U Seetaramalakshmi Vs the State of Andhra Pradesh

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^{oneinthenature} of Writ of Mandamus, i. declaring the Impugned auction of respondents, particularly 2*^*^ respondent in not considering the proposals submitted by the 3 rd respondent vide proceedings Rc.No.CV1444/2022, dt 30.12.2024, for extension of license period in favour of petitioners, while considering other licensees for extension of licenses for 8 years vide G.O.Ms.No.69 Revenue(Endowments.ll) Department, dt 10.01.2022, on the file of 1st respondent and ii. further action of 3rd respondent in proceeding to evict the petitioners from their shops, while proposals were pending asillegal, arbitrary and violative of Article 14 of the Constitution of India, apart from violative of principles of natural Justice, iii.consequently direct the respondents 1 and 2, to consider the petitioners on par with those considered^forextension of license vide G.O.Ms.No.69 Revenue(Endowments.ll) Department, dt 10.01.2022, by considering the proposals submitted by 3 rd respondent in Rc.No.CI/1444/2022, dt 30.12.2024, in the interest of justice.

¶29

lA NO: 1 OF 2025

¶30

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to evict the petitioners from their respective shops under the 3rd respondent, pending disposal of the above^{WritPetition.}

¶31

Counsel for the Petitioners: SRI G V SHIVAJI

¶32

Counsel for the Respondent Nos.1 & 2: GP FOR ENDOWMENTS

¶33

Counsel for the Respondent No.3: SRI KAPPERA KOTESWARA^RAOSC for Endowments, AP Region.

¶34

WRIT PETITION NO: 16753 OF 2025

¶35

Between:

¶36

Tangelia Naga Durga,, W/o. Hanumantha Rao, aged 37 years.

¶37

Prakhya Lakshmi Kumari,, W/o- Raghurama Sarma, aged 55 years. 3. Y.Venkateswarlu,, . S/o.Chinna Venkateswarlu, aged 49 years. (All are of services, notices of R/o- D.No. 10-7-7, IVo-D.No.2-55, Ramalayam Veedhi, Narendrapuram, Rajanagaram, East Godavari District-53329 4)

¶38

...Petitioners

¶39

AND

¶40

The State of Andhra Pradesh, Rep. by its Principal Secretary, Endowments Department Secretariat Buildings, Velagapudi Amaravathi, Guntur District.

¶41

The Commissioner of Endowments, Government of Andhra Pradesh, Gollapudi, Vijayawada.

¶42

Sri Durga Malleswaraswami Varla Devasthanam, Rep.by its Executive Officer, Indrakeeladri, Vijayawada, Krishna District.

¶43

...Respondents

¶44

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^{oneinthenature} of Writ of Mandamus, i. declaring the Impugned auction of respondents, particularly 2nd respondent in not considering the proposals submitted by the 3 rd respondent vide proceedings Rc.No.Cl/1444/2022, dt 30.12.2024, for extension of license period in favour of petitioners, while considering other licensees for extension of licenses for 8 years vide G.O.Ms.No.69 Revenue(Endowments.ll) Department, dt 10.01.2022, on the file of 1st respondent and ii. further action of 3rd respondent in proceeding to evict the petitioners from their shops, while proposals were pending as illegal, arbitrary and violative of Article 14 of the Constitution of India, apart from violative of

¶45

principles of natural Justice, iii.consequently direct the respondents¹ and 2, to consider the petitioners on par with those considered for extension of license vide G.O.Ms.No.69 Revenue{Endowments.ll) Department, dt 10.01.2022, by considering the proposals submitted by 3rd respondent in Rc.No.CI/1444/2022, dt 30.12.2024, in the interest^ofJustice.

¶46

lA NO: 1 OF 2025

¶47

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to evict the petitioners from their respective shops under the 3'"^ respondent, pending disposal of the^aboveWrit Petition.

¶48

Counsel for the Petitioners: SRI G V SHIVAJI

¶49

Counsel for the Respondent Nos.1 & 2: GP FOR ENDOWMENTS Counsel for the Respondent No.3: SRI KAPPERA KOTESWARA RAO SC for Endowments, AP Region.

