APHC010511272026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WP(PIL) NO: 231 of 2026 Bench Sr.No:-9 [3584] Yadlapalli Poornachandra Rao ...Petitioner Vs. The State of Andhra Pradesh and Others ...Respondent(s) ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 28th September 2026 Present: Advocate for Petitioner: MR. ARUN SHOWRI G Advocate(s) for Respondent(s): GP FOR PANCHAYAT RAJ RURAL DEV, GP FOR REVENUE, GP FOR ENDOWMENTS *** ORDER: (per Hon’ble Sri Justice Challa Gunaranjan) Present writ petition is filed by way of public interest seeking following relief: “…(a) to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring impugned Notice in Rc. No. 01/COE-14021(31)/2/2025-1, dated 07.09.2026, issued by the Commissioner Endowments Department and set aside the same as illegal, arbitrary, without jurisdiction and violative of Articles 14 and 21 of the Constitution of India, and violative of the provisions of Andhra Pradesh Gram Panchayat Act, 1994 insofar as it relates to the Village Tank admeasuring Ac.86.69 cents in D. No.203, Chamallamudi Village, Vatticherukuru Mandal, Guntur District; 2 HCJ & CGR, J. W.P.(PIL) No.231 of 2026 (b) issue a Writ of Mandamus or any other appropriate writ, order or direction declaring that the Village Tank situated in Survey/ D.No.203, Chamallamudi Village, Vatticherukuru Mandal, Guntur District, is a public village tank vested in the Chamallamudi Gram Panchayat under Section 80 of the Andhra Pradesh Panchayat Raj Act, 1994, and does not constitute an Endowment/charitable institution amenable to the provisions of the A. P. Charitable and Hindu Religious Institutions and Endowments Act, 1987; (c) and pass such other order or orders this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.” 3. Brief facts of the case are as follows: (a) It is stated that Chamallamudi Village is a ryotwari village, there exists water tank in Survey/D.No.203, in an extent of Ac.86.69 cents together with an adjoining extent of Ac.55.95 cents in Survey No.177 and others, set apart for tank’s upkeep. (b) When Rachakonda family claimed to be hereditary trustees and concerned with aforesaid water tank, District Collector preferred O.S.No.116 of 1965 on the file of the Subordinate Judge, Guntur, wherein, by judgment and decree, dated 30.09.1975, a scheme came to be formulated. As per the said scheme, arrangements were being made since then by appointing trustees representing the descendants of Rachakonda Chandrasekhara Somayajulu, Sarpanch of the said village, and a representative from Rajaka community, who shall take care of maintenance of said tank. 3 HCJ & CGR, J. W.P.(PIL) No.231 of 2026 (c) Further, it is also stated that Resettlement Register (RSR), Adangal, and 1-B Register of the village describe the land in aforesaid survey number as "Government Poramboke - Cheruvu", and not as Endowments or temple property. By virtue of Section 80 of the Andhra Pradesh Panchayat Raj Act, 1995, all public courses, tanks, etc., shall vest in Gram Panchayat, therefore, the subject tank, for all purposes, is under the administration of Gram Panchayat for the benefit of all villagers. (d) It is also stated that when a portion of tank, i.e., about Ac.14.32 cents in Survey No.177, was notified as Endowments property, an inquiry was conducted by Revenue Divisional Officer, Guntur, and by proceedings, dated 06.06.2018, it was held that subject tank poramboke belonged to Revenue Department and not Endowments, and thus, direction was issued for correction of classification in revenue records. The said proceedings are stated to have been challenged in W.P. No.23147 of 2018, which is pending consideration before the writ Court. (e) Subsequently, when the Executive Officer issued tender- cum-open auction notification, dated 15.03.2025, and followed by another notification, dated 25.04.2025, for excavation and removal of soil/clay from the tank for strengthening the tank bund, the same was assailed in W.P. No.11414 of 2025 by the Sarpanch of Gram 4 HCJ & CGR, J. W.P.(PIL) No.231 of 2026 Panchayat, and the same is also stated to be pending consideration. In both these writ petitions, interim directions are subsisting. (f) That being so, now 3rd respondent, by impugned notice, dated 07.09.2026, issued in terms of Rule 4(1) of A.P. Charitable and Hindu Religious Institutions and Endowments Rules, proposing to constitute a Trust Board in terms of Section 15 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act (for short, “the Endowments Act”), has invited applications from prospective applicants. Aggrieved by the same, present writ petition is preferred in public interest. 4. Heard Mr.Arun Showri G., learned counsel for petitioner; learned Government Pleader for Revenue, learned Government Pleader for Endowments and learned Government Pleader for Panchayat Raj appearing for respondents. 