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2026 DAILYLAW 12441 (AP)

Eturi Srinivasulu v. THE STATE OF ANDHRA PRADESH

WP/22121/2026 · 2026-09-29

Tarlada Rajasekhar Rao

body2026

Judgment text

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APHC010409722026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE 30th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22121/2026 Between: 1. ETURI SRINIVASULU, S/O. E. ANJANEYULU, AGED ABOUT 62 YEARS,. R/O. 14-522, P R T STREET, DHARMAVARAM, ANANTAPAURAM DISTRICT. 2. V. NARAYANA SWAMY, , S/O. LAKSHMINARAYANA SETTY, AGED ABOUT 47 YEARS., R/O. 13-629, P R T STREET, DHARMAVARAM, PNANTAPAURAM DISTRICT. 3. U. KALAVATHI,, W/O.NARAYANA SWAMY, R/O. 13 P R T STREET, DHARMAVARAM,-729, ANANTAPAURAM DISTRICT. 4. S. NAGAPPA.,, S/O. LINGAPPA., AGED ABOUT 73 YEARS., R/O.9- 85, MALAKAPURAM., IGOLLUR., DHARMAVARAM, ANANTAPURAM DISTRICT. 5. T. SRIDHAR.,, S/O. PRABAHAKAR GUPTA., AGED ABOUT 44 YEARS., R/O. 15-240, P R T STREET, DHARMAVARAM, ANANTAPAURAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENTS., SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2. THE COMMISSIONER OF ENDOWMENTS, ENDOWMENTS DEPARTMENTS. GOLLAPUDI, KRISHNA DISTRICT. 3. THE DEPUTY COMMISSIONER OF ENDOWMENTS, KURNOOL. 4. THE ASSISTANT COMMISSIONER OF ENDOWMENTS, ANANTAPURAM. 2 5. SRI PANDURANGA SWAMY DEVASTHANAMS, DHARMAVARAM, ANANTAPURAM DISTRICT., REP. BY ITS EXECUTIVE OFFICER. ...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 or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in trying to dispossess and demolish the petitioner's shops bearing Nos. 14-680, 14-678, 14,679, 14-688 and 14-677 as arbitrary, illegal, improper, incorrect and violative of principles of natural justice and consequently direct the respondents not to demolish the petitioner's shops bearing Nos. 14-680, 14- 678, 14,679, 14-688 and 14-677 till the expiry of their lease period 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 direct the respondents herein not to demolish the petitioner's shops bearing Nos. 14-680, 14-678, 14,679, 14-688 and 14-677 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 May be pleased to vacate the interim orders dated 10.08.2026 passed in I.A. No. 1 of 2026 in W.P.No.22121 of 2026 and consequently dismiss the W.P. No. 22121 of 2026 as there are no merits in the present writ petition, in the interest of justice, and to pass Counsel for the Petitioner(S): 1. V V N NARASIMHAM Counsel for the Respondent(S): 1. T VENU GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION) 2. GP FOR ENDOWMENTS The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.22121 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 in trying to dispossess and demolish the petitioner's shops bearing Nos.14-680, 14-678, 14,679, 14-688 and 14-677 as arbitrary, illegal, improper, incorrect and violative of principles of natural justice and consequently direct the respondents not to demolish the petitioner's shops bearing Nos.14-680, 14-678, 14,679, 14-688 and 14-677 till the expiry of their lease period.…” 2. The present Writ Petition is filed seeking to direct the respondents, more particularly respondent Nos.4 and 5, not to dispossess the petitioners’ from shops bearing Nos.14-680, 14-678, 14,679, 14-688 and 14-677, on the ground that the respondents had issued a notification inviting bids from the respective stakeholders and the petitioners have participated in the said bid process and emerged as successful bidders in respect of the aforesaid shops. The lease is subsisting upto 10.03.2027, commencing from 11.03.2024. While the lease is in force, the respondents are trying to dispossess petitioners and demolish the shops. Said action on the part of the respondents is alleged to be arbitrary, illegal and violation of principles of natural justice. Hence, the petitioners prayed to direct the respondents not to dispossess them or not to demolish their shops referred supra. 4 3. A counter-affidavit has been filed by respondent No.5. In the counter- affidavit, it is admitted that the subject shops were put to public auction on 11.03.2024, in which the petitioners emerged as the highest bidders, and the lease period is from 11.03.2024 to 10.03.2027. As the reconstruction / renovation of the temple is presently in progress, if removal of the temporary structures or iron-sheet roofs of the petitioners’ shops/rooms becomes necessary for the execution of the reconstruction/renovation works, the authorities shall take appropriate action by following due process of law, without causing any delay to the reconstruction and keeping in view the religious beliefs, faith and sentiments of the devotees visiting the temple. It is further asserted that the Executive Engineer (R&B), Dharmavaram Division, vide letter dated 19.06.2026, informed the 5th respondent that, in view of the use of heavy stone pillars and construction machinery for reconstruction of the main temple, the adjoining temple rooms/shops, being in a weak structural condition (which were covered with iron-sheet roofs), are likely to be damaged. If adequate space and safety precautions are not ensured, it is difficult to execute the work. It is also stated that at now, there is no such apprehension to the petitioners being dispossessed from the shops, if the respondents require, they shall follow due procedure. 4. In view of the assertions made in the counter-affidavit, the present Writ Petition is disposed of with following directions: 5 (a) The petitioners are directed to cooperate for reconstruction/renovation of the Temple. (b) If at all the respondents intend to remove the petitioners’ shops, they shall do so by following due procedure of law. (c) On the ground reconstruction/renovation, the petitioners shall not be dispossessed permanently, except in accordance with law. (d) 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: 30.09.2026 KBN 6 86 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.22121 of 2026 Date: 30.09.2026 KBN