¶50

The Court made the following Common order:

¶51

APHC01O319682025

¶52

IN THE HIGH COURT OF ANDHRA PRADESH

¶53

■m:

¶54

AT AMARAVATI

¶55

(Special Original Jurisdiction)

¶56

[3458]

¶57

MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE

¶58

PRESENT

¶59

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

¶60

WRIT PETITION NO: 15931/2025

¶61

Between:

¶62

1.U SEETARAMALAKSHMI, W/0. VENKATESWARA RAO, AGED 52 YEARS.

¶63

2.K,ANIL KUMAR,, S/O. JAMALAIAH, AGED 38 YEARS.

¶64

3.K.DURGA RAO,, S/O. JAMALAIAH, AGED 39 YEARS.

¶65

4.K.NAGAMALLESAWARA RAO,, S/O. VENKATESWARA RAO, AGED 31 YEARS.

¶66

5.G.VENKATESWARA RAO,, S/O. PENTARAO, AGED 45 YEARS.

¶67

6.G.SANKARA RAO,, S/O. VENKATA RAO, AGED 54 YEARS.

¶68

7.K.JAYA LAKSHMI,, W/0. K.SRINIVASA RAO, AGED 50 YEARS.

¶69

QA.AADl SESHU DEVI,, W/0. I.SRINIVASA RAO, AGED 44^YEARS.

¶70

9.Y.SRINIVASUIU,, S/O. CHINNA VENKATESWARLU, AGED 41 YEARS. (AIL ARE OF SERVICES, NOTICES OF R/0. D.NO. 10-7-7, SANYAASI VEEDHI, BRAHMANA VEEDHI, NEAR RAM SAI MANDIR, VIJAYAWADA-520001)

¶71

...PETITIONER(S)

¶72

AND

¶73

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

¶74

2

¶75

2.THE COMMISSIONER OF ENDOWMENTS, GOVERNMENT OF ANDHRA PRADESH, GOIIAPUDI, VIJAYAWADA.

¶76

SRI DURGA MALLESWARASWAMI VARLA DEVASTHANAM, REP.BY IT’S EXECUTIVE OFFICER, INDRAKEELADRI, VIJAYAWADA, KRISHNA DISTRICT.

¶77

...RESPONDENT(S):

¶78

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 toPleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, i. declaring the Impugned auction of respondents, particularly 2 nd respondent in not considering the proposals submitted by the 3 rd respondent vide proceedings Rc.No.CV1444/2 022, dt 30.12.2024, for extension of license period in favour of petitioners, while considering other licensees for extension of licenses for 8 years vide G.O.Ms.No.69 Revenue(Endowments.ll) Department, dt 10.01.2022, on the file of 1st respondent and ii. further action of 3rd respondent in proceeding to evict the petitioners from their shops, while proposals were pending asillegal, arbitrary and violative of Article 14 of the Constitution of India, apart from violative of principles of natural Justice, iii.consequently direct the respondents 1 and 2, to consider the petitioners on par with those considered for extension of license vide G.O.Ms.No.69 Revenue(Endowments.ll) Department, dt 10.01.2022, by considering the proposals submitted by 3 rd respondent in Rc.No.CI/1444/2022, dt 30.12.2024, in the interest of justice and pass

¶79

lA NO: 1 OF 2025

¶80

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 not to evict the petitioners from their respective shops under the 3rd respondent, pending disposal of the above Writ Petition and pass

¶81

Counsel for the Petitioner(S):

¶82

1.G VSHIVAJI

¶83

Counsel for the Respondent(S):

¶84

¶85

KAPPERA KOTESWARA RAO SC for Endowments,AP

3

Region.

GP FOR ENDOWMENTS

APHC010331492025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3458]

¶92

(Special Original Jurisdiction)

¶93

MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE

¶94

PRESENT

¶95

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

¶96

WRIT PETITION NO: 16753/2025

¶97

Between:

¶98

1.TANGELLA NAGA DURGA,, W/0. HANUMANTHA RAO, AGED 37 YEARS.

¶99

2.PRAKHYA LAKSHMI KUMARI,, W/0- RAGHURAMA SARMA, AGED 55 YEARS.

¶100

. 3.Y.VENKATESWARLU,, . S/O.CHINNA VE N KATESWAR LU,^AGED49 YEARS. (ALL ARE OF SERVICES, NOTICES OF R/0- D.NO.10-7-7, IVO-D.NO.2-55 RAMALAYAM VEEDHI, NARENDRAPURAM RAJANAGARAM, EAST GODAVARI DISTRICT-533294)

¶101

...PETITIONER(S)

¶102

AND

¶103

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

¶104

2.THE COMMISSIONER OF ENDOWMENTS, GOVERNMENT OF ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA.

