Movva Satish Babu Vs The State of Andhra Pradesh

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APHC010382582025

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

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It
(Special Original Jurisdiction) /
W .'OS
FRIDAY, THE TWENTY FIFTH DAY OF JULY />■ J
TWO THOUSAND AND TWENTY FIVE 4 A 4,^y
c V

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PRESENT

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THE HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 19319 OF 2025

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Between:

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Movva Satish Babu, S/o. Baburao, Aged about 46 years,^{R/o.D.No.3-119} Movva Village and Mandal, Krishna District.

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Movva Suresh Babu, S/o. Baburao, Aged about 45 years,^{R/o.D.No.3-119} Movva Village and Mandal, Krishna District.

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Meka Tirupati Rayudu, S/o. Venkateswara Rao, Aged about 45 years, R/o. Flat No.314, HMT Hills, Kukatpally, Hyderabad, Telangana.

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...Petitioners

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Endowments, A.P Secretariat, Velagapudi, Amaravati

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The Commissioner of Endowments, Andhra Pradesh, Vijayawada.

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Sri Prudhviswara Swamy Devasthanam, Nadakuduru Village, Challapaili Mandal, Krishna District, Andhra Pradesh. Rep.by its^{ExecutiveOfficer.}

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✓

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...Respondents

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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 an order or direction, more in the nature of Writ of Mandamus, declaring the action of the Respondents more^particularly the Respondent No.3 herein in issuing the Tender-Cum-Public^Auction Notice dated 13.07.2025 by including the private lands of^the Petitioners herein admeasuring an extent of Ac. 1.50 cents in Sy.No.3-2-D1,^Ac.1.50 cents in Sy.No.3-2-D2 and Ac.1.00 cents in Sy.No.3-2E of Elamarru Village, Pedaparupudi Mandal, Krishna District as being illegal, arbitrary and in violation of principles of natural justice and in violation^{ofArticles14,19(1)(g)} and 300-A of the constitution of India and also in violation of A.P Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 and Consequently set aside the Tender-Cum-Public^Auction Notice dated 13.07.2025 issued by the Respondent No.3^{andfurtherdirect} the Respondents not to interfere with the title, possession and enjoyment of the Petitioners over lands of the Petitioners herein admeasuring an extent of Ac.1.50 cents in Sy.No.3-2-D1, Ac.1.50 cents in Sy.No.3-2-D2^andAc.1.00 cents in Sy.No.3-2E of Elamarru Village, Pedaparupudi^Mandal, Krishna District.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the Tender-Cum-Public Auction Notice^{dated13.07.2025} issued by the Respondent No.3, pending disposal of^{theabovewritpetition.}

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lA NO: 2 OF 2025

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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 to direct the Respondent Nos.2 & 3 herein not to interfere with the possession and enjoyment of the Petitioners over lands of the Petitioners herein admeasuring an extent of Ac. 1.50 cents in Sy.No.3-2-D1,^Ac.1.50cents in Sy.No.3-2-D2 and Ac. 1.00 cents in Sy.No.3-2E of Elamarru Village, Pedaparupudi Mandal, Krishna District, pending disposal^{oftheaboveWrit} Petition.

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Counsel for the Petitioners: SRI N. ASHWANI KUMAR

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

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Counsel for the Respondent No.3 ; SMT. PULIPATI RADHIKA, SC FOR ENDOWMENTS

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The Court made the following order:

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APHC010382582025

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

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[3458]

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FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 19319 OF 2025

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Between:

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1.MOWA SATISH BABU, S/0 BABURAO, AGED ABOUT 46 YEARS, R/0 D.NO.3-119, MOWA VILLAGE AND MANDAL, KRISHNA DISTRICT.

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2.MOWA SURESH BABU, S/0 BABURAO, AGED ABOUT 45 YEARS, R/0 D.NO.3-119, MOWA VILLAGE AND MANDAL, KRISHNA DISTRICT.

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3.MEKA TIRUPATI RAYUDU,, S/0 VENKATESWARA RAO, AGED ABOUT 45 YEARS, R/O FLAT N0.314, HMT HILLS, KUKATPALLY, HYDERABAD, TELANGANA.

