APHC010175122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9771/2026 Between: 1. KALAVALA SUJANA RANI, W/O. K. SATYANARAYANA AGED ABOUT 50 YEARS, R/O.D.NO.4/739, C.B.ROAD, TADIPATRI, ANANTHAPURAM DISTRICT, ANDHRA PRADESH - 545411. 2 2. . KANCHARLA KAMBAGIRI SWAMY,, S/O.K. KONDAPPA, AGED ABOUT 58 YEARS, R/O.D.NO.4/868, THIKKARAMAYYA MATAM, TADIPATRI, ANANTHAPURAM DISTRICT, A.P - 545411. 3. CHOWDAM BHAGYALAKSHMI, W/O. CH. SUBBANNA, AGED ABOUT 50 YEARS,R/O.D.NO.4/889, RAGITHOTAPALEM TADIPATRI, ANANTHAPURAM DISTRICT, A.P - 545411. 4. TELIKI PEDDA HUSSAIN, S/O. LATE TELIKI NAGAPPA AGED ABOUT 58 YEARS, R/O.D.NO.4/894, RAGITHOTAPALEM, TADIPATRI, ANANTHAPURAM DISTRICT, ANDHRA PRADESH - 545411. 5. M. NARASIMHULU,, S/O.M.KESANNA, AGED ABOUT 50 YEARS, R/O.D.NO.4/888, RAGITHOTAPALEM, TADIPATRI, ANANTHAPURAM DISTRICT, A.P - 545411. 6. VADDI BHAGYALAXMI,, W/O. LATE VADDI OBULESU, AGED ABOUT 54 YEARS, R/O.D.NO.4/899, RAGITHOTAPALEM, TADIPATRI, ANANTHAPURAM DISTRICT, A.P - 545411. 7. 7. KANCHARLA RAMANJANEYULU,, S/O. K. VIJAYA KRISHNAMURTHY, AGED ABOUT 37 YEARS, R/O.D.NO.4/866 RAGITHOTAPALEM, TADIPATRI, ANANTHAPURAM DISTRICT, A.P 2 - 545411. 8. 8. PUJARI ROOPAVANI,, W/O. P. KESAVULU AGED ABOUT 46 YEARS, R/O.D.NO.4/892, RAGITHOTAPALEM, TADIPATRI, ANANTHAPURAM DISTRICT, A.P - 545411. 9. JINKA RANGAPPA,, S/O. LATE J. BALACHANDRAYUDU AGED ABOUT 49 YEARS, R/O.D.NO.4/869, RAGITHOTAPALEM, TADIPATRI, ANANTHAPURAM DISTRICT, A.P - 545411. 10. P. SREENIVASULU,, S/O. P. LAKSHMINARAYANA AGED ABOUT 52 YEARS, R/O.D.NO.4/892, THIKKARAMAYYA MATAM, TADIPATRI, ANANTHAPURAM DISTRICT, A.P - 545411. ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY ENDOWMENT DEPARTMENT, A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH-522239 2. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH-522239. 3. TADIPATRI MUNICIPALITY, REP. BY ITS COMMISSIONER, TADIPATRI, ANANTAPUR DISTRICT, ANDHRA PRADESH - 515411. 4. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, ROAD NO. 1, GANGA NAGAR, ANANTAPUR DISTRICT, A.P. - 515004 5. THE ASSISTANT COMNNISSIONER, ENDOWMENTS DEPARTMENT, ROAD NO. 1, GANGA NAGAR, ANANTAPUR DISTRICT, A.P. - 515004. 6. THE DISTRICT ENDOWMENT OFFICER, ENDOWMENTS DEPARTMENT, ROAD NO.1, GANGA NAGAR, ANANTHAPURAMU DISTRICT, A.P.515004. 7. THE EXECUTIVE OFFICER, ENDOWMENTS DEPARTMENT, TADIPATRI, ANANTAPUR DISTRICT, ANDHRA PRADESH - 515411. ...RESPONDENT(S): 3 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 topleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS challenging the action of the 4THto 7TH Respondents herein in trying to interfere with the Petitioners peaceful possession and demolish the Petitioners properties bearing D.No.4/884, D.No.4/868, D.No.4/889, D.No.4/890, D.No.4/890-1 D.No.4/894, D.No.4/888, D.No.4/899, D.No.4/868, D.No.4/892-2, D.No.4/869, D.No.4/892 i.e.. Subject Properties situated in Tadipatri Municipality, Tadipatri Town, Ananthapuram District, A.P i.e., Subject Properties, without issuing any notice, without considering dated.27.02.2026, as illegal, arbitrary, contrary to principles of Natural Justice, provisions of the Andhra Pradesh Municipalities Act, 1965 and the Andhra Pradesh Charitable And Hindu Religious Institutions And Endowments Act, 1987 besides being violative of Articles 14, 21 and 300(A) of the Constitution of India and consequently direct the respondents herein not to interfere with the peaceful possession and enjoyment of the Petitioners subject properties i.e. D.No.4/884, D.No.4/868, D.No.4/889, D.No.4/890, D.No.4/890-1, D.No.4/894, D.No.4/888, D.No.4/899, D.No.4/868, D.No.4/892- 2, D.No.4/869, D.No.4/892 i.e.. Subject Properties situated in Tadipatri Municipality, Tadipatri Town, Ananthapuram District, A.P, without following due process of law 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 pleased to DIRECT the Respondents herein not to interfere and evict the Petitioners herein from their peaceful possession and enjoyment