APHC010330272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3458]

(Special Original Jurisdiction)

FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 16687/2024 Between:

1. C HITTURU VENKATA SUBBA RAO, S/O LATE RAMA RAO, AGED ABOUT 75 YEARS, OCC- CULTIVATION, R/O SOMPALLY VILLAGE, RAZOLE MANDAL, DR.B.R. AMBEDKAR KONA SEEMA DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. T HE COMMISSIONER, ENDOWMENTS DEPARTMENT, ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA.

3. T HE DISTRICT ENDOWMENT OFFICER / ASSISTANT COMMISSIONER, ENDOWMENT DEPARTMENT, AMALAPURAM, DR.B.R. AMBEDKAR KONA SEEMA DISTRICT.

4. S RI LAXMI NARASIMHA SWAMY TEMPLE, REP BY ITS EXECUTIVE OFFICER ANTHARVEDI VILLAGE, SAKHINETIPALLY MANDAL, DR.B.R. AMBEDKAR KONA SEEMA DISTRICT.

...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 tomay be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the Impugned Proceedings No.A2/6798/2019 dated 29-06-2024, on the file of the District Endowment officer/Assistant Commissioner, Endowment Department, Amalapuram, Dr.B.R. Ambedkar Konaseema District, as illegal, arbitrary, malafide and violative of ricle 21 of the Constitution of India and issue consequential direction to the respondents to alienate the land Ac.2.10 Cts in RS No. 91/2A. 91/2B and 93/3 of Thatipaka village of Razole Mandal, Dr.B.R. Ambedkar Konaseema District in favour of petitioner and to pas IA NO: 1 OF 2024 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 may be pleased to direct the respondents not to interfere with petitioner’s possession and enjoyment of the land Ac.2.10 Cts in RS No. 91/2A, 91/2B and 93/3 of Thatipaka village of Razole Mandal, Dr.B.R. Ambedkar Konaseema District by suspending the impugned Proceedings No.A2/6798/2019 dated 29-06-2024, on the file of the District Endowment Officer / Assistant Commissioner, Endowment Department, Amalapuram, Dr.B.R. Ambedkar Kona Seema District, pending disposal of the above Writ Petition and pass IA NO: 1 OF 2025 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 may be pleased to grant leave to the respondent No.3 in the Writ petition No.

16687 of 2024 to file counter affidavit in the above writ petition and pass Counsel for the Petitioner:

1. D KRISHNA MURTHY Counsel for the Respondent(S):

1. KAPPERA KOTESWARA RAO SC for Endowments,AP Region.

2. GP FOR ENDOWMENTS The Court made the following:

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 16687/2024

ORDER

Heard Sri D. Krishna Murthy, learned counsel for the petitioner; the learned Assistant Government Pleader for Endowments appearing for respondent Nos.1 to 3 and Sri Kappera Koteswara Rao, learned Standing Counsel appearing for respondent No.4.

2. The challenge in the instant Writ Petition is to the proceedings of the 3^rd respondent, refusing to recognize the petitioner as a ‘landless poor farmer’ in terms of the provisions of Sub-Section (2) of Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, (for short, ‘Act No.30 of 1987’).

3. It is contended by the petitioner that the petitioner’s father was a tenant of an agricultural land over an extent of Ac.2.10 cents in RS. Nos.91/2A, 91/2B and 93/3, Thatipaka Village of Razole Mandal, belonging to the 4^th respondent temple. When the temple authorities attempted to dispossess the petitioner’s father, he filed O.S. No.31 of 1978 on the file of the Subordinate Judge, Razole, seeking a declaration that he was a culti