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2007 Supreme(AP) 938

Andhra Pradesh High Court
P.S. NARAYANA, J.
Jakka Taraka Mallikharjuna Rao - Appellant
Versus
State of A.P. and others - Respondent
WP No. 13992 of 2007
Decided on : 21st September, 2007

Advocates:
Advocate Appeared:
Vellalachervu Hanumantha Rao, Government Pleader for Endowments, P. Rajasekhar

Headnote:AP Charitable and Hindu Religions Institutions and Endowments Act, 1987 - Section 145, 2(18) and 8 - Adoption/amalgamation of institution/endowment - A devotee or a worshipper at no point of time would be affected/aggrieved party - Concept of locus standi cannot be very liberally construed (Paras 14, 17)

ORDER :-

This Court ordered Notice before admission on 3.7.2007 and also made f an order:

"Pending further orders, status quo obtaining as on today as to the management of Sri Sivaramakrishna Kshetram, Vijayawada shall be maintained for a period of one week from today".

Further, the said interim order was extended for one week from 10.7.2007 and further on 13.7.2007 and also on 20.7.2007 the interim order was extended from time to time. On 14.9.2007, this Court made the following order:

"The authority of Principal Secretary to Government to make the impugned order is called in question. The Counsel for vacate petitioner is raising a preliminary objection relating to the very maintainability of the writ petition on the ground that the writ petitioner is not an aggrieved party and the writ petitioner has no locus standi to question the same"

and issued rule nisi and called for records.

2. W.V.M.P. No.1847/2007 is filed by the 5th respondent to vacate the interim order specified above.

3. Heard Sri Vellalacheruvu Hanumantha Rao, the learned Counsel representing the writ petitioner, the learned Government Pleader for Endowments and also Sri P. Rajasekhar, the learned Counsel representing the 5th respondent.

4. The writ petitioner Jakka Taraka Mallikharjuna Rao, filed the present writ petition praying for a writ of mandamus declaring the action of the 1st respondent in issuing the proceedings Memo No.21225/ Endts/RV(1)2007-1, dated 12.6.2007 as illegal, arbitrary and violative of provisions of A.P. Charitable and Hindu Religious Institutions and Endowments Act 1987 (hereinafter in short referred to as "Act") and consequently to set aside the same and to pass such other suitable orders.

5. It is stated that the petitioner is a devotee of Ramanamasankeerthana Sangham Temples at Vijayawada and thus the petitioner is well acquainted with the facts of the case. It is further stated that there are 9 temples in one compound at Vijayawada since more than 50 years, established by one Vavilala Srinivasa Murthy and these temples came to be popularly known as Sri Sivaramakrishna Kshetram and it is also known as Sivarama Krishna Kshetram and it is an establishment of 9 Gods in one compound. It is further stated that some of the interested persons had registered a Society in the same name as Sri Ramanama Sankeerthana Sangham, hereinafter referred to as "Sangham", sometime on 1961 and started managing the affairs of the temple as if they are the founder members of the said temples. It is further stated that the said Kshetram was taken over by the Department of Endowments during 1970's and thereafter Executive Officers were appointed. However the said Executive Officers were allowed to work for a short while and were being transferred or removed at the instance of the members of the Sangham who had developed vested interest over the temple and its properties which had grown over a period of time. It is also further stated that the management of the said Kshetram by the members of the Society was not to the liking of the devotees and as such the devotees had been resisting the management of the Kshetram by the members from time to time and had been requesting the department to appoint a regular Executive Officer to man and manage the affairs of the Kshetram. It is also further stated that the members of the Sangham who registered the Society had developed vested interest in the properties of the Kshetram and are not allowing appointment of Executive Officers and in that direction the devotees are also told that the members had filed a writ petition i.e., W.P. No.7347/l993 before this Court challenging the appointment of the Executive Officers and this Court upheld the G.O. appointing the Executive Officers to various temples including the Kshetram. It is also further stated that it had been reliably learnt and which the petitioner believes it to be true that the members of the Sangham also represented to the District Registrar, Krishna, Machilipatnam reque
































































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