::1:: APHC010662902009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20697/2009 Between: 1. ADDURI SATTEBBAYI, S/O.PALLA RAO CULTIVATION R/O.KANDRADA VILLAGE PITHAPURAM MANDAL, EAST GODAVARI DISTRICT ...PETITIONER AND 1. SHRI BALABHADRA SUBHADRA SAMETHA JAGANNATHA SWAMY, TEMPLE, C/O.TTD KALYAN MANDAPAM, PITHAPURAM EAST GODAVARI DISTRICT 2. SHRI BALABHADRA SUBHADRA SAMETHA JAGANNATHA SWAMY, TEMPLE, PURI, ORISSA STATE 3. SHRI TIRUMALA TIRUPATHI DEVASTHANAMS REP BY ITS, EXECUTIVE OFFICER, TIRUPATHI, CHITTOOR DISTRICT 4. SHRI BALABHADRA SUBHADRA SAMETHA JAGANNATHA SWAMY, TEMPLE, REP.BY ITS MANAGING TRUSTEEE, PITHAPURAM EAST GODAVARI DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the ::2:: High Court may be pleased toto issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus directing the respondents to consider the case of the petitioner U/s.82(2) and U/s. 87 of the AP Charitable and Hindu Religious Endowments Act,1987 and consequentially continue the petitioner as tenant till the dispute resolves between the respondents with regard to ownership in respect of Ac.2.38 cents in S.no.51`-13/B situated in Kandrada village, Pithapuram Mandal, East Godavari District and to pass Counsel for the Petitioner: 1. K SUBRAHMANYAM Counsel for the Respondent(S): 1. KAPPERA KOTESWARA RAO SC for Endowments,AP Region. 2. V R N PRASHANTH ::3:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.20697 of 2009 This Court made the following ORDER: Heard learned counsel for the petitioner and learned Standing Counsel for Respondents and perused the material placed on record. 2. Learned counsel for the petitioner submits that the petitioner is in peaceful possession and enjoyment of the property to an extent of Ac.2.38 cents in Sy.No.51-13/B situated in Kandrada Village, Pithapuram Mandal, East Godavari District since decades as the petitioner was granted oral lease by the 1st Respondent – Temple in respect of the subject land. Therefore, in view of the oral lease the petitioner has been continuing as a tenant. While things stood thus, the 1st Respondent temple is trying to dispossess the petitioner without following due procedure. Hence the present Writ Petition. 3. On the other hand, learned Standing Counsel for 1st Respondent temple submits that the petitioner is neither ::4:: leaseholder nor inamdar for rendering any service to the 1st Respondent and he is only an unauthorised occupant on the guise of oral lease without there being any proceedings to that effect. Therefore, the petitioner herein can be evicted in accordance with law by following due procedure as contemplated under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and Rules made thereunder. 4. It is an admitted fact that the petitioner has been continuing the possession and enjoyment of the subject property as a tenant pursuant to the alleged oral lease said to have been granted in favour of the petitioner. Whereas learned Standing Counsel for Respondent denied any such permission or oral lease in favour of the petitioner. As contended by learned Standing Counsel, the 1st Respondent Temple is at liberty to proceed further in accordance with law to protect its land by taking steps for eviction of the petitioner by following due procedure as per law. 5. In view of the reasons stated as above, this Court is of the considered view that this Writ Petition can be disposed of giving liberty to the respondent authorities to initiate appropriate ::5:: proceedings for eviction of the petitioner from the subject land and by following due process of law as contemplated under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and Rules made thereunder. 6. With the above direction, the writ petition is disposed of. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J DT: 16.02.2026 krk ::6:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.20697 of 2009 DT: 16.02.2026 krk 90