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2026 DAILYLAW 14749 (AP)

PARISA SRINIVSA REDDY v. THE STATE OF AP

WP/935/2026 · 2026-01-07

Kiranmayee Mandava

body2026

Judgment text

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APHC010014552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 935/2026 Between: 1. PARISA SRINIVSA REDDY, S/O. BAPI REDDY, AGED ABOUT 50 YEARS, OCC CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. 2. KUKKALA LAKSHMI TIRUPATHAMMA,, W/O. RAGHAVA REDDY, AGED ABOUT 35 YEARS, OCC CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. 3. PARISA SAMBAMMA, , W/O. ATCHI REDDY, AGED ABOUT 80 YEARS, OCC CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. 4. KUKKALA SRINIVASA REDDY,, S/O. VEERA REDDY AGED ABOUT 47 YEARS, OCC CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. 5. ALUMOLU NAGIREDDY,, S/O. VEERA REDDY AGED ABOUT 81 YEARS, OCC CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. 6. DONTIBOYINA CHINNA NAGESWARA REDDY, S/O. CHINNA VENKATESWARA REDDY, AGED ABOUT 60 YEARS, OCC CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATIA DISTRICT. 7. THUMMA SRINIVASA REDDY,, S/O. VENKATESWARLU AGED ABOUT 59 YEARS, OCC CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. 2 8. ALUMOLU YEDUKONDALU REDDY,, S/O. KRISHNA REDDY, AGED ABOUT 50 YEARS, OCC CULTIVATION R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATIA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY PRINCIPAL SECRETARY, ENDOWMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, BAPATLA DISTRICT, BAPATLA. 3. THE TAHASILDAR, CHERUKUPALLI MANDAL, CHERUKUPALLI, BAPATLA DISTRICT. 4. THE EXECUTIVE OFFICER, CHERUKUPALLI GROUP OF TEMPLES, CHERUKUPALLI VILLAGE, BAPATIA DISTRICT. ...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 assailing the impugned action of the 4th Respondent in resorting to dispossess the petitioners from their residential houses by demolishing the petitioners respective residential houses situated in Sy.No.122 admeasuring ranging from 5 to 16 cents each out of total extent of Ac.8-76 cents situated in Ponnapalli Village, Chemkupalli Mandal, Bapatla District and handover the same to the 4th respondent without issuing any notice, opportunity and without conducting any enquiry., as illegal, arbitrary and Unconstitutional, and consequently direct the respondents not to interfere with the petitioners peaceful possession and enjoyment of the aforesaid houses., and to pass 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 with the petitioners peaceful possession and enjoyment of the petitioners residential houses situated in Sy.No.122 admeasuring ranging from 5 to 16 cents each out of total extent of 3 Ac.8-76 cents situated in Ponnapalli Village, Cherukupalli Mandal, Bapatia District by dispossession/demolition or otherwise and pass Counsel for the Petitioner(S): 1. G VENKATA REDDY Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS The Court made the following Order: Heard Sri G. Venkata Reddy, learned counsel for the petitioners, the learned Assistant Government Pleader for Endowments and Sri Kappera Kotewsara Rao, learned Standing Counsel for the respondent No.4. 2. The challenge in the writ petition is against action of the respondent No.4 requiring the petitioners to vacate from the subject premises in an extent of Ac.8.76 cents of Sy.No.122 in Ponnapalli Village, Cherukupalli Mandal, Bapatla District, without issuing any prior notice or opportunity. 3. It is contended that the petitioners have been in occupation of the subject lands and have made their shelter there, eking out their livelihood through agricultural operations. However, the respondents, without recourse to any procedure under law, are insisting that the petitioners vacate the subject lands. Further contends that the respondents have even resorted to demolishing the residential houses constructed without any notice. 4. Having regard to the contentions advanced, this Court deems it appropriate to dispose of the Writ Petition directing the respondent No.4 to issue notice under Section 83(2) of the Andhra Pradesh Charitable and Hindu 4 Religious Institutions and Endowments Act, 1987 before passing the order of eviction against the petitioners. After issuance of the said notice, the respondents shall pass appropriate orders within a period of eight (08) weeks in accordance with law after providing an opportunity of hearing to the petitioners. 5. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 08.01.2026 MSI 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 935/2026 Dated: 08.01.2026 MSI