D. Chinnaankayamma, Vs The Deputy Commissioner, Endowments Department

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶2

(Special Original Jurisdiction)

¶3

TUESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE DR.JUSTICE K MANMADHA RAO

¶6

WRIT PETITION NO: 39378, 34994, 35048, 35156. 35170. 39500, 39521 and 39572 OF 2014

¶7

Between:

¶8

Gadu Sanyasi Naidu, S/o. Tata, aged about 56 years, Occ; Agriculture, R/o.GaduVeedhi, Bheeimunipatnam, Visakhapatnam District.

¶9

...Petitioner

¶10

AND

¶11

The Deputy Commissioner, Endowments Department, Visakhapatnam Division, Visakhapatnam.

¶12

The Assistant Commissioner, Endowments Department Visakhapatnam, Visakhapatnam District.

¶13

The Commissioner, Endowments Department, Government of Andhra Pradesh, Hyderabad.

¶14

The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments-I) Department. Secretariat Buildings, Secretariat, Hyderabad.

¶15

Sri Langarukhana Choultry, Rep. by its Manager, Bheemunipatnam Visakhapatnam District.

¶16

...Respondents

¶17

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate, order or direction more particularly one in the nature of writ of mandamus and declare the order

¶18

©

¶19

I '

¶20

dated 24-05-2010 ini O.A.No.97/2005 Endowments Department Vi«th '=°'^'^''ssioner, Visakhapatnam Division, jurisdiction and violation as illegal and without of Section 162 (1) and Sec.83 and 84 of Charitable & Hindu the A.P. Religious Institutions and Endowments Act consequently set aside the 1987 and order dated 24-05-2010 the Deputy Commissioner in OA No.97/2005 of Endowments Division. Department. Visakhapatnam i^Ai-NOM_OF2014{WP|^ NQi4?4010F_201^ Petition under Section 151 CPC is filed circumstances stated 'n the affidavit filed praying that in the High Court may be i n support of the writ petition the pleased to NO. 97/2005 Of the Deputy suspendCommissionerthe order dated 24-05-2010 ini O.A. Visakhapatnam Division Endowments Department,

¶21

jAJSLO: 1 OF ?n9^

¶22

Petition under Section 151 CPC is filed circumstances stated ini the affidavit filed praying that in the Court may be pleased 'he petition, the High to receive the r counter copies on the leave petition record by allowing in the above writ petition

2015(WVmd

NOmo410F2^

Between:

Sri Langarukhana Choultrv Rph k ■ Visakhapatnam District "s' Manager, Bheemunipatnam

¶27

-Vacate Petitioner/R espondent No.5 AND

¶28

1- Cadu Sanyasi Naidu '^/o-aduveedhi, Bheei nunipa^arv^ra^^SSr

¶29

•■•Respondent/Writ Petitioner

¶30

3

¶31

The Deputy Commissioner Endowments Department, Visakhapatnam

¶32

Division, Visakhapatnam.

¶33

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District. 4. The Commissioner, Endowments Department, Government of Andhra Pradesh, Hyderabad. 5. The Government of Andhra Pradesh, Rep, by its Principal Secretary SrlbSir-'' B-S:

¶34

■..Respondents/Respondents Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit filed iin support of the petition, the High Court may be pleased vacate the interim order dt;23.12.2014 made in WPMP No. 49401/2014 in WP No.39378/2014.

¶35

jA NO: 2 OF 207? Between:

¶36

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District. ...Petitioner/2"‘^ Respondent AND 1. Gadu Sanyasi Naidu P ■ , Agriculture R/o.GaduVeedhi, Bheei nunipatnam, Visakhapatnam District.

¶37

■■• Respondent/Petitioner

¶38

The Deputy Commissioner, Endowments Department, Visakhapatnam

¶39

Division, Visakhapatnam.

¶40

The Commissioner, Endowments Department, Government of Andhra

¶41

Pradesh, Hyderabad.

¶42

The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue

¶43

(Endowments-I) Department Hyderabad. Secretariat Buildings, Secretariat,

¶44

Sri Langarukhana Choultry, Rep. by its Manager, Bheemunipatnam, Visakhapatnam District.

¶45

(R2 to R5 are not necessary parties in this Petition)

¶46

...Respondents/Respondents

¶47

Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 23-122014 made in WPMP. No. 49401 of 2014 in WP. No. 39378 of 2014 and dismiss the writ petition as devoid of merits.