¶105

1. SRI DURGA MALLESWARASWAMI VARLA DEVASTHANAM, REP.BY ITS EXECUTIVE OFFICER, INDRAKEELADRI, VIJAYAWADA,

¶106

KRISHNA DISTRICT.

¶107

...RESPONDENT(S):

¶108

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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, i. declaring the Impugned auction of respondents, particularly 2nd respondent in not considering the proposals submitted by the 3 rd respondent vide proceedings Rc.No.CI/1444/2022, dt 30.12.2024, for extension of license period in favour of petitioners, while considering other licensees for extension of licenses for 8 years vide G.O.Ms.No.69 Revenue(Endowments.ll) Department, dt 10.01.2022 on the file of 1st respondent and ii. further action of 3rd respondent in proceeding to evict the petitioners from their shops, while proposals were pending as illegal, arbitrary and violative of Article 14 of the Constitution of India, apart from violative of principles of natural Justice, iii.consequently direct the respondents 1 and 2, to consider the petitioners on par with those considered for extension of license vide G.O.Ms.No.69 Revenue(Endowments.ll) Department, dt 10.01.2022, by considering the proposals submitted by 3rd respondent in Rc.No.CI/1444/2022, dt 30.12.2024, in the interest of Justice and pass

¶109

lA NO: 1 OF 2025

¶110

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 may be pleased to direct the respondents not to evict the petitioners from their respective shops under the 3"'^'' respondent, pending disposal of the above Writ Petition and pas

¶111

Counsel for the Petitioner(S):

¶112

1.G VSHIVAJI

¶113

Counsel for the Respondent(S):

¶114

1.KAPPERA KOTESWARA RAO SC for Endowments, AP Region.

¶115

2. GP FOR ENDOWMENTS

¶116

The Court made the following:

¶117

5

¶118

COMMON ORDER:-

¶119

Heard Sri G.V.Shivaji, learned counsel for the petitioners, learned Government Pleader for Endowments appearing for the and 2^^ respondents and Sri Kappera Koteswara Rao, learned Standing Counsel for the respondent.

¶120

The petitioners are license holders in respect of the shops auctioned by the 3'''' respondent in 2016 for three years; their licenses had been extended from time to time based on representations made by the petitioners. It is contended that they had to relocate the places occupied by them as and when required by the temple, either during^{thefestiveseasonor} during the expansion/renovation of the temple area. It is contended that due to regular shifting and relocation of the business, the petitioner had sustained losses. To recoup the same, the petitioners filed a representation to the 2"*^ respondent seeking an extension of the lease. The 2'^'^ respondent, in turn, had called for a report of the 3'^'' respondent. The 3^'^ respondent had submitted a report on 30.12.2024. However, no orders have been passed on the representation of the petitioners. Hence the writ petition.

¶121

The respondents filed counter affidavit stating that^thelandover which the stalls occupied by the petitioners are constructed, is required for construction of a building for the administrative requirement of the temple and there are changed circumstances after its report to the 2"^ respondent. It is further stated in the counter affidavit that 3'"'^ respondent issued an auction

¶122

6

¶123

notice to allot vacant spaces in the floor of the Mallikarjuna Mahamandapam of the subject temple to put up temporary stalls and eight (8) out of Nineteen (19) shops have already been auctioned and confirmed in favour of the highest bidders.

¶124

The learned Standing Counsel for the respondent would submit that the license granted in favour of the petitioners has also expired on 30.06.2025. Therefore, the petitioners are not entitled to seek extension of license period and they are the encroachers in terms of Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.

¶125

Considered the rival submissions. 6. Having regard to the fact that no orders on the representation made by the petitioners, have been passed and communicated to the petitioners, this Court deems it appropriate to dispose of the writ petitions directing the 2 nd respondent to pass appropriate orders pursuant to the proposals submitted by the 3^'^ respondent on 30.12.2024. in Rc.No.C 1/1444/2022 in connection with the representation of the petitioners, in accordance with law, after affording sufficient opportunity to the petitioners Till passing of such orders, the interim orders passed by this Court on 30.06.2025 would continue.

¶126

7

¶127