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2026 DAILYLAW 4404 (AP)

Bhagavatula Charitable Trust v. The State of Andhra Pradesh

WP/17353/2026 · 2026-07-05

B S Bhanumathi

body2026

Judgment text

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Date of reserved for orders :- Date of pronouncement : 06.07.2026 Date of uploading : APHC010330702026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the 6th day of July, 2026 Present The Honourable Ms. Justice B. S. Bhanumathi Writ Petition No: 17353 of 2026 Between: Bhagavatula Charitable Trust ...Petitioner and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner: 1. N. Ashwani Kumar Counsel for the respondents: 1. G.P. for Revenue The Court made the following: 2 BSB,J W.P.No.17353 of 2026 ORDER: The writ petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…to issue a writ of mandamus or any other appropriate writ, order or direction, declaring the action of the respondents, more particularly the action of the respondent No. 6 herein in issuing proceedings vide Rc.No.162/2021/ja/Date:25.06.2026 directing the petitioner trust to hand over possession of the land admeasuring Ac. 50.00 cents comprising Ac. 16.60 cents in Sy. No. 149, Ac. 16.77 cents in Sy. No. 150 and Ac. 8.22 cents in Sy. No. 156 of Haripuram Village, and Ac. 8.41 cents in Sy. No. 64 of Panchadarla Village, Rambilli Mandal, Anakapalli District, within seven days from the date of receipt of the said notice without considering the petitioner’s pending request for extension of lease / allotment of the subject lands and without communicating any final reasoned speaking order of the respondent No. 3 herein pursuant to the order of this Court dated 22.06.2026 in W.P. No. 15087 of 2026, and without affording reasonable opportunity of hearing to the petitioner, as being illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the same and direct the respondents not to interfere with the peaceful possession of the petitioner trust over the subject lands except in accordance with law and pass…” 2. The case of the petitioner is, stated briefly, as follows: a. The petitioner is in possession and enjoyment of the land admeasuring Ac. 50.00 cents comprising Ac. 16.60 cents in Sy. No. 149, Ac. 16.77 cents in Sy. No. 150 and Ac. 8.22 cents in Sy. No. 156 of Haripuram Village, and Ac. 8.41 cents in Sy. No. 64 of Panchadarla 3 BSB,J W.P.No.17353 of 2026 Village, Rambilli Mandal, Anakapalli District. Upon expiry of the lease period, the petitioner submitted a representation dated 19.02.2015 for extension of lease period which was still pending before the respondents. Without considering the representation of the petitioner, the respondents are trying to initiate proceedings for dispossession with regard to the subject land. As such, W.P. No. 15087 of 2026 was filed by the petitioner for disposal of the pending representation of the petitioner before the respondents. b. The writ petition was disposed on 22.06.2026 directing the respondent No. 3 to dispose of the representation of the petitioner dated 22.12.2025 by passing a speaking order. In spite of order of this Court, the impugned notice was issued by the respondent No. 6 vide Rc.No.162 / 2021 / ja / Date: 25.06.2026, directing the petitioner to handover the possession of the subject land to the government. Hence, this writ petition was filed. 3. The learned Government Pleader for Revenue submitted that due to some misunderstanding of the communication of the order of this Court dated 22.06.2026 in W.P. No. 15087 of 2026, the impugned notice dated 25.06.2026 had been issued, however, since order copy had been received by the respondents, they would strictly follow the direction in the order. 4. The learned counsel for the petitioner submitted that the inaction of the respondents was repeated several times and the representation of the petitioner directed to be considered is still pending, but the impugned notice was deliberately issued against the order of this Court dated 22.06.2026. 5. In reply, the learned Government Pleader for Revenue requested to dispose of the writ petition as the respondents would not press for the 4 BSB,J W.P.No.17353 of 2026 notice and take further steps afresh as per the order of this Court dated 22.06.2026 in the above said writ petition. 6. Accordingly, the writ petition is allowed by setting aside the impugned notice of the respondent No. 6 vide Rc.No.162/2021/ja/Date: 25.06.2026. It is further directed that the direction dated 22.06.2026 in W.P. No. 15087 of 2026 shall be expeditiously complied within a period of one (01) month from the date of receipt of copy of this order. Till such time, status quo shall be maintained with regard to the subject land. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S. BHANUMATHI Dated: 06.07.2026 Issue C.C. by 08.07.2026 b/o NSM Whether the order is: Speaking Reasoned Reportable Non-reportable 5 BSB,J W.P.No.17353 of 2026 75 The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 17353 of 2026 Dated: 06.07.2026 Issue C.C. by 08.07.2026 b/o NSM