¶48

Counsel for the Petitioner; SRI. B SESIBUSHAN RAO

¶49

Counsel for the Respondents No. 1 to 4: GP FOR ENDOWMENTS (AP) Counsel for the Respondent No.5: M/s. K. LALITHA, STANDING COUNSEL

¶50

WRIT PETITION NO: 34994 OF 2014

¶51

Between:

¶52

Gadu Sanyasi Naidu, S/o. Suryanarayana, Aged about 51 years, Occ: Agriculture, R/o. Konki Veedhi, Bheemunipatnam, Visakhapatnam District.

¶53

...Petitioner

¶54

AND

¶55

The Deputy Commissioner, Endowments Department, Visakhapatnam Division, Visakhapatnam.

¶56

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District.

¶57

The Commissioner, Endowments Department, Government of Andhra Pradesh, Hyderabad.

¶58

The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments-1) Department, Secretariat Buildings, Secretariat, Hyderabad.

¶59

-5

¶60

Sri Langarukhana Choultry, Rep, by its Manager, Bheemunipatnam Visakhapatnam District.

¶61

...Respondents

¶62

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate, order or direction more particularly one in the nature of writ of mandamus and declare the order dated 24.05,2010 in 0,A.No.99/2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam Division, as illegal and without jurisdiction and violation of Section 162 (1) and Sec.83 and 84 of the A.P. Charitable & Hindu Religious Institutions and Endowments Act, 1987 and consequently set aside the order dated 24-05-2010 in OA No.99/2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam Division

¶63

lA NO: 1 OF 202.?

¶64

Between:

¶65

The Assistant Commissioner, Endowments Department Visakhapatnam, Visakhapatnam District.

¶66

...Petitioner/2"'' Respondent

¶67

AND

¶68

Gadu Sanyasi Naidu, S/o. Suryanarayana, Aged about 51 years, Occ; Agriculture, R/o, Konki Veedhi, Bheemunipatnam, Visakhapatnam District.

¶69

...Respondent/Petitioner

¶70

The Deputy Commissioner, Endowments Department, Visakhapatnam Division, Visakhapatnam.

¶71

The Commissioner, Endowments Department, Government of Andhra Pradesh, Hyderabad.

¶72

6

¶73

The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments-1) Department, Secretariat Buildings, Secretariat, Hyderabad.

¶74

Sri Langarukhana Choultry, Rep. by its Manager, Bheemunipatnam, Visakhapatnam District.

¶75

(R2 to R5 are Not Necessary Parties in this Petition)

¶76

...Respondents/Respondents

¶77

Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders, dated 20-112014 made in W.P.M.P.N0.43781 OF 2014 in W.P.No.34994 of 2014 and dismiss the writ petition as devoid of merits.

¶78

I.A. NO: 1 OF 2014(WPMP. NO: 43781 OF 20141

¶79

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the order dated 24-05-2010 in O.A.No.99/2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam Division

¶80

i.A. NO: 1 OF 2015rWVMP. NO: 936 OF 20151

¶81

Between:

¶82

Sri Langarukhana Choultry, Rep. by its Manager, Bheemunipatnam Visakhapatnam District.

¶83

...Vacate Petitioner/Respondent No.5

¶84

AND

¶85

Gadu Sanyasi Naidu, S/o. Suryanarayana, Aged about 51 years, Occ: Agriculture, R/o. Konki Veedhi, Bheemunipatnam, Visakhapatnam District.

¶86

...Respondent/Writ Petitioner

¶87

The Deputy Commissioner, Endowments Department Visakhapatnam Division, Visakhapatnam.

¶88

The Assistant Commissioner, Endowments Department,

¶89

Visakhapatnam, Visakhapatnam District.

¶90

The Commissioner, Endowments Department, Government of Andhra Pradesh, Hyderabad.

¶91

The Government of Andhra Pradesh, Rep. by its Principal Secretary Revenue (Endowments-1) Department, Secretariat Buildings Secretariat, Hyderabad.

¶92

...Respondents/Respondents

¶93

Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit filed in support of the petition, the High Court may be pleased vacate the interim order dt;20.11.2014 made in WPMP.No.43781 /2014 in WP.No.34994/2014

¶94

Counsel for the Petitioner: SRI. B SESIBUSHAN RAO

¶95

Counsel for the Respondents No. 1 to 4: GP FOR ENDOWMENTS (AP)

¶96

Counsel for the Respondent No.5: M/s. K LALITHA, STANDING COUNSEL

¶97

WRIT PETITION NO: 35048 OF ?nid

¶98

Between:

¶99

Talada Ramanaiah, S/o. Ramu, Occ: Agriculture, R/o. Gaduveedhi, Bheemunipatnam, Visakhapatnam District.

