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2026 DAILYLAW 6976 (AP)

Syed Abdul Aziz v. The State of Andhra Pradesh

WP/20466/2026 · 2026-07-26

Tarlada Rajasekhar Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010382642026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE 27th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20466/2026 Between: 1. SYED ABDUL AZIZ, S/O ABDUL HAFIZ, AGED ABOUT 62 YEARS, R/O 5-20/1, SEETHARAMPURAM, OPP. SBI, JAGGAIAHPET, NTR DISTRICT - 521175. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY (ENDOWMENTS), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI - 522238. 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA -521225. 3. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, NTR DISTRICT, VIJAYAWADA - 520011 4. SRI RANGANAYAKA SWAMY TEMPLE, REP. BY IT'S EXECUTIVE OFFICER, JAGGAIAHPETA TOWN AND MANDALAM, NTR DISTRICT -521175. ...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 to issue WRIT OF MANDAMUS or any other appropriate Writ, Order or direction to DECLARE the proceedings in Lr. No. 1/2026 dated 08.07.2026 by the 4th respondent purportedly issued directing me to vacate and handover 2 the possession of the property admeasuring an extent of Ac. 1-07 cents situated in Sy. No. 362/1 of Jaggaiahpeta town and mandalam, NTR district (the description and necessary details for identifying the property are not provided in the proceedings), as illegal, arbitrary, void ab initio, violative of principles of natural justice, violative of provisions of AP Charitable and Hindu Religious Institutions and Endowments Act, 1987 and contrary to Articles 14 and 300-A of Constitution of India and consequently, SET-ASIDE the proceedings in Lr. No. 1/2026 dated 08.07.2026 by the 4th respondent, in the interest of justice and 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 SUSPEND the operation of the proceedings in Lr. No. 1/2026 dated 08.07.2026 by the 4h respondent including the interference with my possession of the subject property admeasuring an extent of Ac. 1-07 cents situated in Sy. No. 362/1 of Jaggaiahpeta town & mandalam, NTR district, in the interest of justice and pass Counsel for the Petitioner: 1. J.V.PHANIDUTH Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.20466 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue WRIT OF MANDAMUS or any other appropriate Writ, Order or direction to DECLARE the proceedings in Lr.No.1/2026 dated 08.07.2026 by the 4th respondent purportedly issued directing me to vacate and handover the possession of the property admeasuring an extent of Ac.1-07 cents situated in Sy.No.362/1 of Jaggaiahpeta town and mandalam, NTR district (the description and necessary details for identifying the property are not provided in the proceedings), as illegal, arbitrary, void ab initio, violative of principles of natural justice, violative of provisions of AP Charitable and Hindu Religious Institutions and Endowments Act, 1987 and contrary to Articles 14 and 300-A of Constitution of India and consequently, SET-ASIDE the proceedings in Lr.No.1/2026 dated 08.07.2026 by the 4th respondent, in the interest of justice and pass such other order or orders.…” 2. Heard learned counsel for the petitioner and Sri K.Koteswara Rao, learned Standing Counsel for respondent No.4. 3. The respondents have issued notice dated 08.07.2026 directing the petitioner to vacate from the land admeasuring Ac.1.07 cents situated in Sy.No.362/1 at Jaggaiahpeta Town and Mandal, N.T.R.District. 4. Learned counsel for the petitioner submits that the petitioner purchased the subject property through registered sale deed and the respondents have no right or title over the said property. Learned counsel further submits that procedure is envisaged under Section 83, for eviction, under the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and 4 Endowments Act, 1987 and the notice dated 08.07.2026 is not in the form of notice as provided under the Act. 5. Learned counsel for the respondents would submit that notice categorically shows that notice is issued under Section 83 (5) of the Act and the remedy to the petitioner is before the Tribunal under Section 87 of the Act. 6. In view of the above submissions, without going into merits of the matter, the present Writ Petition is disposed of directing the petitioner to submit an explanation to the notice dated 08.07.2026 within a period of two weeks from the date of receipt of a copy of this order. On submitting such explanation, the respondents are directed to examine the same in a proper perspective and communicate the decision to the petitioner. Till such time, respondents are directed not to take any coercive steps. If the petitioner is aggrieved by the order of the respondents, petitioner is directed to invoke remedy as per the provisions of the Act. 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: 27.07.2026 KBN 5 60 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.20466 of 2026 Date: 27.07.2026 KBN