Neutral Citation:__________ Date of reserved for orders : -- Date of pronouncement : 29.06.2026 Date of uploading : APHC010318962026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE 29th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 16932/2026 Between: 1. NAMMI RAMANA, S/O. NAMMI BANGARAYYA AGED 45 YEARS, R/6. D. NO. 4-121, MUDDADAPETA, BHEEMUNIPATNAM MANDALAM, DAKAMARRI PO, VISAKHAPATNAMDISTRICT. 2. KADAGALA NARAYANARAO, , S/O. K. LAKSHMANA RAO LATE AGED 35 YEARS, R/O. APHB, NEAR MIG COLONY, BABAMETTA KHADHAR NAGAR, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 3. PENRA RAMULAMMA,, W/O. APPANNA, AGED 41 YEARS, R/O. D. NO. 22-2-290, ASHOK NAGAR, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 4. ASANALA PAIDIRAJU, , S/O. RAMULU, AGED 51 YEARS, D. NO. 22-2-152, ASHOK NAGAR, ASHOK NAGAR, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 5. KORADA HARISH,, S/P. KORADA APPALA NAIDU, AGED 30 YEARS, R/O. D. NO. 21-4-31-A, BUDIVADA VIZIANAGARAM, VIZIANAGARAM DISTRICT. 6. TALABATTULA RAGHURAM,, AGED 51 YEARS, R/O. D. NO. 8-31- 169, ARLE STREET, THOTAPALEM POST, VIZIANAGARAM, 2 VIZIANAGARAM DISTRICT. 7. YAJJIPURAPU GOPI,, S/O. Y. PRABHAKARARAO, AGED 54 YEARS, R/O. D. NO. 22-7-6, ABADH STREET, ANBATISATHRAM, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 8. KORADA JAYARAM,, AGED 57 YEARS, R/O. NEAR KALIMATHA MANDIR, KHADAR NAGAR, BABAMETTA, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 9. YAJIPURAPU KALAVATHI, , W/O. YAJIPURAPU RAMANA, AGED 50 YEARS, R/O. H. NO. 1-34, ATMARAMUNI AGRAHARAM A. T. AGRAHARAM, NELLIMARLA, VIZIANAGARAM DISTRICT 10. YAJIPURAPU RAMANA,, S/O. Y. APPALA NARASAYYA, AGED 52 YEARS, R/O. H. NO. 1-34, ATMARAMUNI AGRAHARAM A. T. AGRAHARAM, NELLIMARLA, VIZIANAGARAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT-521225 3. THE DEPUTY COMMISSIONER, ENDOWMENTS DEPARTMENT, TURNERS CHOULTRY MAIN ROAD, MAHARANIPETA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT-530002 4. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, TURNERS CHOULTRY MAIN ROAD, MAHARANIPETA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT-530002 5. SRI NEELAYYAMMA CHOULTRY, REP. BY ITS EXECUTIVE OFFICER, DAKAMARRI VILLAGE, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT-531162 ...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 tobe pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 3 to 5 in trying to dispossess the petitioners from their respective shops situated at Dakamarri Village, Bheemunipatnam Mandal, Visakhapatnam District without issuing any notice and without following the due procedure established under the law as illegal, arbitrary. capricious and violative of fundamental rights guaranteed under the articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the respondent No. 3 to 5 not to dispossess the petitioners from their respective shops and pass such 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 may be pleased to direct the Respondent Nos. 3 to 5 not to dispossess the petitioners from their respective shops situated at Dakamarri Village, Bheemunipatnam Mandal, Visakhapatnam District, pending disposal of the above Writ Petition and pass such Counsel for the Petitioner(S): 1. HARINADH NIDAMANURI Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.16932 of 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ of Mandamus declaring action of the respondent Nos.3 to 5 in trying to dispossess the petitioners from their respective shops situated at Dakamarri village, Bheemunipatnam Mandal, Visakhapatnam District without issuing any notice and without following the due procedure established under the law as illegal, arbitrary, and violative of Articles 14, 19(1)(g) and 21 of Constitution of India and Consequently, direct the Respondent Nos.3 to 5 not to dispossess the petitioners from their respective shops and pass such other order.…” 2. Heard Sri Harinadh Nidamanuri, learned counsel for the petitioners and the learned Government Pleader for Endowments appearing on behalf of respondents. 3. It is the case of the petitioners that the petitioners have been running petty shops in the 5th respondent premises for the past several years and they have been paying rent in relation to the said petty shops. They have been continuing in the said petty shops without there being any demur and the respondent authorities have allowed them to continue their businesses in the said petty shops by collecting the rents on a monthly basis. 4. It is the further case of the petitioners that on 08.06.2026, the respondent authorities have come down to their shops with police force and 5 tried to dispossess them from the said petty shops without giving any notices and without following due procedure. The petitioners requested the respondents stating that they are running petty shops and that is their only livelihood for their marginal families and they have been paying the monthly rents without fail and allow them to continue in the said petty shops. 5. Therefore, the present writ petition has been filed seeking a direction to the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of the said petty shops without following due process of law. 6. Learned counsel for the petitioners submits that the respondents are trying to evict the petitioners from the above said petty shops without following the procedure as outlined under Section 83 (10) of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter for short ‘Act No.30 of 1987’). 7. A procedure is envisaged under Section 83 (2) of the Act No.30 of 1987 for removal of encroachments. The Executive Officer of the Charitable or Religious Institution or Endowment or the Assistant Commissioner or any authority higher in rank thereof, shall, by notice, require the encroacher to remove the encroachments. The encroacher is also entitled to submit reply/explanation to such notice within one week from the date of receipt of such notice and after submitting such explanation by the encroacher, the authority shall consider and pass appropriate orders. 6 8. Under Section 83(6) of the Act No.30 of 1987, any person aggrieved by the orders passed by the authority under Section 83(2) of the Act No.30 of 1987, shall have a right of appeal to the Endowments Tribunal within fifteen days from the date of receipt of the said orders. As a procedure has been outlined in Section 83 of the Act No.30 of 1987 for removal of the encroachments, the respondent authorities cannot forcibly evict the petitioners from the said petty shops. 9. Therefore, the present Writ Petition is disposed of at the admission stage, with the consent of both the learned counsel, directing the respondent authorities not to evict the petitioners from the said petty shops without following the procedure as stipulated under Section 83 of the Act No.30 of 1987. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 29.06.2026 sj Whether the order is: Speaking √ Reasoned Reportable Non-reportable 7 87 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.16932 of 2026 29.06.2026 ssjj