¶100

...Petitioner

¶101

AND

¶102

The Deputy Commissioner, Endowments Department, Visakhapatnam Division, Visakhapatnam.

¶103

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District

¶104

The Commissioner, Endowments Department, Government^ofAndhra Pradesh, Hyderabad.

¶105

The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments-1) Department, Secretariat Buildings, Secretariat, Hyderabad.

¶106

Sri Langarukhana Choultry, Rep. by its Manager, Bheemunipatnam, Visakhapatnam District.

¶107

...Respondents

¶108

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate, order or direction more particularly one in the nature of writ of mandamus and declare the order dated 24-05-2010 in O.A.No.95/2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam Divisio^J) as illegal and without jurisdiction and violation of Section 162 (1) and Sec.83^{and84oftheA.P.} Charitable & Hindu Religious Institutions and Endowments Act, 1987 and consequently set aside the order dated 24-05-2010 in OA No.95/2005 of the Deputy Commissioner, Endowments Department, Visakhapatna m Division. I.A. NO: 1 OF 2014(WPMP. NO: 43848 OF 2014) Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order dated 24-05-2010 in O.A. No. 95/ 2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam Division.

¶109

I.A. NO: 1 OF 2015(WVMP. NO: 963 OF 2015)

¶110

Between:

¶111

Sri Langarukhana Choultry, Rep. by its Manager, Bheemunipatnam, Visakhapatnam District.

¶112

...Vacate Petitioner/Respondent No.5

¶113

AND

¶114

Talada Ramanaiah, S/o. Ramu, aged about 35 years, Occ: Agriculture, R/o. Gaduveedhi, Bheemunipatnam, Visakhapatnam District.

¶115

...Respondent/Writ Petitioner

¶116

The Deputy Commissioner, Endowments Department, Visakhapatnam Division, Visakhapatnam.

¶117

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District.

¶118

The Commissioner, Endowments Department, Government^ofAndhra Pradesh, Hyderabad.

¶119

The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments-I) Department, Secretariat Buildings, Secretariat, Hyderabad.

¶120

...Respondents/Respondents

¶121

Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit filed in support of the petition, the High Court may be pleased vacate the interim order dt:20.11.2014 made in WPMP No.43848/2014 in WP.No.35048/2014.

¶122

lA NO: 1 OF 2024

¶123

Between:

¶124

The Assistant Commissioner, Endowments Department Visakhapatnam, Visakhapatnam District.

¶125

...Petitioner/2"'' Respondent

¶126

AND

¶127

Talada Ramanaiah, S/o. Ramu, aged about 35 years, Occ: Agriculture, R/o. Gaduveedhi, Bheemunipatnam, Visakhapatnam District.

¶128

...Respondent/Petitioner

¶129

The Deputy Commissioner, Endowments Department, Visakhapatnam Division, Visakhapatnam.

¶130

The Commissioner, Endowments Department, Government of Andhra Pradesh, Hyderabad.

¶131

The Government of Andhra Pradesh, Rep. by its Principal Secretary Revenue (Endowments-1) Department, Secretariat Buildings Secretariat, Hyderabad.

¶132

Sri Langarukhana Choultry, Rep. by its Manager, Bheemunipatnam Visakhapatnam District.

¶133

(R2 to R5 are not necessary parties in this Petition)

¶134

...Respondents/Respondents

¶135

Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit filed in support of the petition the High Court may be pleased may be pleased to vacate the interim orders, dated 20-11-2014 made in WP. M.P. No. 43848 of 2014 in WP. No. 35048 of 2014 and dismiss the writ petition as devoid of merits.

¶136

Counsel for the Petitioner: SRI. B SESIBUSHAN RAO

¶137

Counsel for the Respondents No.1 to 4: GP FOR ENDOWMENTS (AP)

¶138

Counsel for the Respondent No.5: M/s. K LALITHA, STANDING COUNSEL

¶139

WRIT PETITION NO: 35156 OF 2014

¶140

Between:

¶141

Gadu Pydiraju, W/o Sanyasi Naidu, Aged 55 years, Occ: Agriculture K/o.GaduVeedhi, Bheemunipatnam, Visakhapatnam District

¶142

...Petitioner

¶143

AND

¶144

The Deputy Commissioner, Endowments Department, Visakhapatnam

¶145

Division, Visakhapatnam.

¶146

M

¶147

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District.

