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2025 Supreme(Online)(AP) 18012

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R Raghunandan Rao, J
SRI KASIVSWESARA SWAMY TEMPLE – Appellant
Versus
PRL.SECY. REVENUE DEPT. GUN. & 4 OTHERS – Respondent
WRIT PETITION NO: 38714/2017



Advocates:
For the Appellants/Petitioners: Kappera Koteswara Rao
For the Respondents: GP FOR REVENUE (AP), G Kumara Swamy Naidu, S Pranathi, J U M V Prasad

A writ petition may be dismissed as withdrawn when the underlying dispute regarding land ownership and compensation is resolved through administrative orders and government guidelines.

Headnote:The petitioner challenged an order declaring land measuring Ac.6.67 cts in RS.No.40 of Malkapuram Village as not belonging to the temple, alleging violations of the Endowments Act and Articles 14, 21, and 300-A of the Constitution of India. During the proceedings, the petitioner sought to withdraw the petition based on an order from the Commissioner-APCRDA dated 17.08.2025, which stipulated that temple claims would be settled via compensation under the Land Acquisition Act as per G.O.Ms.No.330. The primary issue was the legality of the order denying temple ownership of the land. However, the court did not adjudicate on the merits as the petitioner's counsel submitted that an administrative resolution had been reached regarding compensation and land pooling schemes. In the circumstances, this Writ Petition is dismissed as withdrawn.

...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 toto issue an appropriate Writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing orders in RC.No.287/ 15, dated: 17.08.2017 declaring the land measuring Ac.6.67 cts in RS.No.40 of Malkapuram Village, Tullur Mandal, Guntur District as not belonging to the Sri Kasivisweswara Swamy Temple, Malkapuram Village, Tullur Mandal, Guntur District as bad, illegal, arbitrary, void, against the principles of natural justice, made without application of mind and violative of provisions of Endowments Act and violation Articles 14, 21 and 300-A of Constitution of India and SSA dam, the same and pass

IA NO: 1 OF 2017(WPMP 48049 OF 2017

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

IA NO: 2 OF 2017(WPMP 48050 OF 2017

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

IA NO: 1 OF 2018

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 to vacate the interim orders WPMP.No. 48049 of 2017 dated 16-11-2017 in WP.No.38714 of 2017 in the interest of justice and pass

IA NO: 2 OF 2018

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 to vacate the interim orders WPMP.No. 48050 of 2017 dated 16-11-2017 in WP.No.38714 of 2017 in the interest of justice and pass

IA NO: 3 OF 2018

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 to vacate the interim orders in WPMP No. 48050/2017 in WP No. 38714/2017 dated 16.11.2017 and dismiss the above writ petition.

IA NO: 1 OF 2023

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 to vacate the interim order passed in IA No. 1 of 2017 ( WP MP 48049.2017) in WP No.38714 of 2017, DATED 16-11-2017 in the interest of justice and pass

IA NO: 2 OF 2023

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 to receive the counter on record by allowing the leave petition in the above writ petition and pass

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 to bring the Petitioner No.2 Aluri Kanakadurga herein on record as Legal Representative of the deceased Petitioner No. 1/Respondent No.5 Aluri Venkaiah in the above W.P.No 38714 of 2017 as well as in lAs also as Respondent No. 6 and pass

Counsel for the Petitioner:

1. KAPPERA KOTESWARA RAO SC for Endowments,AP Region.- 26401/AP/938/2004

Counsel for the Respondent(S):

1. GP FOR REVENUE (AP)

2. G KUMARA SWAMY NAIDU

3. S PRANATHI

4. J U M V PRASAD

The Court made the following Order:

Learned Standing Counsel appearing for the petitioner Temple seeks to withdraw the writ petition on the ground that the Commissioner-APCRDA, Vijayawada has, by order, dated 17.08.2025 stated that the claims of the Temple would be settled as per G.O.Ms.No.330, Municipal Administration & Urban Development Department, dated 11.10.2018, whereby the Temple would be paid compensation under the Land Acquisition Act, while the third party claims would be settled by allotting the plots as per the Land Pooling Scheme along with the annual makthas. It is further submitted that this proposal was accepted by the Commissioner, Endowments Department.

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