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...PETITIONER(S)

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AND

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1.THE STATE OF ANDHRA PRADESH. REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF ENDOWMENTS, A.P SECRETARIAT, VELAGAPUDI, AMARAVATI

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

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3.SRI PRUDHVISWARA SWAMY DEVASTHANAM, NADAKUDURU VILLAGE, CHALLAPALLI MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. REP.BY ITS EXECUTIVE OFFICER. ...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 topleased to issue an order or direction, more^{inthenatureofWritof} Mandamus,declaring the action of the Respondents more particularly the Respondent No.3 herein in issuing the Tender-Cum-Public^{AuctionNotice} dated 13.07.2025 by including the private lands of^the Petitioners herein

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admeasuring an extent of Ac. 1.50 cents in Sy.No.3-2-D1, Ac. 1.50 cents i n“ Sy.No.3-2-D2 and Ac.1.00 cents in Sy.No.3-2E of Elamarru Village Pedaparupudi Mandal, Krishna District as being illegal, arbitrary and in violation of principles of natural justice and in violation of Articles 14, 19(1)(g) and 300-A of the constitution of India and also in violation of A.P Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 and Consequently set aside the Tender-Cum-Public Auction Notice dated 13.07.2025 issued by the Respondent No.3 and further direct the Respondents not to interfere with the title, possession and enjoyment of the Petitioners over lands of the Petitioners herein admeasuring an extent of Ac.1.50 cents in Sy.No.3-2-D1, Ac.1.50 cents in Sy.No.3-2-D2 and Ac.1.00 cents in Sy.No.3-2E of Elamarru Village, Pedaparupudi Mandal, Krishna Districtand pass

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lA NO: 1 OF 2025

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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 suspend the Tender-Cum-Public Auction Notice dated 13.07.2025 issued by the Respondent No.3, pending disposal of the above writ petition and pass

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lA NO: 2 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the H%h Court may be pleased pleased to direct the Respondent Nos.2 & 3 herei^not to interfere with the possession and enjoyment of the Petitioners over' lands of the Petitioners herein admeasuring an extent of Ac. 1.50 cents in Sy.No.3-2-D1,^Ac.1.50 cents in Sy.No.3-2-D2 and Ac.1.00 cents in Sy.No.3-2E of Elamarru Village, Pedaparupudi Mandal, Krishna District, pending disposal of the above Writ Petition and pass

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Counsel for the Petitioner(S):

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1.N ASHWANI KUMAR

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Counsel for the Respondent(S);

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1.GP FOR ENDOWMENTS

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3

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 19319 OF 2025

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The Court made the following order:

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Heard Sri N Ashwani Kumar, learned counsel for the petitioners, learned Assistant Government Pleader for Endowments appearing for respondent Nos.1 and 2 and Smt. Pulipati Radhika, learned Standing Counsel appearing for respondent No.3. With the consent of both the learned counsel. the writ petition is disposed of at the stage of admission.

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It is contended that the 3'"'^ respondent, while issuing^{thenotificationfor} auction of the leasehold rights in respect of the agricultural lands of the temple, has also included the lands belonging to the petitioners. The subject lands are the petitioners’ absolute properties and have never formed part of the lands belonging to the Endowments. In fact, this^{isthefirsttimethatthe} subject lands have been proposed for auction. It is^{alsothefirsttimethatthe} leasehold rights in respect of the subject lands have^{beenincludedforauction.} Therefore, the petitioners pray for the exclusion of the subject property from the auction in the present writ petition.

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In support of this contention, the petitioners have^{annexedtothewrit} petition their pattadar passbooks, reflecting the extent of their properties over an extent of Ac.1.50 cents in Sy.No.3-2-D1, Ac.1.50 cents in Sy.No.3-2-D2, and Ac.1.00 cents in Sy.No.3-2-E of Elamarru Village, Pedaparupudi Mandal, Krishna District.

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Smt. Pulipati Radhika, learned Standing Counsel appearing for respondent No.3, submits that the subject lands although have been notified for auction for the first time, they are temple lands and have been recorded i n the revenue records.

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Having regard to the contentions advanced, this Court deems it appropriate to dispose of the writ petition by granting liberty to the respondent to proceed with the auction, excluding the land belonging to the petitioners. However, it is made clear that the respondents are at liberty to take appropriate action in accordance with law against the petitioners, if it is found that the petitioners are in unauthorized occupation of the lands belonging to temple, after following the due procedure contemplated under the Act. A*

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