T. Venkata Narayana Reddy Vs The State of Andhra Pradesh

T. VENKATA NARAYANA REDDY, , S/O.SREESWARA REDDY AGED ABOUT 52 YEARS, R/O.D.NO.4/878, THIKKARAMAYYA MATAM, RAGITEELA PALYAM, REVENUE WARD NO. 4, TADIPATRI TOWN, ANANTAPUR DISTRICT, ANDHRA PRADESH - 515411

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY ENDOWMENTS DEPARTMENT, A. P.SECRETARIAT, AMARAVATHI, A.P.-522238.

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THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, ROAD NO. 1, GANGA NAGAR, ANANTAPUR, ANDHRA PRADESH - 515004.

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TADIPATRI MUNICIPALITY, REP. BY ITS COMMISSIONER, TADIPATRI, ANANTAPUR DISTRICT ANDHRA PRADESH - 515411.

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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 a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring that the action of 2nd and 3rd Respondents herein in trying to interfere with the peaceful possession and demolishing the Petitioners property i.e. Temporary Shed, situated in Survey No.550-A, Tadipatri Municipality, Tadipatri Town, Ananthapuram District, A.P

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i.e. Subject Property, without issuing any notice, without considering the Petitioners representation dated.09.02.2026, as illegal, arbitrary, contrary to principles of Natural Justice, provisions of the Andhra Pradesh Municipalities Act, 1965 and Andhra Pradesh Charitable And Hindu Religious Institutions And Endowments Act, 1987, besides being violative of Articles 14, 21 and 300(A) of the Constitution of India and consequently direct the respondents to not to interfere with the peaceful possession and enjoyment of the Petitioners property i.e. Temporary Shed in Survey No.550-A, Tadipatri Municipality, Tadipatri Town, Ananthapuram District, A.P and pass

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IA NO: 1 OF 2026

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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 herein not to take any coercive steps including that of demolition/dispossession of Subject property i.e. Temporary Shed, situated in Survey NO.550-A, Tadipatri Municipality, Tadipatri Town, Ananthapuram District, A.P, belonging to the Petitioner herein and pass

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Counsel for the Petitioner:

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1.CKR ASSOCIATES

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Counsel for the Respondent(S):

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1.GP FOR ENDOWMENTS

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The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8482/2026

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ORDER:

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This writ petition is filed under Article 226 of the Constitution

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of the India seeking the following reliefs:-

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“to issue a writ, order or direction particularly one in the nature of a writ of Mandamus declaring that the action of 2^nd and 3^rd respondents herein in trying to interfere with the peaceful possession and demolishing the Petitioner’s property i.e. Temporary Shed, situated in Survey No.550-A, Tadipatri Municipality, Tadipatri Town, Ananthapuram District, A.P i.e. Subject Property, without issuing any notice, without considering the petitioner’s representation dated 09.02.2026 as illegal, arbitrary, contrary to principles of Natural Justice, provisions of the Andhra Pradesh Municipalities Act, 1965 and Andhra Pradesh Charitable and Hindu Religious Institutions And Endowments Act, 1987, besides being violative of Articles 14, 21 and 300(A) of the Constitution of India and consequently direct the respondents to not to interfere with the peaceful possession and enjoyment of the Petitioner’s property i.e. Temporary Shed, situated in Survey No.550-A, Tadipatri Municipality, Tadipatri Town, Ananthapuram District, A.P. and to pass such other order or orders.”

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Heard learned counsel for the petitioner and learned counsel for the respondents.

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Learned counsel for the petitioner submits the petitioner is the absolute owner and possessor of the temporary shed situated in Sy.No.550-A, Tadipatri Municipality, Tadipatri Town, Ananthapuram District, having acquired the same through a registered sale deed dated 26.11.2001. While things stood thus, without issuing any notice and without conducting enquiry,

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respondent Nos.2 and 3 orally instructed the petitioner to remove the temporary shed. Then, the petitioner submitted a representation dated 09.02.2026 to the 2^nd respondent. Without considering the representation submitted by the petitioner, respondent Nos.2 and 3 are trying to enter into the subject property and attempting to take measurements without following due process of law. Hence, the Writ Petition.

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Learned counsel for the respondents furnished written instructions dated 01.04.2026, wherein it is stated that no permission was given to the petitioner for erection of such temporary shed situated in Sy.No.550-A, Tadipatri Municipality. Further, there is no demolition activity is taken up in respect of subject shop as alleged by the petitioner. He further submits that if the respondents intend to initiate any such action for demolition, the respondent authorities would follow due process of law.

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Considering the submissions made by both the learned counsel and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of directing the respondents more particularly respondent No.2 not to interfere with the peaceful possession and enjoyment of the petitioner’s subject property, without following due process of law.

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