Mupparaju Timpatiswami, Vs The State of Andhra Pradesh

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APHC010515532025

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[3458]

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

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MONDAY,THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 26573/2025

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Between:

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MUPPARAJU TIMPATISWAMI,, S/O VENKATASUBBAIAH, AGED ABOUT 61 YEARS, OCC- FARMER, D.NO.3-25, M.VEMUIAPADU, SANTHANOOTHALAPADU, PRAKASAM DISTRICT, ANDHRA PRADESH - 523273.

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BACHALA SAMBAIAH,, S/O LATE BACHALA VEERASWAMI, AGED ABOUT 61 YEARS, OCC- FARMER,D.NO.I-53, M.VEMUIAPADU, SANTHANOOTHALAPADU, PRAKASAM DISTRICT,ANDHRA PRADESH - 523273.

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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 ENDOWMENTS, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH - 522241.

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THE COMMISSIONER, ENDOWMENT DEPARTMENT, GOIIAPUDI, VIJAYAWADA , A.P. - 521225.

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THE ASSISTANT COMMISSIONER, ENDOWMENT DEPARTMENT, ONGOLE, PRAKASAMDISTRICT,ANDHRAPRADESH - 523001.

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THE EXECUTIVE OFFICER, SREE VEERESWARA SWAMI TEMPLE , M.VEMUIAPADU, SANTHANOOTHALAPADU, PRAKASAM DISTRICT, ANDHRA PRADESH - 523273.

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THE DISTRICT COLLECTOR, PRAKASAM DISTRICT,ONGOLE,

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2

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PRAKASAM DISTRICT,ANDHRA PRADESH - 523001.

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THE JOINT COLLECTOR, PRAKASAM DISTRICT,ONGOLE, PRAKASAM DISTRICT,ANDHRA PRADESH - 523001.

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THE REVENUE DIVISIONAL OFFICER, PRAKASAM DISTRICT,ONGOLE REVENUE DIVISION, PRAKASAM DISTRICT, ANDHRA PRADESH - 523001.

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THE TAHSILDAR, SANTHANOOTHALAPADU, PRAKASAM DISTRICT,ANDHRA PRADESH - 523225.

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THE VILLAGE REVENUE OFFICER, M.VEMULAPADU, SANTHANOOTHALAPADU, PRAKASAM DISTRICT, ANDHRA PRADESH - 523273.

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GODUGU RAMESH, S/O MASTAN, AGED ABOUT 52 YEARS, OCCFARMER, NARSINGOLE VILLAGE, JARUGUMALLI MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH - 523274.

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ENDLURI NAGOOR SAHEB, S/O RAJAN SAHEB, AGED ABOUT 65 YEARS, OCCFARMER, M.VEMULAPADU, SANTHANOOTHALAPADU, PRAKASAM DISTRICT, ANDHRA PRADESH - 523273.

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PENUBAVULA TIRUPATAIAH, S/O VENKAIAH, AGED ABOUT 65 YEARS, OCCFARMER, M.VEMULAPADU, SANTHANOOTHALAPADU, PRAKASAM DISTRICT, ANDHRA PRADESH - 523273.

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PENUBAVULA RAVANAIAH, S/O VENKAIAH, AGED ABOUT 70 YEARS, OCCFARMER, M.VEMULAPADU, SANTHANOOTHALAPADU, PRAKASAM DISTRICT, ANDHRA PRADESH - 523273.

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PENUBAVULA VENKATESWARULU, S/O VENKAIAH, AGED ABOUT 75 YEARS, OCCFARMER, M.VEMULAPADU, SANTHANOOTHALAPADU, PRAKASAM DISTRICT, ANDHRA PRADESH - 523273.

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UPPULURI KOTTAIAH, AGED ABOUT 65 YEARS, OCC-FARMER, M.VEMULAPADU, SANTHANOOTHALAPADU, PRAKASAM DISTRICT, ANDHRA PRADESH - 523273.

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3

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...RESPONDENT(S):

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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 topleased to issue an order, writ or direction more particularly in the nature of writ of mandamus declaring the action of the 4th 5th and 6th respondents in not taking action on petitioners representation dt.03.04.2025 and 22.07.2025 on illegal mutations and keeping the unofficial respondents 10 to 15 high handedly in the revenue records and not providing the Pattadhar Pass Book for Sri Veereswaraswamy Temple related to the lands in Sy.No.416/1, 416/2 and 416/3 to an extent of Ac.13.58 cents situated at M.Vemulapadu Village, Mattipadu Revenue, Santhanuthalapadu Mandal, Prakasam District and continuing the encroachers as defined under Sec.83 of Endowment Act., 1987 is as illegal, arbitrary, violation of Articles 14, 21 and 300A of the Constitution of India, violation of principles of Natural Justice and subsequently direct the respondents 4 to 6 to provide Pattadhar Pass Book in the name of Sri Veereswara Swamy Temple with respect to the Sy.No.416/1, 416/2 and 416/3 to an extent of Ac.13.58 cents situated at M.Vemulapadu Village, Mattipadu Revenue, Santhanoothalapadu Mandal, Prakasam District in accordance with law and prevent the encroachments in Sri Veereswara Swamy Temple lands immediately in the interest of equity, justice and pass

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IA 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 direct the respondents 4 to 6 to provide Pattadhar Pass Book in the name of Sri Veereswaraswamy Temple with respect to the Sy.No.416/1, 416/2 & 416/3 to an extent of Ac. 13.58 cents situated at M.Vemulapadu Village, Mattipadu Revenue, Santhanoothala padu Mandal, Prakasam District in accordance with law and prevent the illegal encroachments and damages in Sri Veereswaraswamy Temple lands immediately in the interest of equity, justice and pass

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Counsel for the Petitioner(S):

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1.D KISHORE KUMAR

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.DEVI SUBHASHINI ANNE

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4

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3.GP FOR ENDOWMENTS

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The Court made the following:

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ORDER:-

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Heard Sri D.Kishore Kumar, learned counsel for the petitioners, learned Assistant Government Pleader for Endowments appearing for the respondent Nos.1 to 3 and learned Assistant Government Pleader for Revenue appearing for the respondent Nos.5 to 9.

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The grievance of the petitioners is that the respondents are not taking any action on the representations made by the petitioners dated 03.04.2025 and 22.07.2025, requesting the respondents to take appropriate action for protection of the lands belonging to the temple from the respondents no.s 10 to 15.

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When the matter has been taken up for consideration today, the learned Government Pleader for Revenue placed before the Court a copy of instructions received by him in the case. A perusal of the same would reflect that the 4th respondent temple filed a Revision Petition before the 6th respondent to cancel the irregular mutations that took place in Sy.Nos.416/1, 416/2 and 416/3. The 6th respondent has taken up the Revision Petition. Thus, it is contended that there is no inaction on the part of the 4th respondent in taking steps for the protection of the subject land of the temple.

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Having regard to the same, the 6^th respondent is directed to pass appropriate orders on the Revision Petition filed by the 4^th respondent after issuing notice to the unofficial respondents in the writ

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5

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petition within a period of three (3) months from the date of receipt of the order.

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