¶148

The Commissioner, Endowments Department, Government^ofAndhra Pradesh, Hyderabad,

¶149

The State of Andhra Pradesh, Rep. by its Principal, Secretary. Revenue (Endowments-!) Department, Secretariat Buildings, Secretariat, Hyderabad.

¶150

Sri Langarukhana Choultry, Rep. by its Manager, Bheemunipatnam, Visakhapatnam District.

¶151

...Respondents

¶152

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate, order or direction more particularly one in the nature of writ of mandamus^and declare the order dated 24-05-2010 in O.A.No.100/2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam Division, as illegal^andwithout jurisdiction and violation of Section 162 (1) and Sec.83^{and84oftheA.P.} Charitable & Hindu Religious Institutions and Endowments^Act, 1987 and consequently set aside the order dated 24-05-2010 in^{OANo. 100/2005of} the Deputy Commissioner, Endowments Department, Visakhapatnam Division.

¶153

I.A. NO: 1 OF 2014(WPMP. NO: 43973 OF 2014)

¶154

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased suspend the order dated 24-05-2010 in O.A.No. 100/2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam Division.

¶155

lA NO: 1 OF 2023

¶156

Petition under Section 151 CPC is filed 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 copies on record by allowing the leave petition in the above writ petition.

¶157

i.A. NO: 1 OF 2015fWVMP. NO: 959 OF 2nifi)

¶158

Between:

¶159

Sri Langarukhana Choultry, Rep. by its Manager, Bheemunipatnam Visakhapatnam District.

¶160

...Vacate Petitioner/Respondent No.5 AND

¶161

Gadu Pydiraju, W/o Sanyasi Naidu, Aged 55 years, Occ; Agriculture, R/o.GaduVeedhi, Bheemunipatnam, Visakhapatnam District.

¶162

...Respondent/Writ Petitioner

¶163

The Deputy Commissioner, Endowments Department, Visakhapatnam Division, Visakhapatnam.

¶164

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District.

¶165

The Commissioner, Endowments Department, Government of Andhra Pradesh, Hyderabad.

¶166

The State of Andhra Pradesh, Rep. by its Principal, Secretary. Revenue (Endowments-1) Department, Secretariat Buildings, Secretariat Hyderabad.

¶167

...Respondents/Respondents

¶168

Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit filed m support of the petition, the High Court may be pleased to vacate the interim order dt:20.11.2014 made in WPMP No.43973/2014 in WP.No.35156/2014

¶169

lA NO: 2 OF

¶170

3

¶171

Between:

¶172

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District.

¶173

...Petitioner/2"‘^ Respondent

¶174

AND

¶175

Rto Agriculture, R/o.GaduVeedhi, Bheemunipatnam, Visakhapatnam District. ...Respondent/Petitioner

¶176

1. The Deputy Commissioner, Endowments Department, Visakhapatnam

¶177

Division, Visakhapatnam.

¶178

The Commissioner, Endowments Department, Government of Andhra Pradesh, Hyderabad.

¶179

4, Trie State of Andhra Pradesh, Rep. by its Principal, Secretary. Revenue (Endowments-1) Department, Secretariat Buildings, Secretariat Hyderabad.

¶180

Sri Langarukhana Choultry, Rep. by Its Manager, Bheemunipatnam Visakhapatnam District.

¶181

(Respondents R2 to R5 are not necessary parties in this petition)

¶182

...Respondents/Respondents

¶183

Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 20-112014 made in WP, MP. No. 43973 of 2014 in WP. No. 35156 of 2014 and dismiss the writ petition as devoid of merits.

¶184

Counsel for the Petitioner: SRI. B SESIBUSHAN RAO

¶185

Counsel for the Respondents No.1 to 4: GP FOR ENDOWMENTS (AP)

¶186

'M

¶187

Counsel for the Respondent No.5: M/s. K LALITHA, STANDING COUNSEL

¶188

WRIT PETITION NO: 35170 OF 2014

¶189

Between:

¶190

Gadu Pydiraju W/o Sanyasi Naidu, Age 55 years, Occ: Agriculture R/o.Gadu Veedhi, Bheemunipatnam, Visakhapatnam District.

¶191

...Petitioner

¶192

AND

¶193

The Deputy Commissioner, Endowments Department, Visakhapatnam Division, Visakhapatnam.

¶194

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District.

¶195

The Commissioner, Endowments Department, Government^ofAndhra Pradesh, Hyderabad.

¶196

The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments-1) Department, Secretariat Buildings, Secretariat, Hyderabad.

¶197

Sri Langarukhana Choultry, Rep. by its Manager, Bheemunipatnam, Visakhapatnam District.

