B Vijayamma Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

B Vijayamma Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

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APHC010043372023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3458]

TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 2146/2023

Between:

B VIJAYAMMA, W/O B.RAMI REDDY, AGED ABOUT 72-YEARS, OCC. HOUSEWIFE, R/O H.NO. 1/2826 YEDULAPALLI ROAD, REVENUE WARE NO.1 PAMIDI VILLAGE AND MANDAL, ANANTHAPURAMU DISTRICT.

...PETITIONER

AND

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

THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, ANANTHAPURAMU.

THE ASSISTANT COMMISSIOINER, , ENDOWMENTS DEPARTMENT, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT.

THE TAHSILDAR, PAMIDI MANDAL, ANANTHAPURAMU DISTRICT.

...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 tomay be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in threatening to dispossess the petitioner herein from her lawful possession in respect of the land in Sy.No. 823-C admeasuring Ac. 0.07 cents situated at Pamidi village and Mandal,

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Ananthapuramu District, without any notice and without following the procedure contemplated under the Statute as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent authorities not to take any coercive steps without following the due process of Law, and to grant such

IA NO: 1 OF 2023

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 be pleased to direct the respondent authorities not to dispossess or in any manner interfere with the peaceful possession and enjoyment of the petitioner in respect of the land in Sy.No. 823-C admeasuring Ac. 0.07 cents situated at Pamidi village and Mandal, Ananthapuramu District, pending disposal of the main Writ Petition, and to pass such

IA NO: 1 OF 2024

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 vacate the interim order dated: 31-01-2023 passed in W.P.No.2146 of 2023 and dismiss the writ petition

Counsel for the Petitioner:

1.Y RATNA PRABHA

Counsel for the Respondent(S):

1.GP FOR REVENUE

2.GP FOR ENDOWMENTS

The Court made the following:

ORDER :-

Heard Sri Y.Ratna Prabha, learned counsel for the petitioner and learned Government Pleader for Revenue, appearing for the respondents.

2. Challenging the action of the respondents in threatening to

dispossess the petitioner herein from the possession in respect of the land in

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Sy.No.823-C, admeasuring Ac.0.07 cents, situated at Pamidi Village and Mandal, Ananthapuramu District, the instant Writ Petition has been filed.

It is stated that the petitioner herein is the absolute owner and possessor of the subject land, having purchased the same for valid consideration vide sale deed dated 29.01.1977. It is further stated that the respondent authorities have been interfering with the petitioner’s possession of the subject land, without recourse to law.

The 3^rd respondent filed counter affidavit stating that treating the vendors of the petitioner as encroachers of the subject land, eviction proceedings were initiated against them, under the provisions of Section 83 of the Act 30/87 in O.A.4/1994 before the Deputy Commissioner of Endowments Department, Kurnool. Subsequently the said O.A.No.4/1994 was transferred to A.P Endowments Tribunal, Hyderabad, after its formation and renumbered as Ο.Α.Νο.782/2010. The Endowments Tribunal vide Judgment and Decree dated 07.07.2012 allowed the O.A. filed by the temple in O.A.No.782/2010.

It is further stated that aggrieved by the said decree and Judgment in O.A.No.782/2010, the said four persons i.e ., petitioner’s vendors preferred an appeal before this Court in C.M.A No.722 of 2012. This Court vide its order dated 30.07.2012, granted interim stay in C.M.A.M.P.No.1378/2012. And on 14.10.2017, this Court allowed the appeal by setting aside the Decree and Judgment passed in O.A.No.782/2010 and remanded the said matter to the Tribunal for disposal afresh. Accordingly, the

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A.P Endowments Tribunal was pleased to restore the O.A to its original file in O.A.No.782/2010 and issued notices to the petitioners and respondents in the said O.A. The said O.A is pending for adjudication before the A.P Endowments tribunal.

In view of the above, the Writ Petition is disposed of, directing the respondents not to dispossess the petitioner from possession of the subject property without following due procedure under law. There shall be no order as to costs.

As a sequel, all pending miscellaneous applications shall stand closed.

______________________________ JUSTICE KIRANMAYEE MANDAVA

Date:05.08.2025 MVK

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287

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

WRIT PETITION NO:2146/2023

Date:05.08.2025 MVK