APHC010806952014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15742/2014 Between: 1. POLAMADA VENKATA RAMANA CHARYULU,, S/O RANGACHARYULU, HINDU, AGE: 50 YEARS, OCC: ARCHAKA OF SRI LAXMI CHENNAKESAVA SWAMY VARI TEMPLE, OWK VILLAGE & MANDAL, KURNOOL DISTRICT. 2. CHAGANTI NARASIMHA CHARYULU,, S/O VENKATACHARYULU, HINDU, AGE: 45 YEARS, OCC; ARCHAKA OF SRI LAXMI CHENNAKESAVA SWAMY VARI TEMPLE, OWK VILLAGE & MANDAL, KURNOOL DISTRICT. ...PETITIONER(S) AND 1. THE COMMISSIONER ENDOWMENTS DEPARTMENT, BOGGULAKUNTA, ABIDS, ANDHRA PRADESH, HYDERABAD. 2. THE ASST COMMISSIONER ENDOWMENTS DEPARTMENT, KURNOOL, KURNOOL 3. THE EXECUTIVE OFFICER / MANAGER, GROUP TEMPLES-1, KOILKUNTLA VILLAGE & MANDAL, KURNOOL 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 toto 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 interfere with the Petitioners' peaceful possession and enjoyment over the 2 lands in Sy.No. 288 in an extent of Ac. 0-34 Cents, Sy.No. 290/2 in an extent of Ac. 5-01 Cents, Sy.No. 306 in an extent of Ac. 13-15 Cents, Sy.No. 310 in an extent of Ac. 17-02 Cents, Sy.No. 811 in an extent of Ac. 6-11 Cents, Sy.No. 1565/2 in an extent of Ac. 1-35 Cents, Sy.No. 1588/1 in an extent of Ac. 146 Cents, Sy.No. 1588/3 in an extent of Ac. 1-18 Cents and Sy.No. 1596/1 in an extent of Ac. 8-95 Cents situated at Owk Village and Mandal, Kurnool District is illegally, irregular, highhanded, arbitrary, unfair, unconstitutional, against to the principles of natural justice and without power or authority and contra to the provisions of A.P. Charitable and Hindu Religious Institutions & Endowments Act, 1987 and its rules and in violation of Articles 14, 19, 21 and 300-A of Constitution of India, consequently direct the Respondents not to interfere with the Petitioners' possession and enjoyment over the lands in Sy.No. 288 in an extent of Ac. 0-34 Cents, Sy.No. 290/2 in an extent of Ac. 5-01 Cents, Sy.No. 306 in an extent of Ac. 13-15 Cents, Sy.No. 310 in an extent of Ac. 17-02 Cents, Sy.No. 811 in an extent of Ac. 6- 11 Cents, Sy.No. 1565/2 in an extent of Ac. 1-35 Cents, Sy.No. 1588/1 in an extent of Ac. 1-46 Cents, Sy.No. 1588/3 in an extent of Ac. 1-18 Cents and Sy.No. 1596/1 in an extent of Ac. 8-95 Cents situated at Owk Village and Mandal, Kurnool District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2014(WPMP 19509 OF 2014 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' possession and enjoyment over the lands in Sy.No. 288 in an extent of Ac. 0-34 Cents, Sy.No. 290/2 in an extent of Ac. 5-01 Cents, Sy.No. 306 in an extent of Ac. 13-15 Cents, Sy.No. 310 in an extent of Ac. 17-02 Cents, Sy.No. 811 in an extent of Ac. 6-11 Cents, Sy.No. 1565/2 in an extent of Ac. 1-35 Cents, Sy.No. 1588/1 in an extent of Ac. 1-46 Cents, Sy.No. 1588/3 in an extent of Ac. 1-18 Cents and Sy.No. 1596/1 in an extent of Ac. 8-95 Cents situated at Owk Village and Mandal, Kurnool District, pending disposal of the Writ Petition and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner(S): 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 3 1. V T M PRASAD 2. GP FOR ENDOWMENTS The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15742/2014 O R D E R: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a Writ of Mandamus declaring the action of the respondents in trying to interfere with the petitioners' peaceful possession and enjoyment over the lands in Sy.No.288 in an extent of Ac.0.34 Cents, Sy.No.290/2 in an extent of Ac.5.01 Cents, Sy.No.306 in an extent of Ac.13.15 Cents, Sy.No.310 in an extent of Ac.17.02 Cents, Sy.No.811 in an extent of Ac.6.11 Cents, Sy.No.1565/2 in an extent of Ac.1.35 Cents, Sy.No.1588/1 in an extent of Ac.1.46 Cents, Sy.No.1588/3 in an extent of Ac.1.18 Cents and Sy.No.1596/1 in an extent of Ac.8.95 Cents situated at Owk Village and Mandal, Kurnool District is illegally, irregular, highhanded, arbitrary, unfair, unconstitutional, against to the principles of natural justice and without power or authority and contra to the provisions of A.P. Charitable and Hindu Religious Institutions & Endowments Act, 1987 and its rules and in violation of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the petitioners' possession and enjoyment over the lands in Sy.No.288 in an extent of Ac.0.34 Cents, Sy.No.290/2 in an extent of Ac.5.01 Cents, Sy.No.306 in an extent of Ac.13.15 Cents, Sy.No.310 in an extent of Ac.17.02 Cents, Sy.No.811 in an extent of Ac.6.11 Cents, Sy.No.1565/2 in an extent of Ac.1.35 Cents, Sy.No.1588/1 in an extent of Ac.1.46 Cents, Sy.No.1588/3 in an extent of Ac.1.18 Cents and Sy.No.1596/1 in an extent of Ac.8.95 Cents situated at Owk Village and Mandal, Kurnool District and pass such other order. 2. Heard learned counsel for the petitioners and learned Government Pleader for the respondents. 3. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondent 5 authorities not to interfere with the peaceful possession and enjoyment of the subject properties of the petitioners without following due process of law. 4. Learned Government Pleader for the respondents submits that, if the petitioners are in possession of the subject properties, the respondents would follow due process of law and requested to pass appropriate orders. 5. When the petitioners are in settled possession and enjoyment of the properties, the petitioners cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “RameGowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1”. Therefore, if the petitioners are in possession of the subject properties, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject properties of the petitioners, except by due process of law. 6. With the above direction, the Writ Petition is disposed of, with the consent of both the learned counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 09.02.2026 TPS 12004 (1) SCC 769 6 160 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:15742/2014 09.02.2026 TPS