¶198

...Respondents

¶199

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate, order or direction more particularly one in the nature of writ of mandamus and declare the order dated 24-05-2010 in O.A.No.93/2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam Division, as illegal^andwithout jurisdiction and violation of Section 162 (1) and Sec.83^{and84oftheA.P.} Charitable & Hindu Religious Institutions and Endowments Act, 1987 and consequently set aside the order dated 24-05-2010 in OA No.93/2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam

¶200

13

¶201

Division, and pass such other order or orders that deem fit and proper ini the circumstances of the case.

¶202

I.A. NO: 1 OF 2014fWPMP. NO: 43987 OF 2014)

¶203

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the order dated 24-05-2010 in O.A.No.93/2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam Division

¶204

I.A. NO: 1 OF 2015(WVMP. NO: 972 OF 20151

¶205

Between:

¶206

Sri Langarukhana Choultry, Rep. by its Manager, Bheemunipatnam Visakhapatnam District.

¶207

... Vacate Petitioner/Respondent No.5 AND

¶208

Gadu Pydiraju W/o Sanyasi Naidu, Age 55 years, Occ: Agriculture, R/o.Gadu Veedhi, Bheemunipatnam, Visakhapatnam District.

¶209

...Respondent/Writ Petitioner

¶210

The Deputy Commissioner, Endowments Department, Visakhapatnam Division, Visakhapatnam.

¶211

The Assistant Commissioner, Endowments Department Visakhapatnam, Visakhapatnam District.

¶212

The Commissioner, Endowments Department, Government of Andhra Pradesh, Hyderabad.

¶213

The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments-1) Department Secretariat Buildings Secretariat,

¶214

Hyderabad.

¶215

...Respondents/Respondents

¶216

Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit filed in support of the petition.

¶217

Jk

¶218

the High Court may be pleased to vacate the interim order dt:20.11.2014 made in WPMP No.43987/2014 in WP.No.35170/2014.

¶219

lA NO: 1 OF 207.?

¶220

Between:

¶221

The Assistant Commissioner, Endowments Department Visakhapatnam, Visakhapatnam District

¶222

...Petitioner/2"'' Respondent

¶223

AND

¶224

pfr Agriculture R/o.Gadu Veedhi, Bheemunipatnam, Visakhapatnam District

¶225

... Respondent/Petitioner

¶226

The Deputy Commissioner, Endowments Department Visakhapatnam Division, Visakhapatnam.

¶227

The Commissioner, Endowments Department, Government of Andhra Pradesh, Hyderabad.

¶228

The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Hyderbar’"'* Secretariat Buildings, Secretariat,

¶229

Bheemunipatnam,

¶230

Visakhapatnam District.

¶231

(R2 to R5 are not necessary parties to this petition)

¶232

...Respondents/Respondents

¶233

Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit filed iin support of the petition, the High Court may be pleased to vacate the interim orders, dated 2011.2014 made in W.P.M.P.N0.43987 OF 2014 in W.P.No.35170 of 2014 and dismiss the writ petition as devoid of merits.

¶234

Counsel for the Petitioner: SRI B SESIBUSHAN RAO Counsel for the Respondent No, 1 to 4: GP FOR ENDOWMENTS (AP)

¶235

^

¶236

Counsel for the Respondent No.5: M/s. K LALITHA, STANDING COUNSEL

¶237

WRIT PETITION NO: 39500 OF 2014

¶238

Between:

¶239

D. Chinnaankayamma, W/o. Late D. Narasinga ,Rao, Age 60^years, Occ; Agriculture, R/o.GaduVeedhi, Bheemunipatnam, Visakhapatnam District.

¶240

...Petitioner

¶241

AND

¶242

The Deputy Commissioner, Endowments Department,^{Visakhapatnam} Division, Visakhapatnam.

¶243

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District.

¶244

The Commissioner, Endowments Department, Government^ofAndhra Pradesh, Hyderabad.

¶245

The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments-I) Department, Secretariat Buildings, Secretariat, Hyderabad.

¶246

Sri Langarukhana Choultry, Rep. by its Manager,^{Bheemunipatnam,} Visakhapatnam District.

¶247

...Respondents

¶248

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate, order or direction more particularly one in the nature of writ of mandamus^{anddeclaretheorder} dated 24-05-2010 in O.A.No. 102/2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam Division, as illegal^and without jurisdiction and violation of Section 162 (1) and Sec.83^{and84oftheA.P.} Charitable & Hindu Religious Institutions and Endowments^Act,1987and consequently set aside the order dated 24-05-2010 in^{OANo.102/2005of}

¶249

the Deputy Commissioner, Endowments Department, Visakhapatna^m Division.

