APHC010988222017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310]

(Special Original Jurisdiction)

FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 42037/2017 and 33475/2016 Between:

D.rudra Kumar Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner: 1. T V S PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS (AP)

2. MEKAPOTHULA SRINIVASA RAO SC FOR ENDOWMENTS PALNADU PRAKASAM AND SPSR NELLORE The Court made the following:

COMMON ORDER:-

W.P.No. 42037 of 2017 is filed under Article 226 of the Constitution of India, seeking 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 respondents in taking steps to disposes the petitioner from the property of an extent of Ac. 0.48 Ankanams of vacant site in Block No. 15 with Municipal House No. 15/214 of Nellore Town as illegal, arbitrary and violative of principles of natural justice, consequently directing the respondents not to create any third party rights pending disposal of the writ petition and pass such other orders....”

W.P.No. 33475 of 2016 is filed under Article 226 of the Constitution of India, seeking 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 respondents in issuing the notices in STRST/0103/2016-18 to 23 dated 09.09.2016 purportedly under amended Rule 15 of G.O.Ms.No.426 dated 09.11.2015 of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments immovable properties and other right other than Agricultural leases and Licenses Rules 2003 calling upon the petitioner to vacant and hand over possession of shop Nos 18, 20 to 23 and upstairs of 20 to 23 bearing door no.15/5/332A, 332B, 15/333, 334, 335 total extent of 34 ankanams situated at Nellore, SPSR Nellore District as illegal and in contravention of the 1987 Act, without authority of law and without jurisdiction and consequently direct the respondents to desist from taking any action against the petitioners in respect of the aforesaid property and pass such other orders....”

2. Heard Mr. T.V.S. Prabhakara Rao and V. Siva Prasad Reddy, learned counsel for the petitioners; Mr. P. Srinivas, learned Assistant Government Pleader, Endowments and Mr. M. Srinivasa Rao, learned Standing Counsel for the respondents.

3. Since the facts and issue involved in all the Writ Petitions, I find it expedient to decide these matters by a Common Order.

4. Learned counsel for the petitioner in 42037 of 2017 would contend that the petitioner and his wife have been in possession and enjoyment of Ac. 0.48 Ankanams of vacant site in Block No.15 with Municipal House No.

15/214 of Nellore Town having purchased under the same under a Registered Sale Deed dated 22.05.1996 and 24.05.1996 from the legal representatives of one Mr. Bandi Chinnappa. The respondents all of a sudden erected a board in the subject land that the land belongs to the 4^th respondent without issuing any notice, which is highly illegal and arbitrary. Hence, the present writ petition came to be filed.

5. Learned counsel for the petitioners in W.P.No.33475 of 2016 would contend that the petitioners are the possessor of the shop Nos. 18, 20 to 23 and upstairs of 20 to 23 bearing D.No.15/5/332A, 332B, 15/333, 334, 335 and doing business therein on lease. At present one Mr. G. Gopal Krishna was absolute owner and possessor of 191 ankanams out of which he granted a lease of 34 ankanams to the petitioners. While the matter stood thus, the issue with regard to validity of the original lease deed dated 25.09.1917 was decided in O.P.No.53 of 1922 by the District Judge, Nellore, after the 1920 came into force. The 1987 Act does not apply to petitioners lease. Under the provisions of Section 76, 82(1), 82(2), 82(3) and 82(4) of the 1987 Act