Andhra Pradesh High Court
WP/28744/2025 of KAPARAPU RAJULU Vs THE STATE OF ANDHRA PRADESH on 16 October 2025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOS: 28686, 28740 & 28744 OF 2025 WRIT PETITION NO: 28686 OF
APHC010552292025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE SEVENTEENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
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1. KARRI VEERA VENKATA RAMANA,, S/O JAGGAIAH, AGED ABOUT 60 YEARS, R/O D. NO. 4-168, GANDHI NAGAR, BURUGUPUDI VILLAGE KIRLAMPUDI MANDAL, KAKINADA DISTRICT
...PETITIONER AND
OF ENDOWMENTS, STATE OF ANDHRA PRADESH GOLIAPUDI, VIJAYAWADA
5. SRI VENKATESWARA SWAMY VARI TEMPLE, SRI PARAVASTHU
Between:
1. KOLAMURI SURYANARAYANA, S/O NAGARAJU, AGED ABOUT 68 YEARS, R/O D. NO. 3-56, GANDHI NAGAR, BURUGUPUDI KIRLAMPUDIMANDAL, KAKINADA DISTRICT
KM,J W.P.Nos.28686, 28740 & 28744 of 2025
AND
OF ENDOWMENTS, STATE OF ANDHRA PRADESH GOLLAPUDI, VIJAYAWADA
5. SRI VENKATESWARA SWAMY VARI TEMPLE, SRI PARAYASTHU
Between:
1. KAPARAPU RAJULU, S/O APPA RAO, AGED ABOUT 70 YEARS, R/O D. NO. 4-49/A, GANDHI NAGAR, BURUGUPUDI VILLAGE, KIRLAMPUDI MANDAL, KAKINADA DISTRICT
...PETITIONER AND
OF ENDOWMENTS, STATE OF ANDHRA PRADESH GOLLAPUDI, VIJAYAWADA
5. SRI VENKATESWARA SWAMY VARI TEMPLE, SRI PARAVASTHU
Counsel for the Petitioner(s):
R K Acharyulu Counsel for the Respondent(s):
GP for Endowments
KM,J
The Court made the following common order:
Since the issue involved in all the above Writ Petitions is one and the same, it is deemed appropriate to dispose of the cases by way of a ‘Common Order’.
2. Heard Sri P.Girish Kumar, learned Senior Counsel appearing for Sri R.K.Acharyulu, learned counsel for the petitioner(s), learned Assistant Government Pleader for Endowments appearing for the respondent Nos.1 to 4 and Sri Kappera Koteswara Rao, learned Standing Counsel appearing for respondent No.5.
3. The grievance of the petitioner(s) is that seeking recognition as landless poor under the provisions of Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as ‘the Act’) the petitioner(s) have approached the 3rd respondent and the same has not been considered. However, in terms of the orders passed by this Court in W.P.No.13921 of 2015 dated 08.01.2025, the respondents have now issued any proceedings under Section 83 of the Act. The petitioner(s) have filed their objections, which are pending for consideration before the 5th respondent.
4. It is contended that the petitioner(s) and his forefathers have been in continuous occupation of the subject lands as tenants since 1905.
KM,J W.P.Nos.28686, 28740 & 28744 of 2025
5. Having regard to the same, Sri P. Girish Kumar, learned Senior Counsel appearing for Sri R.K.Acharyulu, learned counsel for the petitioner(s) submits that before passing any orders under Section 83 of the Act, the petitioner(s) applications dated 30.04.2015 and 16.07.2025 are pending before the 3rd respondent seeking recognition as land less poor person as per the provisions of Section 82 of the Act and without considering the said application(s) in accordance with law, the respondents ought not to have issued impugned proceedings.
6. Sri Kappera Koteswara Rao, learned Standing Counsel appearing for respondent No.5 would contend that the said application under Section 82 has been filed after issuance of the impugned notice.
7. Having regard to the contentions advanced by the learned Senior Counsel and the learned standing counsel appearing for the 5th respondent, this Court deems it appropriate to dispose of the writ petition with a direction to the 3rd respondent to consider and pass appropriate orders on the application dated 16.07.2025, filed by the petitioner(s) under Section 82 of the Act, within a period of two months from the date of receipt of a copy of this order.
8. The respondents are further directed not to pass any final orders under Section 83 of the Act pending consideration of the application filed by the petitioner(s) under Section 82. The respondents are at liberty, if required, to pass appropriate order(s) pursuant to the impugned proceedings, only after
KM,J W.P.Nos.28686, 28740 & 28744 of 2025
passing orders on the application(s) filed by the petitioner(s) under the provisions of Section 82 of the Act, in accordance with law.
9. Accordingly, the Writ Petitions are disposed of. There shall be no order as to costs.
As a sequel, all pending miscellaneous applications shall stand closed.
_______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 17.10.2025 BSK
KM,J
Date: 17.10.2025 BSK