WP/27641/2025 of VEMURU USHA Vs THE STATE OF ANDHRA PRADESH on 18 December 2025

1. VEMURU USHA, W/O.LATE NAGESWARA RAO, AGED 75 YEARS, PERMANENT RESIDENT OF JANGAREDDY GUDEM ELURU (ERSTWHILE WEST GODAVARI) DISTRICT, PRESENTLY RESIDING AT FLAT NO.203, W HEIGHTS, 5-387/7, SIVALAYAM STREET, NEAR JABILLI HOSPITAL, PORANKI - 521137, KRISHNA DISTRICT

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REPRESENTED THROUGH PRINCIPAL SECRETARY, DEPARTMENTOF ENDOWMENTS, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. SREE VENGUPALA SWAMY TEMPLE, REPRESENTED BY ITS EXECUTIVE OFFICER, BUTTAIGUDEM ROAD, JANGAREDDIGUDEM, ELURU (ERSTWHILE WEST GODAVARI) DISTRICT.

...RESPONDENT(S): Counsel for the Petitioner:

K Jyothi Prasad Counsel for the Respondents: GP for Endowments

Pulipati Radhika The Court made the following order:

Heard Sri K.Jyothi Prasad, learned counsel for the petitioner, learned Assistant Government Pleader for Endowments appearing for respondent No.1 and Smt. Pulipati Radhika, learned Standing Counsel for Endowments appearing for respondent No.2.

2. Learned counsel for the petitioner contends that the respondents have high handedly interfered with the petitioner’s possession of the subject property i.e., situated in an extent of 500 Sq. Yards with Door No.17-17-625, Assessment Numbers: 5555, 5556 covered by Survey Number 303 (Old Survey No.398/A-1, 2) of Jangareddigudem, Jangareddigudem Mandal, Eluru (erstwhile West Godavari) District and locked the gates, while the OA filed by the Endowments Department is pending. The impugned action has been initiated by respondents.

3. Learned Standing Counsel appearing for respondent No.2 submits that after disposal of the application by the Department before the Tribunal the 2nd respondent has initiated steps to delivery of the possession of the property belong to the Endowment. In the said process, the respondent No.2 had taken possession of the subject property. The tenants, who are in possession of the subject property, have also agreed to pay lease rentals to the Endowment Department.

4. Learned counsel for the petitioner submits that seeking set aside of the ex-parte order dated 24.03.2025 that the petitioner has filed I.A.Nos.836, 837 and 838 of 2025.

5. The main grievance of the petitioner is that, without issuing notice to the petitioner, the learned Endowments Tribunal passed orders under Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as “the Act”), directing the petitioner to vacate the subject premises. Though the petitioner has filed applications seeking to set-aside the ex-parte order, the Tribunal has not taken up the said applications so far.

6. In the interregnum, the respondents are proposing to execute the ex-parte order passed by the Tribunal.

7. It is further stated by the learned counsel for the petitioner that the Tribunal has listed the I.A’s for hearing on 09.02.2026.

8. Having regard to the contentions advanced, this Court deems it appropriate to dispose of the writ petition with a direction to the Endowments Tribunal to pass orders, as expeditiously as possible, on the applications filed by the petitioner seeking to set-aside the ex-parte order dated 24.03.2025, within a period of six (6) weeks from the date of receipt of a copy of this order, in accordance with law, after issuing notice to both the parties.

9. Till such orders are passed by the Tribunal, interim order passed by this Court on 08.10.2025 in the present writ petition will be in operation.

10. Accordingly, the Writ Petition is disposed. No order as to costs.

As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA

Date: 19.12.2025 BSK

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

WRIT PETITION NO: 27641 OF 2025

Date: 19.12.2025 BSK