¶250

lA NO: 1 OF ?n9q

¶251

Between:

¶252

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District

¶253

...Petitioner/2"'' Respondent

¶254

AND

¶255

D. Chinnaankayamma, W/o. Late Occ; Agriculture, R/o.GaduVeedhi, D. Narasinga Rao, Age 60 years Bheemunipatnam, Visakhapatn am

¶256

District.

¶257

...Respondent/Petitioner

¶258

The Deputy Commissioner, Endowments Department, Visakhapatnam

¶259

Division, Visakhapatnam.

¶260

The Commissioner, Endowments Department, Government of Andhra

¶261

Pradesh, Hyderabad.

¶262

The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue

¶263

(Endowments-I) Department, Secretariat Buildings, Secretariat,

¶264

Hyderabad.

¶265

(R2 to R5 are not necessary parties in this petition)

¶266

...Respondents/Respondents

¶267

Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit filed iin support of the petition. the High Court may be pleased to vacate the interim orders dated 24-122014 made in W.P.M.P. No. 49546 of 2014 in W.P. No. 39500 of 2014 and dismiss the writ petition as devoid of merits.

¶268

n

¶269

LA. NO: 1 QF2014fWPMP Kin- 49546 OF 2014)

¶270

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed i in support of the writ petition, the High Court may be pleased to O.A.No.102/2005 of the Deputy Commissionersuspend the order dated 24-05-2010 in , Endowments Department, Visakhapatnam Division

¶271

LA. NO: 1 OF 2015rWVMP Kin958 OF 201.5)

¶272

Between:

¶273

VisakhXtnam Sstricr'"''’ Bheemunipatnam

¶274

...Vacate Petitioner/Respondent no.5 AND

¶275

District. Bheemunipatnam, Visakhapatnam

¶276

•■.Respondent/Writ Petitioner

¶277

The Deputy Commissioner, Endowments Department, Visakhapatnam

¶278

Division, Visakhapatnam.

¶279

The Assistant Commissioner, Endowments Department

¶280

Visakhapatnam, Visakhapatnam District

¶281

The Commissioner, Endowments Department, Government of Andhra

¶282

Pradesh, Hyderabad.

¶283

The State of Andhra Pradesh, Rep^ by its Principal Secretary, Revenue

¶284

(Endowments-I) Department, Hyderabad. Secretariat Buiidings, Secretariat

¶285

•■■Respondents/Respondents

¶286

Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit fiied ini support of the petition the High Court may be pleased to vacate the interim order dt 24 12 2014 made ,n WPMP,No.49546/2014 in WP.No.39500/2014.

¶287

2C

¶288

Counsel for the Petitioner: SRI. B SESIBUSHAN RAO Counsel for the Respondents No.1 to 4: GP FOR ENDOWMENTS (AP) Counsel for the Respondent No.5: M/s. K LALITHA, STANDING COUNSEL

¶289

WRIT PETITION NO: 39521 OF 2014

¶290

Between:

¶291

D. Rama Lakshmi, W/o. Sanyasi Appadu, Occ: Agriculture R/o.GaduVeedhi, Bheemunipatnam, Visakhapatnam District. ...Petitioner

¶292

AND

¶293

The Deputy Commissioner, Endowments Department, Visakhapatnam Division, Visakhapatnam.

¶294

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District.

¶295

The Commissioner, Endowments Department, Government^{of Andhra} Pradesh, Hyderabad.

¶296

The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Endowments-I) Department, Secretariat Buildings, Secretariat, Hyderabad.

¶297

Sri Langarukhana Choultry, Rep. by its Manager, Bheemunipatnam, Visakhapatnam District.

¶298

...Respondents

¶299

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate, order or direction more particularly one in the nature of writ of mandamus and declare the order dated 24-05-2010 in O.A.No.96/2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam Division, as illegal^and without

¶300

II

¶301

jurisdiction and violation of Section 162 (1) and Sec.83 and 84 of the A.P. Charitable & Hindu Religious Institutions and Endowments Act, 1987 and consequently set aside the order dated 24-05-2010 in OA No.96/2005 of the Deputy Commissioner, Endowments Department Visakhapatnam Division.

¶302

I.A. NO: 1 OF 2014(WPMP. NO: 49577 OF 2014^

¶303

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the order dated 24-05-2010 in O.A.No.96/2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam Division,

¶304

lA NO: 1 OF 2023

¶305

Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit filed in support of the petition, the High Court may be pleased to receive the counter copies on record by allowing the leave petition in the above writ petition.