of their subject properties i.e. D.No.4/884, D.No.4/890-1 D.No.4/868, D.No.4/894, D.No.4/868, D.No.4/892-2, D.No.4/869, D.No.4/892 i.e.. Subject Properties situated in Tadipatri Municipality, Tadipatri Town, Ananthapuram District, A.P. pending disposal of the present writ proceedings and pass Counsel for the Petitioner(S): 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9771/2026 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus challenging the action of the 4thto 7th respondents herein in trying to interfere with the Petitioners peaceful possession and demolish the Petitioners properties bearing D.No.4/884, D.No.4/868, D.No.4/889, D.No.4/890, D.No.4/890-1 D.No.4/894, D.No.4/888, D.No.4/899, D.No.4/868, D.No.4/892-2, D.No.4/869, D.No.4/892 i.e.. Subject Properties situated in Tadipatri Municipality, Tadipatri Town, Ananthapuram District, A.P i.e., Subject Properties, without issuing any notice, without considering the petitioners representation dated 27.02.2026, as illegal, arbitrary, contrary to principles of Natural Justice, provisions of the Andhra Pradesh Municipalities Act, 1965 and the Andhra Pradesh Charitable And Hindu Religious Institutions And Endowments Act, 1987 besides being violative of Articles 14, 21 and 300(A) of the Constitution of India and consequently direct the respondents herein not to interfere with the peaceful possession and enjoyment of the Petitioners subject properties i.e. D.No.4/884, D.No.4/868, D.No.4/889, D.No.4/890, D.No.4/890-1, D.No.4/894, D.No.4/888, D.No.4/899, D.No.4/868, D.No.4/892-2, D.No.4/869, D.No.4/892 i.e.. Subject Properties situated in Tadipatri Municipality, Tadipatri Town, Ananthapuram District, A.P, without following due process of law and pass such other order.” 2. Heard learned counsel for the petitioners and learned Government Pleader and the learned Standing Counsel for the respondents. 3. Learned counsel for the petitioners submits that the petitioners are absolute owners and possessors of their respective 5 extent of house sites having acquired through separate registered sale deeds. The further case of the petitioners is that the petitioners have been acquired the subject properties through registered sale deeds and their vendors acquired the subject properties three decades ago and some are acquired six decades ago. The acquisition of subject properties have been continuing from one person to another person and registering all documents pursuant to the acquisition also happening from six decades, but in the year 2024-2025, respondent No.7 is claiming that the subject properties as its properties and the entire land in survey No.550-C was registered by Section 38 register and later Section 43 register maintained under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (herein after referred as ‘Act, 1987’). But without following due process of law the respondents are trying to interfere with the title and peaceful possession of the petitioners. While so, the respondents have marked the properties in red on 25.02.2026. Moreover, all the petitioners herein have submitted their respective explanations along with the documents under which they acquired their respective properties. But without considering the subject explanations as well as documents submitted by the petitioners, the respondents are trying to evict the petitioners without observing the principles of 6 natural justice as well as due process as contemplated under Section 83 of the Endowments Act, 1987. Hence, the writ petition. 