ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“.....to issue a writ of Mandamus declaring the activity of the petitioner in distribution of LPG gas cylinders to the public from the scheduled area of 679.26 sq.mts situated in S.No. 77/10A of Ravi Nagar, Naidu Thota, Pendurthi, Visakhapatnam (as is being carried for decades since 1997 with all the necessary permissions), as legal and constitutionally accepted under Art.19 and consequently direct the respondent authorities not to interfere in any manner and pass such other orders.....”

Initially, the writ petition was filed against three respondents. Later respondent No. 4 got impleaded himself as party respondent as per order, dated 06.01.2023 in I.A.No. 2 of 2022.

2. The averments, in brief, in the affidavit are that since 1997, petitioner and her husband are engaged in carrying on business of LPG gas distribution in the name of M/s. Subbaiah Gas Agency with its registered office at VUDA Complex, Visakhapatnam. ‘No objection certificate’ was obtained from Commissioner of Police and Additional District Magistrate, Visakhapatnam for construction of godown in an extent of 679.26 square meters in survey No. 77/10A in Ravi Nagar, Naidu Thota, Pendurthi, Visakhapatnam. After obtaining approved plan from Municipal authorities, godown was constructed and business is being carried on. The license was renewed by Bharat Petroleum Corporation till 04.05.2027:

(a) During hud-hud cyclone in the year, 2014, godown got destroyed. Due to personal reasons including health problems, the petitioner could not reconstruct the godown. When petitioner started construction work in 2015, local revenue authorities interfered, as such petitioner filed O.S.No. 149 of 2015 on the file of learned I Additional District Judge, Visakahaptanm for permanent injunction. The said suit was decreed. Prior to filing O.S.No. 149 of 2015, private party filed W.P.No. 24890 of 2010 claiming right over large extent of land to an extent of Ac.29-00 cents in the same area, against respondent No. 2 and the same was dismissed. Respondent No. 2 and the authorities of respondents have put up lands possessed by R2 for auction. Respondent No. 2 would certainly promote public utility activity beneficial to the public. The business carried on by the petitioner is beneficial activity for the public at large. If petitioner’s activity is prevented public will suffer. Respondents-authorities have a duty to continue petitioner to utilize the premises. If respondent No. 2 is interested in imposing any conditions including monetary conditions, petitioner is willing to comply with the same. With these averments, writ petition was filed seeking the relief extracted supra.

3. Counter affidavit was filed on behalf of respondent No. 2. It was contended, inter alia, that respondent No. 2-Devasthanam is a public religious institution published under Section 6(a)(ii) of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987. Vepagunta village was one of the endowed villages to respondent No. 2-Devasthanam by Maharajahs, Vijayanagaram. After completion of enquiry under Section 3(3) of Inam Abolition Act (for short ‘IA Act’), Mandal Revenue Officer, Pendurthi granted Ryotwari patta under Section 7(1) for an extent of Ac.145-00 cents in survey No. 77 along with other survey numbers in AIA 52/77 with HA dated 29.05.1996, to respondent No. 2. As per patta, issued by Mandal Revenue Officer, Pendurthi, respondent No. 2-Devasthanam is absolute owner of land covered in survey No. 77 of Vepagunta village. The decree in O.S.No. 149 of 2015 does not bind respondent No. 2 as R2 is not party to the suit. Petitioner filed O.S.No. 1191 of 2015 on the file of VII Additional Senior Civil Judge, Visakhapatnam seeking perpetual injunction and the same was dismissed for default on 02.03.2022. The petitioner suppressed filing of suit O.S.No. 1191 of 2015 and filed the abov