¶306

lA NO: 2 OF 2023

¶307

Between:

¶308

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District.

¶309

...Petitioner/2"‘' Respondent

¶310

AND

¶311

D. Rama Lakshmi W/o. Sanyasi Appadu, Occ; Agriculture,

¶312

R/o.GaduVeedhi, Bheemunipatnam, Visakhapatnam District. ...Respondent/Petitioner

¶313

The Deputy Commissioner, Endowments Department, Visakhapatnam Division, Visakhapatnam.

¶314

The Commissioner, Endowments Department, Government^ofAndhra Pradesh, Hyderabad.

¶315

The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Endowments-1) Department, Secretariat Buildings, Secretariat, Hyderabad.

¶316

Sri Langarukhana Choultry, Rep. by its Manager, Bheemunipatnam, Visakhapatnam District.

¶317

(R2 to R5 are not necessary parties in this petition)

¶318

...Respondents/Respondents

¶319

Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit filed in support of the petition, the High Court may be pleased to vacate the interim^{ordersdated24-12-} 2014 made in WP. MP. No. 49577 of 2014 in WP. No. 39521 of 2014 and dismiss the writ petition as devoid of merits.

¶320

i.A. NO: 1 OF 2015(WVMP. NO: 935 OF 2015)

¶321

Between:

¶322

Sri Langarukhana Choultry, Rep. by its Manager, Bheemunipatnam, Visakhapatnam District.

¶323

...Vacate Petitioner/Respondent No.5

¶324

AND

¶325

D. Rama Lakshmi, W/o. Sanyasi Appadu, Occ: Agriculture, R/o.GaduVeedhi, Bheemunipatnam, Visakhapatnam District.

¶326

...Respondent/Writ Petitioner

¶327

The Deputy Commissioner, Endowments Department, Visakhapatnam Division, Visakhapatnam.

¶328

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District.

¶329

The Commissioner, Endowments Department, Government^ofAndhra Pradesh, Hyderabad.

¶330

IS

¶331

The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Endowments-1) Department, Secretariat Buildings, Secretariat, Hyderabad.

¶332

...Respondents/Respondents

¶333

Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dt;24.12.2014 made in WPMP No. 49577/2014 in WP.No.39521/2014

¶334

Counsel for the Petitioner: SRI. B SESIBUSHAN RAO

¶335

Counsel for the Respondent No.1 to 4: GP FOR ENDOWMENTS (AP)

¶336

Counsel for the Respondent No.5: M/s. K LALITHA, STANDING COUNSEL

¶337

WRIT PETITION NO: 39572 OF 2014

¶338

Between:

¶339

Dokara Narasayamma, W/o. Late Sanyasi, Age 58 years, R/o. Gadu Veedhi, Bheemunipatnam, Visakhapatnam District

¶340

...Petitioner

¶341

AND

¶342

The Deputy Commissioner, Endowments Department, Visakhapatnam Division, Visakhapatnam.

¶343

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District.

¶344

The Commissioner, Endowments Department, Government of Andhra Pradesh, Hyderabad.

¶345

The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments-1) Department, Secretariat Buildings, Secretariat, Hyderabad.

¶346

Sri Langarukhana Choultry, Rep. by its Manager, Bheemunipatnam, Visakhapatnam District.

¶347

...Respondents

¶348

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate, order or direction more particularly one in the nature of writ of mandamus and declare the order dated 24-05-2010 in O.A.No.101/2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam Division, as illegal and without consequently set aside the order dated 24-05-2010 in OA No.101/2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam Division.

¶349

LA. NO: 1 OF 2015rWVMP. NO: 973 OF

¶350

Between;

¶351

vLSrnam;iwcr''^' ^P^tnam

¶352

...Vacate Petitioner/Respondent No.5

¶353

AND

¶354

Dokara Narasayamma, W/o. Late Sanyasi, Aged years. Occupation ofaWct Veedhi, Bheemunipatnam, Visakhapatnam

¶355

...Respondent/Writ Petitioner

¶356

The Deputy Commissioner, Endowments Department, Visakhapatnam

¶357

Division, Visakhapatnam

¶358

The Assistant Commissioner, Endowments Department, Visakhapatnam, Visakhapatnam District

¶359

The Commissioner, Endowments Department, Government of Andhra Pradesh, Hyderabad

¶360

5, The Government of Andhra Pradesh, represented by its Principal Secretary, Revenue (Endowments-1) Department, Secretarial Buildings Secretariat, Hyderabad ’

¶361

23

¶362

...Respondents/Respondents

¶363

Petition under Section 151 CPC is filed praying that in the circumstances stated in the counter affidavit filed in support of the petition, the High Court may be pleased vacate the interim order dt;24.12.2014 made in WPMP No.49635/2014 in WP.No.39572/2014

¶364

I.A. NO: 1 OF 2014fWPMP. NO: 49635 OF 2014)

¶365

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the order dated 24-05-2010 in O.A.No. 101/2005 of the Deputy Commissioner, Endowments Department, Visakhapatnam Division.

