Sri Kasivswesara Swamy Temple, Vs Prl.Secy., Revenue Dept., Gun., & 4 Others

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[3206]

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APHC010841792017

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 38714/2017

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Between:

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SRI KASIVSWESARA SWAMY TEMPLE,, MALKAPURAM VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT, REP BY ITS EXECUTIVE OFFICER.

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...PETITIONER

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AND

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PRL SECY REVENUE DEPT GUN 4 OTHERS, REP: BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR.

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THE SPECIAL GRADE DEPUTY COLLECTOR, AND COMPETENT AUTHORITY, APCRDA, MALKAPURAM, UNIT HEAD-16, GUNTUR DISTRICT.

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THE TAHSILDAR, TULLURU MANDAL, GUNTUR DISTRICT.

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SRI MALLADI LAKSHMANA SASTRY, S/O. KRISHNAIAH, AGED 42 YEARS, R/O. 703, FORTUNE NEST, KONDAPUR, HYDERABAD.

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ALURI VENKAIAH DIED, S/O. ANJAIAH, AGED ABOUT 45 YEARS, R/O. MANDADAM VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT.

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ALURI KANAKADURGA W/O LATE ALURI VENKAIAH, AGED ABOUT 61 YEARS, HOUSE WIFE, R/O 5-101, MANDADAM, THULLURU, GUNTUR DISTRICT, ANDHRA PRADESH. R6 IS BROUGHT ON RECORD AS L.R OF THE DECEASED RESPONDENT NO.5 AS PER THE COURT ORDER DT.19.10.2024 VIDE ORDERS PASSED IN

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2

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I.A.NO. 01 OF 2024.

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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 toto issue an appropriate Writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing orders in RC.No.287/ 15, dated: 17.08.2017 declaring the land measuring Ac.6.67 cts in RS.No.40 of Malkapuram Village, Tullur Mandal, Guntur District as not belonging to the Sri Kasivisweswara Swamy Temple, Malkapuram Village, Tullur Mandal, Guntur District as bad, illegal, arbitrary, void, against the principles of natural justice, made without application of mind and violative of provisions of Endowments Act and violation Articles 14, 21 and 300-A of Constitution of India and SSA dam, the same and pass

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IA NO: 1 OF 2017(WPMP 48049 OF 2017

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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

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IA NO: 2 OF 2017(WPMP 48050 OF 2017

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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

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IA NO: 1 OF 2018

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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 vacate the interim orders WPMP.No. 48049 of 2017 dated 16-11-2017 in WP.No.38714 of 2017 in the interest of justice and pass

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IA NO: 2 OF 2018

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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 vacate the interim orders WPMP.No. 48050 of 2017 dated 16-11-2017 in WP.No.38714 of 2017 in the interest of justice and pass

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IA NO: 3 OF 2018

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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

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3

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vacate the interim orders in WPMP No. 48050/2017 in WP No. 38714/2017 dated 16.11.2017 and dismiss the above writ petition.

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IA NO: 1 OF 2023

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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 vacate the interim order passed in IA No. 1 of 2017 ( WP MP 48049.2017) in WP No.38714 of 2017, DATED 16-11-2017 in the interest of justice and pass

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IA NO: 2 OF 2023

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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 receive the counter on record by allowing the leave petition in the above writ petition and pass

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IA NO: 1 OF 2024

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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 bring the Petitioner No.2 Aluri Kanakadurga herein on record as Legal Representative of the deceased Petitioner No. 1/Respondent No.5 Aluri Venkaiah in the above W.P.No 38714 of 2017 as well as in lAs also as Respondent No. 6 and pass

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Counsel for the Petitioner:

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1.KAPPERA KOTESWARA RAO SC for Endowments,AP Region.26401/AP/938/2004

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Counsel for the Respondent(S):

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1.GP FOR REVENUE (AP)

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2.G KUMARA SWAMY NAIDU

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3.S PRANATHI

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4.J U M V PRASAD

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4

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The Court made the following Order:

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Learned Standing Counsel appearing for the petitioner Temple seeks to withdraw the writ petition on the ground that the Commissioner-APCRDA, Vijayawada has, by order, dated 17.08.2025 stated that the claims of the Temple would be settled as per G.O.Ms.No.330, Municipal Administration & Urban Development Department, dated 11.10.2018, whereby the Temple would be paid compensation under the Land Acquisition Act, while the third party claims would be settled by allotting the plots as per the Land Pooling Scheme along with the annual makthas. It is further submitted that this proposal was accepted by the Commissioner, Endowments Department.

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