5. Learned counsel for petitioner, while reiterating the averments in writ petition, contended that when the subject property has already been held to be not belonging to Endowments and vested in Gram Panchayat, by judgment and decree in O.S. No.116 of 1965, followed by appropriate entries in revenue records, the impugned notice issued by 3rd respondent is without jurisdiction. He further 5 HCJ & CGR, J. W.P.(PIL) No.231 of 2026 contended that even under the provisions of Inams Abolition Act, any existing water bodies shall vest in Gram Panchayat, besides Section 80 of A.P. Panchayat Raj Act, and thus, looking from any perspective, the Endowments Department would have no claim to control, manage, and regulate the same. Learned counsel sought to place reliance on the judgment of Hon’ble Apex Court in Vatticherukuru Village Panchayat v. Nori Venkatarama Deekshithulu1 to buttress his argument that the water body shall vest in Gram Panchayat. 6. Learned Government Pleader for Endowments appearing for 3rd respondent, on instructions, would submit that the subject tank belongs to the Endowments Department, inasmuch as the same has been entered in the register maintained under Section 43 of the Endowments Act. Further, even relevant entries in RSR, FMB, and Adangal also maintain the same stand, thus, once an entry is made in the register, for all purposes the property shall belong to the Endowments Department, and in case of any dispute in such a scenario, one has to avail remedy under Section 87(1)(c) of the Endowments Act by approaching the Tribunal. He further pleaded that judgment and decree in O.S.No.116 of 1965 is not binding on 1 1991 Supp(2)SCC 228 = JT 1991(5)SC 140 6 HCJ & CGR, J. W.P.(PIL) No.231 of 2026 the Endowments Department, particularly on the face of entries in the register under Section 43 of the Endowments Act. 7. Learned Assistant Government Pleader for Panchayat Raj and Rural Development, appearing for 11th respondent, while placing on record written instructions, dated 26.09.2025, submitted that subject tank is under the control of Endowments Department and not with Gram Panchayat. Further, that as per the register maintained under Section 43 of the Endowments Act, the tank has been included in the list of properties belonging to the Endowments. 8. We have given our anxious consideration to the submissions made above. 9. There is a serious dispute with regard to ownership of subject water tank. It is the case of the writ petitioner that the tank vests in Gram Panchayat by virtue of provisions of Inams Abolition Act as well as A.P. Panchayat Raj Act. Besides, emphasis is also laid on the judgment and decree in O.S.No.116 of 1965, whereby a scheme of arrangement was formulated for maintaining the subject tank. Be that as it may, it is also an undeniable fact that subject tank has been included in the list of properties maintained under Section 43 of the Endowments Act. The Assistant Commissioner issued 7 HCJ & CGR, J. W.P.(PIL) No.231 of 2026 certificate of registration, dated 03.03.2010, to that effect. Petitioner also could not deny the assertion made by respondents that the tank is under the management of Endowments Department as on today. Filing of W.P.No.23147 of 2018 and W.P.no.11414 of 2025, by the Sarpanch of Gram Panchayat, disputing the ownership of Endowments, fortifies aforesaid stand. Since there are rival claims asserting title, and in support, various documents are sought to be relied on, such disputed questions of fact would normally be neither examined nor gone into, while exercising jurisdiction under Article 226 of the Constitution of India, particularly when efficacious alternative remedy is provided under the statute. 10. Though learned counsel for petitioner tried to contend that since the subject tank does not belong to Endowments, even the Tribunal would have no jurisdiction to go into such issue, we refrain from making any observation in that regard. Petitioner, in the pleadings, admitted that subject tank has been entered in the register maintained under Section 43 of the Endowments Act, which, however, was done on an erroneous basis. 11. When such is the admitted position, we are of the view that petitioner as well can agitate the issue by availing remedy as provided under the provisions of Endowments Act. We, thus, grant 8 HCJ & CGR, J. W.P.(PIL) No.231 of 2026 liberty to petitioner to raise all possible grounds, including those urged before us, in case chooses to approach the Tribunal. It is made clear that we have not expressed any opinion on merits of the matter. 12. With the above observations, writ petition (PIL) stands disposed of. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, shall stand closed. LISA GILL, CJ CHALLA GUNARANJAN, J. cs