N Sudhakar vs. State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Endowments)
Before:
Hon'ble K Suresh Reddy
Listed On:
21 Jul 2020
Original Order Copy
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Order Text
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
:PRESENT:
THE HONOURABLE SRI JUSTICE K SURESH REDDY
WRIT PETITION NO: 11859 OF 2020
Between:
$\cdot$
N Sudhakar, S/.o. N. Subba Rao, Aged 40 years, H.No.23-24-20, Satyanarayapuram, Vijayawada, Krishna District
Petitioner
AND
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- State of Andhra Pradesh, Rep.by its Special Chief Secretary, Revenue (Endowments) Department, A.P. Secretariat, Guntur
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- The Commissioner of Endowments, Andhra Pradesh, Gollapudi, Vijayawada, Krishna District
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- The Assistant Commissioner, Endowments Department, Krishna District
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- Kasi Visweswara Swamy Temple, Rep. by its Executive Officer,
- Satyanrayanapuram, Vijayawada, Krishna District 5. Sri Bhuvaneswari Pettam, Keeswarapalli, Gannavaram, Krishna District, rep. by
- its Dharmadhikari
Respondents
WHEREAS the Petitioner above named through his Advocate Sri.D.V.Sasidhar presented this 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 an appropriate Writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents 1 to 4 in handing over Sri Sita Rama Kalyanamandapam, Measuring 583 1/3 Sq Yards of land including building constructed therein situated at Satyanarayanapuram, Vijayawada, Krishna District belonging to the 4th respondent temple under the guise of Proceedings of the 1st respondent Memo No.REV-01-Endts/979096/2018-Endts-II dated 19-05-2020 and the 2nd respondent consequential proceedings in RC.No.B2/12026(51)/38/2020 dated 02-07-2020 to the 5th respondent as bad, illegal, arbitrary, without jurisdiction and violative of principles of natural justice and being violative of Articles 14, 21 and 25 of Constitution of India and consequently set aside the Proceedings of the 1st respondent Memo No.REV-01-Endts/979096/2018-Endts-II, dated 19-05-2020 and the 2nd respondent consequential proceedings in RC.No.B2/12026(51)/38/2020 dated 02-07-2020 and restore the possession of the Sri Sitaram Kalyanamandapam to the 4th respondent temple;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.D.V.Sasidhar Advocate for the Petitioner, Government Pleader for Endowments for Respondent Nos.1 to 3 and of Sri.K.Madhava Reddy, Standing Counsel, takes notice on behalf of respondent No.4, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
-
- The Special Chief Secretary, Revenue (Endowments) Department, State of Andhra Pradesh, A.P. Secretariat, Guntur
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- The Commissioner of Endowments, Andhra Pradesh, Gollapudi, Vijayawada, Krishna District
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- The Assistant Commissioner, Endowments Department, Krishna District
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- The Executive Officer, Kasi Visweswara Swamy Temple, Satyanrayanapuram, Viiavawada, Krishna District
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- The Dharmadhikari, Sri Bhuvaneswari Pettam, Keeswarapalli, Gannavaram, Krishna District
are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted before 11.08.2020, on which date the case stands posted for hearing.
IA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to maintain the status quo ante prior to the impugned proceedings, dated 19-05-2020 by the suspending the operation of impugned Memo No.REV-01-Endts/979096/2018-Endts-II, dated 19-05-2020 and consequential proceedings in RC.No.B2/12026(51)/38/2020, dated 02-07-2020, pending disposal of W.P.No.11859 of 2020, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Notice before admission.
Learned Government Pleader for Endowments takes notice on behalf of respondent Nos.1 to 3 and seeks time to get instructions.
Sri K.Madhava Reddy, learned Standing Counsel, takes notice on behalf of respondent No.4 and seeks time to file counter.
Counsel for the petitioner is permitted to take out personal notice on respondent No.5 by registered post acknowledgement due and file proof of service.
Post on 11.08.2020.
SD/-G.SRINIVAS REDDY ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
To.
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- The Special Chief Secretary, Revenue (Endowments) Department, State of Andhra Pradesh, A.P. Secretariat, Guntur
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- The Commissioner of Endowments, Andhra Pradesh, Gollapudi, Vijayawada, Krishna District
//TRUE COPY//
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- The Assistant Commissioner, Endowments Department, Krishna District
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- The Executive Officer, Kasi Visweswara Swamy Temple, Satyanrayanapuram, Vijayawada, Krishna District
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- The Dharmadhikari, Sri Bhuvaneswari Pettam, Keeswarapalli, Gannavaram, Krishna District (1 to 5 by RPAD- along with a copy of petition and affidavit)
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- One CC to Sri.D.V.Sasidhar Advocate [OPUC]
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- One CC to Sri K.Madhava Reddy, Standing Counsel (OPUC)
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- Two CCs to GP FOR ENDOWMENTS, High Court Of Andhra Pradesh. [OUT]
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- One spare copy
HIGH COURT
KSRJ
DATED:21/07/2020
NOTE: POST ON 11.08.2020
NOTICE BEFORE ADMISSION
WP.No.11859 of 2020
DIRECTION