Aithepalli Bala Subramanyam, Vs The State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI^

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(Special Original Jurisdiction)

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TUESDAY ,THE FOURTH DAY OF FEBRUARY\v--1 TWO THOUSAND AND TWENTY FIVE ^

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 2487 OF 2025

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Between:

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Aithepalli Bala Subramanyam,, S/o. Late Subbaramaiah Aged 63 years, Occ Cultivation, R/o. D.No.4-62, Srinivasamangapuram, Chandragiri Mandal, Tirupati District (Erstwhile Chittor District).

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Gudiyatham Sri Hari, S/o. Murthy, aged 40 years, Occ Coolie, R/o. D.No^-.69, Srinivasamangapuram Chandragiri Mandal,^{TirupatiDistrict} (Erstwhile Chittor District).

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K. Meri,, W/o. K. Dasu, aged 58 years, Occ Coolie R/o. D.NO. 4-6, > Srinivasamangapuramu, Chandragiri Mandal, Tirupati District (Erstwhile Chittor District).

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I. Sor^ Sekhar,, S/o. Chinnaiah, aged 37 years Occ Coolie, R/o. D.No.05, Srinivasamangapuram, Chandragiri Mandal, Tirupati District (Erstwhile Chittor District).

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J. Sakku bai,,^o. Late J. Changalrayulu, aged 66^{years,OccCoolie,} R/o. D.No. 5-16 Srinivasamangapuram, Chandragiri Mandal, Tirupati District (Erstwhile Chittor District).

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I. Bhanu Bhargav,, S!^ Bala Subramanyam, aged 27 years, Occ Coolie, R/o. D.No. 4-62, Srinivasamangapuram, Chandragiri Mandal, Tirupati District (Erstwhile Chittor District).

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...PETITIONER(S)

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AND

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

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The District Collector,, Tirupati District at Tirupati.

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Sri Swamy Hathiramji Mutt,, Rep. by its Mahanth D.No. 123, Gandhi Road, Tirupati Town, Tirupati District (Erstwhile Chittor District).’^

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Administrative Office,, Hathiramji Matt, Gandhi Road,Tirupati Town, Tirupati District (Erstwhile Chittor District).

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The Tahsildar,, Tirupati Rural Mandal, Tirupati District (ErstwhileChittor District).

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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 a writ, order or direction more particularly^one in the nature of WRIT OF MANDAMUS declaring the action of Respondents particularly Respondent No. 3 and 4 in insisting the^{Petitionerstovacate} from their house and site properties situated in Sy. No. 596/IB, 594, 595 situated at Srinivasamangapuram Village, Chandragiri Mandal, Tirupati District and threatening to demolish the same as illegal, irregular, irrational and offends Articles 14,21 and 300-Aof the Constitution of India and consequently direct the Respondents particularly Respondents^3and4not to interfere in any manner with the Petitioners said house site properties

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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 to direct the Respondents particularly 3rd and 4th Respondent not to interfere in any manner with petitioners’ respective house and site properties situated in survey numbers 596/IB, 594 and 595 situated at Srinivasamangapuram Village, Chandragiri Mandal, Tirupati District, pending disposal of main writ petition

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Counsel for the Petitioners: SRI SIVA SANKARA RAO BORRA

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Counsel for the Respondent No.1: GP FOR ENDOWMENTS

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Counsel for the Respondents No.2, 5: GP FOR REVENUE

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Counsel for the Respondents No.3, 4: —

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The Court made the following: Order

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APHC010044362025

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

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[3310]

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TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 2487/2025

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Between:

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Aithepalli Bala Subramanyam, and Others

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...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.SIVA SANKARA RAO BORRA

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR ENDOWMENTS

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The Court made the following Order:

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ORDER

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This petition is filed under Article 226 of the Constitution of India for the following relief:-

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pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents particularly

<, —

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Respondent No. 3 and 4 in insisting the Petitioners^tovacate from their house and site properties situated in Sy.Nos.596/1B, 594, 595 situated at Srinivasamangapuram Village, Chandragiri Mandal, Tirupati District and threatening to demolish the same as illegal, irregular, Irrational and offends Articles 14, 21 and 300-A of^the Constitution of India and consequently direct the Respondents particularly Respondents 3 and 4 not to interfere in any manner with the Petitioners said house^site properties... ”,

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The case of the petitioners in brief is that the petitioners are absolute owners and possessors of the house site properties situated in Sy.No.596/1B, 594 and 595 of Srinivasamangapuram Village, Chandragiri Mandal, Tirupathi District having acquired the same^{fromourancestors.After} the demise of the predecessors, the petitioners are in possession of the subject properties without any interruption and have also obtained permissions from the competent authorities to construct RCC buildings in their respective house sites. While so, Respondent Nos.3 and 4 are visiting the house site properties of the petitioners and insisting^{thefamiliestovacate} from their house site properties alleging that the subject land is belonged to their Mutt. Aggrieved by the same, the present Writ^{Petitionisfiled.}

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Heard Mr Siva Sankara Rao Borra, learned counsel for the petitioners and the learned Government Pleader for Endowments appearing for the respondents.

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On hearing, learned counsel for the petitioners submits^thatthe predecessors of Mutt allowed the ancestors of the petitioners to construct

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houses in the subject properties and thereafter, the petitioners being their legal heirs are enjoying the said properties with absolute rights. He further submits that though Respondent Nos.3 and 4 has knowledge about entrustment of the said properties to the ancestors of the petitioners, they are insisting the petitioners to vacate from the subject properties which is illegal and arbitrary. Hence, the learned counsel for the petitioners requests to pass appropriate orders.

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Learned Government Pleader for Endowments appearing^forthe respondents submits that the subject properties do not belong to the petitioners and they are encroachers. He further submits that as the petitioners are encroachers, they are not entitled for any relief sought in this Writ Petition and prayed to dismiss the same.

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Considering the submissions of learned counsel for the petitioners and the learned Government Pleader for Endowments, Respondent Nos.3 and 4 are directed to take steps under^{Section83ofthe} AP Charitable and Hindu Religious Institutions and Endowments^Act,1987 within a period of two (02) months from the date of receipt of a copy of this order. Till then, the respondents are directed not to interfere within the possession of the petitioners over the house site properties situated in Sy.No.596/IB, 594 and 595 situated at Srinivasamangapuram Village, Chandragiri Mandal, Tirupati District.

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