Andhra Pradesh High Court
WP/35025/2025 of KANTHETI BABY Vs THE STATE OF AP on 30 December 2025
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 35025/2025 Between: 1. KANTHETI BABY, W/O. SRINIVAS, AGED 35 YEARS, OCC
APHC010678072025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 35025/2025
Between:
1. KANTHETI BABY, W/O. SRINIVAS, AGED 35 YEARS, OCC TAILOR, R/O. D. NO. 09-03-110 OPPOSITE TO PRATHIBHA SCHOOL, JANGAREDDYGUDEM TOWN AND MANDAL, ELURU DISTRICT
(FORMERLY WEST GODAVARI DISTRICT).
...PETITIONER
AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE
(ENDOWMENTS)
DEPARTMENT,
SECRETARIAT
VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. THE COMMISSIONER OF ENDOWMENTS, GOVERNMENT OF
ANDHRA PRADESH, AMARAVATI, GUNTUR DISTRICT.
3. THE
DISTRICT
ENDOWMENTS
OFFICER,
ENDOWMENTS
DEPARTMENT, ELURU DISTRICT AT ELURU.
4. SRI VENUGOPALA SWAMY TEMPLE, REP. BY ITS EXECUTIVE
OFFICER, JANGAREDDYGUDEM TOWN AND MANDAL, ELURU
DISTRICT (FORMERLY WEST GODAVARI 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly 4th respondent in insisting the petitioner to vacate from her residential house and
site property of 80 Sq.yards situated in Survey No. 450/5, Prathibha School Road, Revenue Ward 11, Jangareddygudem Town, Eluru District, as illegal, irregular, arbitrary, violative of the principles of natural justice and offends Articles 14 and 21 of the Constitution of India and consequently direct the respondents, particularly the 4th respondent, not to interfere with her peaceful possession and enjoyment of petitioners said house and site property 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 Pleased to direct the respondents, particularly 4th respondent, not to interfere in any manner with possession of petitioners residential house and site property of 80 Sq.yards situated in Survey No. 450/5, Prathibha School Road, Revenue Ward 11, Jangareddygudem Town, Eluru District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner:
1. PASALAPUDI SATYA HARITHA
Counsel for the Respondent(S):
1. GP FOR ENDOWMENTS
The Court made the following:
WRIT PETITION NO: 35025 OF 2025
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ORDER:
Heard Sri Pasalapudi Satya Haritha, learned counsel for the petitioner, the learned Assistant Government Pleader for Endowments appearing for respondent Nos.1 to 3 and learned Standing Counsel for respondent No.4
2. The grievance of the petitioner is against the inaction of the respondents in trying to evict the possession of the petitioner from the subject property situated in Sy.No.450/5, Prathibha School Road, Revenue Ward-11, Jangareddygudem Town, Eluru District, without following the due procedure under law.
3. When the matter has been taken up for consideration today, the learned Standing Counsel appearing for the 4th respondent-Temple has placed a copy of instructions received by her in the case. A perusal of same would reflect that the Deputy Commissioner, Endowments Department has conducted enquiry and passed orders under Section 83(2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 30 of 1987 (in short 8the Act9) in O.A.No.77 of 2002 dated 19.07.2007 against one A.Radha Krishna, who is husband of the petitioner9s vendor. Suppressing the said fact, the petitioner has approached this Court.
4. It is further contended by the learned Standing Counsel that the petitioner9s vendor has no title, order of eviction was also passed against the husband of the vendor of the petitioner. In that regard, the writ petition is not maintainable. However, in order to evict the petitioner from the subject property, the Temple authorities are also proposing to issue notice under Section 83(2) of the Act, 30 of 1987.
5. Having regard to the same, the writ petition is disposed of, directing the respondents to follow due procedure under law for eviction of the petitioner from the subject property. There shall be no order as to costs.
As a sequel, all pending miscellaneous applications shall stand closed.
_______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 31.12.2025 Pmk
WRIT PETITION NO: 35025/2025
Dated: 31.12.2025 Pmk