(Prayer: 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)

1. 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.

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:

                  “(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.

As a sequel thereto, miscellaneous applications pending, if any, shall stand closed.