APHC010542112009 IN THE HIGH COURT OF ANDHRA PRADESH [3329]

AT AMARAVATI (Special Original Jurisdiction)

WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7450/2009 Between:

1. S RI ANNAPURNESWARI MAHILA NEIGHBOURHOOD, COMMITTEE, REGD.NO. 542/1990, K.R.M. COLONY SITAAMMADHARA, VISAKHAPATNAM REP. BY ITS PRESIDENT SRI PENDEM APPAYAMMA W/O. LATE VEERASWAMY ...PETITIONER AND

1. S IMHACHALAM DEVASTHANAM, REP. BY ITS EXECUTIVE OFFICER , SIMHACHALAM, VISAKHAPATNAM DISTRICT.

2. T HE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS SECRETARY, ENDOWMENTS DEPARTMENT, SECRETARIAT, HYDERABAD.

...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 an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in takding steps for eviction of the petitioner society from an extent of Ac 6.70 cents of land in situated at a part of Sy.No. 275 of Adivivaram village, Visakhapatnam district as highly arbitrary illegal, and violative of Article 14, 19 and 21 of Constitution of India and consequently direct the respondents to regularize the land in Sy.No. 275 in Adivivaram Village, Visakhapatnam District to an extent of Ac

6.70 cents of land at reasonable rate and pass Counsel for the Petitioner:

1. RAVINDRA BHARATI Counsel for the Respondent(S):

1. CHINTAPALLI SRINIVAS 2. M ADINARAYANA RAJU 3. GP FOR ENDOWMENTS HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.7450 of 2009 This Court made the following

ORDER:

The case of the petitioner is that the Respondent Authorities are taking steps for eviction of the members of the petitioner’s society from an extent of Ac.6.70 cents of land situated in a part of Sy.No.275 of Adivivaram Village, Visakhapatnam District in violation of Articles 14, 19 and 21 of the Constitution of India. It is further case of the petitioner that the petitioner society is a registered society consisting of 311 members. All of them have occupied respective extents of portion of land and got constructed houses and they have been living in their respective houses and they formed a society. It is an admitted fact the petitioner society itself that the subject property is vested with the 1^st Respondent temple. Accordingly, the petitioner society submitted an application for regularization of the subject property which is under the occupation of the members of the petitioner society and the same is pending consideration before the 1^st Respondent. Then the writ petitioner preferred W.P.No.1392 of 2003 seeking for a direction not only to the respondents but also to the State and its instrumentalities for regularization of their respective occupation in respect of the subject property. The said writ petition was dismissed in the year 2010. While so, the 1^st respondent taking steps for eviction of the members of the petitioner society without following due process of law and without discharging the constitutional responsibilities casted upon the State for the welfare of its citizens, as enshrined under Articles 14, 19, and 21 of the Constitution of India.

2. On the other hand, learned Standing Counsel submits that in view of G.O.Ms.No.253, dated 08.03.2005 the 1^st respondent cannot be permitted to regularize the unauthorised occupations or encroachments in favour of the members of the petitioner society and further submits that the Authorities would follow due process of law under the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987.

3. Considering the submissions made by learned counsel for the petitioner and learned Government Pleader for Endowments and also on perusal of the material placed on record, this Court is of the considered view that the present Writ Petition can be disposed of without going into the merits of the case directi