has been in the possession of the Temple authorities. It is further asserted that the petitioner will not be deprived of his livelihood, as the respondent authorities have agreed to consider for allotment of a shop, after construction of the shopping complex, subject to law. 5. Learned counsel for the respondents orally stated that petitioner is not in possession of the subject property and already the property was handed over by the Temple. 6. The same was disputed by the learned counsel for the petitioner. 7. As disputed facts are involved in the present writ petition, this Court cannot adjudicate all such issues under Article 226 of the Constitution of India. 8. However, with the consent of both the learned counsel, and without adverting into merits of the case, the present Writ Petition is disposed of, directing the respondent authorities not to dispossess the petitioner without following the procedure, as envisaged under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act No. 30 of 1987). 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: 22.09.2026 KBN 5 91 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21674 of 2026 Date: 22.09.2026 KBN