¶366

Counsel for the Petitioner: SRI B SESIBUSHAN RAO

¶367

Counsel for the Respondent No.1 to 4: GP FOR ENDOWMENTS (AP) Counsel for the Respondent No.5: M/s. K LALITHA, STANDING COUNSEL

¶368

The Court made the following: COMMON ORDER

¶369

APHC010610012014

¶370

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI sS-S (Special Original Jurisdiction)

¶371

[3310]

¶372

TUESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

¶373

PRESENT

¶374

the honourable dr justice K MANMADHA RAO

¶375

WRIT PETITION NOS

¶376

■^994’ 35048, 35156, 35170, 39500, 395?1 and 39572 of ——

¶377

WRIT PETITION NO: 39378 DF 2014 Between:

Gadu Sanyasi Naidu

...PETITIONER

AND

The Deputy Commissioner Endowments Department Others and ...RESPONDENT{S)

¶382

Counsel for the Petitioner:

¶383

1.B SESIBUSHAN RAO

¶384

Counsel for the Respondent(S):

¶385

1.VT M PRASAD

¶386

2.GP FOR ENDOWMENTS (AP)

¶387

The Court made the following:

¶388

COMMON ORDER:-

¶389

Heard Mr. B. Seshibusha n Rao, learned counsel for the petitioners; Ms. Sudeepti Potiuri, learned Assistant Government Pleader, Endowments for the official respondents and Mr. Batchu Vijay Kumar, learned Standing Counsel for the s'*" respondent.

¶390

Th6se batch Writ Petitions ari arise out of the same issue and therefore are being disposed of by a common order.

¶391

It is the case of the petitioners is that the 1 respondent passed orders in O.As for encroachment of land belonging to the S* respondent, but communicated to the petitioner after long time. Pursuant to the same, the 2'''^ respondent has evicted the petitioner, which is highly illegal and arbitrary. It IS submitted that Act No.33 of 2007 was brought into existence by duly amending some provisions in Charitable and Hindu Religious Institutions and Endowments Act, 30 of 1987 (in short ‘the Endowments Act’) where under the power of removing encroachment was vested with Endowments Tribunal constituted under Section 162(1) of the Act. Further the Government issued orders for constitution of A.P.Endowments Tribunal at Hyderabad vide G.O.Ms.No.837, dated 13.08.2009. Therefore, requested to set aside the impugned orders issued by the Deputy Commissioner, Endowments Department. 4. Per contra, the respondents filed counter-affidavit denying all material averments made in the writ petitions and mainly contended that the Assistant Commissioner, Endowments Department has filed the O.As against the encroachers and they were allowed by the Deputy Commissioner, Endowments Department declaring the petitioners and others as encroachers. Pursuant to the said order. the Assistant Commissioner, Endowments Department has evicted the encroachers under Section 84 of the Endowments

¶392

. .

¶393

Act and later the petitioners have filed these writ petitions after delay of several years without explaining the delay and latches on their part. Even otherwise assuming that the order is not valid, the petitioners would have challenged the same before the order IS executed by the Assistant Commissioner, Endowments under Section 84 of the Endowments Act. Hence, the writ petitions are liable to be dismissed.

¶394

Perused the record.

¶395

Upon perusal of entire material on record and considering the submissions of both the counsel, this Court opined that after establishment of Tribunal, the Deputy Commissioner has no authority to pass any order without having jurisdiction. 7. Under the aforementioned circumstances, this Court is inclined to set aside the impugned orders passed by the 1 respondent, while directing the Deputy Commissioner, Endowments, Visakhapatnam to refer the matters to the Endowment Tribunal for fresh consideration. within four (04) weeks months from the date of receipt of a copy of this order. On such submission, learned Endowment Tribunal is directed to dispose of the same as expeditiously as possible, preferably within three (03) months thereafter in accordance with law, after affording ample opportunity of hearing of the petitioners.

¶396