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2025 Supreme(Online)(AP) 2819

HIGH COURT OF ANDHRA PRADESH
K MANMADHA RAO, J
Chamana Ramesh – Appellant
Versus
The State of Andhra Pradesh – Respondent
WP 6461/2016



Advocates:
MANGENA SREE RAMA RAO, GP FOR ENDOWMENTS (AP), KANDA SRINIVASU SC FOR ENDOWMENTS (KS AND WG)

The High Court can direct lower tribunals to expedite pending cases without interfering with the merits, ensuring no coercive actions are taken during the process.

Headnote:(A) Constitution of India - Article 226 - Andhra Pradesh Charitable and Hindu Religious Institutions Endowments Act, 1987 - Writ petition filed against notice for dispossession of property - Petitioners claimed ownership based on prior purchases and possession - Respondents contended petitioners are encroachers and have no valid rights - Court directed the Endowments Tribunal to expedite the pending eviction proceedings without touching merits of the case. (Paras 1, 8, 9)

(B) Jurisdiction of High Court - The High Court can issue directions to lower tribunals for expeditious disposal of pending matters without interfering with the merits of the case. (Paras 6, 8)

Facts of the case:
The petitioners purchased various extents of land in Tadepalligudem and have been in possession since 2007, constructing buildings and paying taxes. The 3rd respondent issued a notice claiming ownership and threatening eviction. (Paras 2, 4)

Findings of Court:
The court directed the A.P. State Endowments Tribunal to expedite the disposal of O.A. No. 213 of 2013 and prohibited the respondents from taking coercive action until the case is resolved. (Paras 8, 9)

Issues: The main issues were the validity of the notice issued by the 3rd respondent and the petitioners' rights over the property in question. (Paras 1, 4)

Ratio Decidendi: The court emphasized the need for the Tribunal to resolve the pending eviction case promptly while ensuring that no coercive measures are taken against the petitioners until a decision is made. (Paras 8, 9)

Result: Writ Petition disposed of with directions.

ORDER :

This writ petition is filed under Article 226 of the Constitution of Indi a for the following relief:

“…..to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd respondent in issuing the notice vide No 24/2016 dated 10.02.2016 thereby directing petitioners to hand over the property and further threatening to dispossess by way of conducting TendercumAuction over the petitioners and their family members property bearing Door No 10/1/5/5 in total extent of 756 Sq Yds in R S No 45 of ThalamudunurupaduTadepalligudem is illegal irregular arbitrary and violative of provisions under Andhra Pradesh Charitable and Hindu Religious Institutions Endowments Act 1987 and Rules framed there under and also offends Articles 14 21 and 300A of Constitution of India and consequently set aside the notice issued by the 3rd respondent vide notice No 24/16 dated 10.02. 2016 and to pass such ……”

2. The facts of the case are that the Petitioners herein have purchased an extent of 70 Sq. yards of site in R.S.No. 45 of Tallamudunurupadu, Tadepalligudem on 30-05-2007 from Vanimisetti Bala Tripura Sundari, W/o. Akki Raju and her daughter Nunna Jaya Kumari, W/o. Surya Sri Ram for valuable consideration of Rs. 7,02,000/- vide document No. 2701/2007 on the file Tadeplligudem Sub-Registry. The 1stPetitioner’s wife by name Vani Manga Tayaru also purchased an extent of 218 Sq. yards of site in the same survey number for valuable consideration of Rs. 2,18,000/- vide document No. 1328/2007, dt. 15.03.2007 and his elder brother's wife Jyothi Priya purchased an extent of 218 sq. yards of site for valuable consideration of Rs. 2,18,000/- vide registered document, Dt.15.03.2007 and his younger brother's wife Rama Deepthi purchased an extent of 250 Sq. yards of site in the same survey number for valuable consideration of Rs.2,50,000/- vide document No. 1327/2007 dt. 15.03.2007. Since from the date of purchase they are in possession and enjoyment of the above mentioned properties with absolute rights and they have been constructed pucca buildings. They have been regularly paying house taxes to the authorities without any default what so ever and they are also availing the electricity services from power distribution company. It is further stated that an extent of Ac. 5.88 cents of land in R.S.No. 45 of Tallamudurnurpadu, Tadepalligudem is originally belongs to S.T.V. Narasimhacharyulu and he leased out the entire extent to Sri Lakshmi Sita Ramanjaneya Rice Mill for permanent lease. Subsequently a suit was filed vide O.S.No. 9/32 on the file of Sub-Ordinate Court, Eluru, for dissolution of the firm by the partners of above said Rice Mill. Receiver was appointed by the court vide I.A.No.681 of 1937 for conducting of auction of the suit properties. In the said auction one Vanimisetti Satyanarayana became highest bidder and a registered sale deed was executed on 11.02.1938 for valuable consideration of Rs. 7666/- vide Document No. 398 of 1938 and the said Vanimisetti Satyanarayana became absolute owner of the property. It is further stated that a partition was affected on 21.06.1940 and in the above said partition, the above said property was fell to the share of Vanimisetti Satyanarayana and he is absolute owner, possessor and enjoyer of the same. Subsequently from the legal heirs of the Vanimisetti Satyanarayana i.e., Vanimisetti Bala Tripura Sundari, W/o. Akki Raju and her daughter Nunna Jaya Kumari, W/o. Surya Sri Ram, petitioners and their wives purchased above mentioned extents and constructed buildings with their hard moneys. The 3rd Respondent is neither owner of the property nor possessor of the same. But somehow claiming ownership over the property and claiming the maktha from the Petitioners. It is further stated that the 3rd Respondent filed O.Α. 213 of 2013 on the file of Andhra Pradesh State Endowments, Tribunal, Hyderabad under Section 83 of Andhra Pradesh Charitable and Hindu Religious

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