4. On the other hand, learned Standing Counsel for respondent No.7 furnished written instructions issued by the Assistant Commissioner Endowments dated 01.04.2026, wherein it is stated as under: “The Executive Officer, Endowment department Tadipatri has addressed to the then Municipal Commissioner, Tadipatri and Tahsildar, Tadipatri for survey of the lands belonging to Sri Avadutha Thikka Ramaiah Matam in revenue ward No.4 of Tadipatri to an extent of 2.82 Acres in Survey No.550-C in Ragitotapalem in Revenue ward No.04 of Tadipatri. After conducting initial survey and verifying of the connected records the Tahsildar, Tadipatri has informed to the Revenue Divisional Officer, Anantapuramu that as per village account the land in Sy.No.550-C extent 2.82 Acres of Tadipatri town belongs to Sri Avadutha Thikka Ramaiah Matam of Ragitotapalem in revenue ward No.4 of Tadipatri town. According to document No.1280/1927 Dt.29- 06-1927, the land owner Sri Kuntumalli Narayana S/o.K.Yallaiahgari Rangaiah has donated the land for construction of Sri Avadutha Thikka Ramaiah Matam of Ragitotapalem in revenue ward No.4 of Tadipatri town. Subsequently the land owner has also donated the profits approved of the land in favor of Sri Avadutha Thikka Ramaiah Matam. The Revenue Authorities has enquired the matter and found that 7 some illegal land transactions were made and false position certificates were issued to the some un- authorized persons and necessary follow-up action is being taken by the Revenue department for cancellation of said certificates after due following the procedure. Further The Executive Officer Group of Temples, Tadipatri has issued notices to all the encroachers about 203 members under Section 83(2) of Act 30/87 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowment Act, 1987 for vacation of the encroached Endowments land in Sy.No.550-C an Extent 2.82 cents belonging to Sri Avadutha Thikka Ramaiah Matam, Ragitotapalem in Tadipatri town. Hence without issuing of notice and informing to the petitioner is not correct to state.” 5. The instructions are not clear when notices were issued. 6. Considering the submissions made by learned counsel for all the parties and on perusal of the material placed on record, it is observed that the petitioners have been in possession and enjoyment of the subject properties pursuant to the acquisition through registered sale deeds. It is further observed that the subject acquisition has been continuing in respect of subject properties since 1966. What may be the reasons best known to the respondents, the 7th respondent never claimed that the subject properties which are in occupation and possession of the petitioners as its properties for all these decades. It seems that the petitioners got constructed 8 residential houses thereupon and they have been living in their respective residential houses. While the matter stood thus, the respondents especially respondent No.7 claiming that the subject properties were donated in its favour by one Kuntumalli Narayana in the year 1927 vide document No.1280/1927 dated 29.06.1927. It is not out of the case to mention herein that even though the respondent No.7 was conferred the subject property by way of registered title deed, but all these decades neither any action was initiated nor filed any legal proceedings before the appropriate forum. 7. In view of the settled possession of the property by the petitioners, the respondents shall follow due process of law as required under Section 83 of the Act, 1987. The petitioners already submitted explanation on 27.02.2026 in view of the red marking given by the respondents herein and according to the petitioners no notices were received. However, if the respondents served notices against the petitioners in the earlier occasion let, the respondents repeat the notice again to the petitioners or otherwise the respondents shall issue fresh notice and follow due process of law as contemplated under Section 83 of the Act, 1987. Hereafter without following due process of law, the respondents are directed not to interfere with the peaceful possession and enjoyment of the properties of the petitioners. 9 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 17.04.2026 TTPPSS 10 92 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9771/2026 17.04.2026 TTPPSS