Andhra Pradesh High Court – Amravati
Bokka Venkata Rao vs The State Of Andhra Pradesh on 20 May, 2026
APHC010283132026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3573]
(Special Original Jurisdiction)
WEDNESDAY,THE TWENTIETH DAY OF MAY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI
WRIT PETITION NO: 14689/2026
Between:
1. BOKKA VENKATA RAO,, S/O.SATYANARAYANA, AGED 66 YEARS,
OCC AGRICULTURE, R/O.VEDIRESWARAM VILLAGE,
RAVULAPALEM MANDAL, DR.B.R.AMBEDKAR KONASEEMA
DISTRICT.
2. BOKKA RAMBABU,, S/O.CHINNA VERRIYYA, AGED 48 YEARS,
OCC AGRICULTURE, R/O.VEDIRESWARAM VILLAGE,
RAVULAPALEM MANDAL, DR.B.R.AMBEDKAR KONASEEMA
DISTRICT.
3. KATTA SATYANARAYANA,, S/O.KATTA SUBBA RAO, AGED 60
YEARS, OCC AGRICULTURE, R/O.VEDIRESWARAM VILLAGE,
RAVULAPALEM MANDAL DR.B.R.AMBEDKAR KONASEEMA
DISTRICT.
4. BOKKA SRINIVASA RAO,, S/O.LATE SRIRAMA MURTHY, AGED 39
YEARS, OCC AGRICULTURE, R/O.VEDIRESWARAM VILLAGE,
RAVULAPALEM MANDAL DR.B.R.AMBEDKAR KONASEEMA
DISTRICT.
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY,
ENDOWMENTS DEPARTMENT SECRETARIAT, VELAGAPUDI,
GUNTUR DISTRICT.
2. THE DISTRICT ENDOWMENTS OFFICER/ASSISTANT
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W.P.No.14689 of 2026
COMMISSIONER, ENDOWMENTS DEPARTMENT,
DR.B.R.AMBEDKAR KONASEEMA DISTRICT AT AMALAPURAM.
3. SRI VEERESWARA SWAMY TEMPLE, VEDIRESWARAM VILLAGE,
RAVULAPALEM MANDAL DR.B.R.AMBEDKAR KONASEEMA
DISTRICT. REP. BY ITS EXECUTIVE OFFICER.- 233238.
4. THE REVENUE DIVISIONAL OFFICER, KOTHAPETA DIVISION,
DR.B.R.AMBEDKAR KONASEEMA DISTRICT -533223.
5. THE TAHSILDAR, RAVULAPALEM MANDAL, RAVULAPALEM,
DR.B.R.AMBEDKAR KONASEEMA DISTRICT -233238.
6. THE STATION HOUSE OFFICER, RAVULAPALEM P.S.,
RAVULAPALEM DR.B.R.AMBEDKAR KONASEEMA DISTRICT -
233238.
...RESPONDENT(S):
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 eviction proceedings vide
Rc.No.A3/27095/2026-2, dated 12.05.2026 issued by the 2nd respondent
addressing the 4th respondent to provide necessary instructions to his sub-
ordinates to execute the eviction from the schedule land admeasuring
Ac.0.37 cents in R.S.No.3-9b/2 situated at Vedireswaram Village,
Ravulapalem Mandal without even mention the names of the occupants and
without issuing notices as illegal, arbitrary and violative of Art.14, 21 and
300A of the Constitution of India and violative of Sec 83(2) of AP Endowment
Act 36 of 2023, in the interest of justice
IA NO: 1 OF 2026
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
suspend the eviction proceedings issued by the 2nd respondent addressed to
the 4th respondent vide Rc.No. A3/27095/2026-2, dated 12.05.2026 pending
disposal of the writ petition
Counsel for the Petitioner(S):
1. M VENKATA RAMANA REDDY
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W.P.No.14689 of 2026
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR REVENUE
3. GP FOR ENDOWMENTS
The Court made the following:
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W.P.No.14689 of 2026
ORDER:
This writ petition is filed under Article 226 of the Constitution of India by
the petitioners seeking the following relief:
“…to issue a writ, order or direction more particularly one in the
nature of writ of mandamus declaring the eviction proceedings vide
Rc.No.A3/27095/2026-2, dated 12.05.2026 issued by the 2nd
respondent addressed the 4th respondent to provide necessary
instructions to his sub-ordinates to execute the eviction from the
schedule land admeasuring Ac.0.37 cents in R.S.No.3-9b/2 situated
at Vedireswaram Village, Ravulapalem Mandal without even
mention the names of the occupants and without issuing notices as
illegal, arbitrary and violative of Art. 14, 21 and 300A of the
Constitution of India and violative of Sec 83(2) of AP Endowment
Act, 36 of 2023 in the interest of justice …”
2. The case of the Petitioners is that, the 2nd Respondent issued
proceedings, dated 12.05.2026, addressing to the 4th respondent to provide
necessary assistance for eviction and removal of unauthorized occupation
from endowments property admeasuring Ac.0.37 cents in R.S.No.3-9b/2 of
