APHC010014592026 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: 937/2026 Between: 1. KUNCHALA YEDUKONDALA REDDY, S/O. GANGA REDDY, AGED ABOUT 59 YEARS, OCC. CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. 2. KUNCHALA MASTAN REDDY,, S/O. GANGA REDDY, AGED ABOUT 62 YEARS, OCC. CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT.KUNCHALA MASTAN REDDY, 3. SAMMETA SRINIVSA REDDY,, S/O. ADI REDDY AGED ABOUT 42 YEARS, OCC. CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. 4. NAGU BASI REDDY,, S/O. CHENNA REDDY, AGED ABOUT 59 YEARS, OCC. CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. 5. PARISA RAMABABU REDDY,, S/O. SUBBA REDDY AGED ABOUT 36 YEARS, OCC. CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. 6. . DONTHBOINA VENKATESWARLU REDDY,, S/O. VENKATESWARA REDDY AGED ABOUT 72 YEARS, OCC. CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. 7. DONTHABOINA CHANDRA SRINIVAS REDDY,, S/O. VENKATESWARA REDDY, AGED ABOUT 39 YEARS, OCC. CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI 2 MANDAL, BAPATLA DISTRICT. 8. KUNCHALA SUJATHA,, W/O .K. SRINIVAS REDDY, AGED ABOUT 39 YEARS, OCC. CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. 9. PITTU SRINIVAS REDDY,, S/O. PAPI REDDY, AGED ABOUT 55 YEARS, OCC. CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. 10. KUNCHALA RAMA KRISHNA REDDY,, S/O. SOMI REDDY, AGED ABOUT 40 YEARS, OCC. CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. 11. ANUMOLU SUBBA REDDY,, S/O. KRISHNA REDDY, AGED ABOUT 59 YEARS, OCC. CULTIVATION, R/O. PONNAPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, 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, BAPATLA 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 declaring the impugned orders, dated 23-12-2025 (though it is styled as notice) issued by the 4th Respondent to the petitioners in directing the petitioners to remove the petitioners residential houses situated in Sy.No.122 admeasuring ranging from 10 to 20 cents each out of total extent of Ac.8-76 cents situated in Ponnapalli Village, Cherukupalli Mandal, Bapatla District and handover the same to the 4th respondent within 3 15 days from the date of receipt of copy of the notice without having any power or authority and without jurisdiction., as illegal, arbitrary and Unconstitutional., and consequently set-a-side the impugned notices, dated 23-12-2025 issued by the 4th Respondent with a direction to 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 10 to 20 cents each out of total extent of Ac.8-76 cents situated in Ponnapalli Village, Cherukupalli Mandal, Bapatla District by dispossession/demolition or otherwise and pass 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 to suspend the operation of the impugned notices, dated 23-12-2025 issued by the 4th Respondent to the petitioners 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 subject writ petition is to the proceedings of the respondent No.4, dated 23.12.2025 requiring the petitioner to vacate from 4 the subject premises of an extent of Ac.8.76 cents, Sy.No.122, Ponnapalli Village, Cherukupalli Mandal, Bapatla District. 3. The contention of the petitioners is that the respondents have not granted any opportunity to submit their explanation to the impugned proceedings as provided under Section 83(2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. 4. Learned counsel for the petitioners submits that in 2016, the similar notice was issued to the petitioners and the same was challenged by way of a Writ Petition No.18565 of 2016. The said writ petition was disposed of on 08.11.2024 granting liberty to the respondents to take steps in accordance with law until then the respondents were directed not to take any coercive steps against the petitioners. Pursuant to the said order, the impugned proceedings have been issued without providing any opportunity to the petitioners to put forth their case. A perusal of the impugned proceedings would reflect that the eviction proceedings were passed without providing any opportunity to the petitioner. 5. Having regard to the contentions advanced, this Court deems it appropriate to dispose of the Writ Petition by setting aside the impugned proceedings, dated 23.12.2025 and the respondent No.4 is granted liberty to issue notice under Section 83(2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 before passing the order of eviction against the petitioners. Upon issuance of the said notice, the 5 respondents shall pass appropriate orders within a period of eight (08) weeks from the date of receipt of this order in accordance with law. 6. 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 6 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 937/2026 Dated: 08.01.2026 MSI