Vedireswaram Village, Ravulapalem Mandal, and the said eviction is
proposed to be taken up, on 20.05.2026 at 11.00 AM. The further case of the
petitioners is that the 2nd respondent, without issuing any notice and without
passing any orders and without serving the same on them, has issued the
impugned proceedings on the ground that the writ petition which was filed by
the petitioners in W.P.No.34716 of 2014, was dismissed for default, on
29.12.2025, as such, the proceedings of the 2nd respondent is in violation of
Principles of Natural Justice and abuse of process of law.
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W.P.No.14689 of 2026
3. The impugned proceedings on the face of it, seems to have been
issued by the 2nd respondent to evict the petitioners from their respective
residential houses constructed in the above said survey number is without
serving any notice and without passing any orders as per the procedure
contemplated under Section 83 of the Andhra Pradesh Charitable and Hindu
Religious Institutions and Endowments Act, 1987 (hereinafter referred to as
„the Act, 1987‟). However, the impugned proceedings are directly passed
under Section 84 of the Act, 1987, for eviction of the petitioners. Thus, the
order is in violation of Principles of Natural Justice and the same is required to
be interfered by this Court.
4. Heard Sri M.Venkata Ramana Reddy, learned counsel for the
petitioners, Sri K.Koteswara Rao, learned Standing Counsel for Endowments
Department, Ms.Ujwala Devi, learned Assistant Government Pleader for
Endowments, and learned Assistant Government Pleader for Home through
virtual mode.
5. The learned counsel on either side requested this Court to set aside the
order passed by the 2nd respondent and to direct the authorities to follow due
process of law for eviction of the petitioners duly affording an opportunity of
hearing to the petitioners.
6. Considering the submissions made by the learned counsel on either
side and also the provisions of Section 83 of the Act, 1987, particularly
Section 83(2) of the Act, 1987, which is extracted hereunder:
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W.P.No.14689 of 2026“(2) Where, on a perusal of the report received by him under sub-section (1),
the [Endowments Tribunal] finds that there is a prima facie case of
encroachment, it shall cause to be served upon the encroacher a notice
specifying the particulars of the encroachment and calling on him to show
cause before a certain date why an order requiring him to remove the
encroachment before the date specified in the notice should not be made. A
copy of the notice shall also be sent to the trustee of the institution or
endowment concerned.”
7. The law stipulates that the authorities are bound to serve a notice upon
the encroachers specifying the particulars of the encroachments and calling
them to show cause and after considering the objections shall pass orders.
The authority needs to follow the due process of law and shall provide an
opportunity of hearing to the persons in occupation of the property. However,
in the instant case, no such procedure has been followed, as such, the order
impugned is liable to be set aside.
8. Accordingly, the Writ Petition is allowed and the impugned order passed
by the 2nd respondent in Rc.No.A3/27095/2026-2, dated 12.05.2026, is hereby
set aside. The 2nd respondent is directed to follow due process of law as
prescribed under the Act, 1987. Till such time, the respondent authorities are
directed not to take any coercive action including interfering with the
possession of the petitioners’ above said property and demolition of the
petitioners’ houses existing in the said property.
9. Accordingly, this Writ Petition is allowed with the above observations.
There shall be no order as to costs.
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W.P.No.14689 of 2026
As a sequel thereto, miscellaneous applications pending, if any, shall
stand closed.
___________________________
JUSTICE BALAJI MEDAMALLI
Date: 20th May, 2026
Note: Issue C.C by 20.05.2026
B/o
RKS/KPV
