IMPORTANT POINT
The necessity to establish the existence of a legal right and its infringement for the grant of a writ of mandamus.

JUDGMENT

1. The present writ petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

"...issue a writ in the nature of a writ of mandamus of any other appropriate writ, order or direction particularly one in the nature of Mandamus, declaring the action of the respondents 3 and 4 in sanctioning Rs.100.00 lakhs as per Item No.18 agenda dtd. 14/10/2021 for reconstruction of Sri Seetharama Swamy Vari Temple at Gundemadakala Village, Vinjamuru Mandal, SPSR Nellore District at the behest of the 5th respondent committee as bad, illegal, arbitrary and violative of Articles 14, 21, 25 and 300A of Constitution of India and consequently direct the 4th respondent Trust not to release the amount of Rs.100.00 lakhs to the 5th respondent committee and direct the respondents not to demolish the temple and pass such other order or orders..."

2. Averments in affidavit, in brief, are that Sri Seetha Ramanjaneya Swamy Temple was constructed and developed by the grandfather of petitioner by name Late Sri Chimala Venkata Reddy. After the death of grandfather of petitioner, father of petitioner by name Narayana Reddy managed the affairs of the temple. Thereafter, petitioner has been managing the affairs of the temple. One Obul Reddy formed respondent No.5 committee without the knowledge of petitioner. Respondent No.5 committee with the help of local member of legislative assembly submitted representation to respondent No.4 for sanction of Rs.100.00 lakhs i.e. Rs.80.00 lakhs + Rs.20.00 lakhs of public contribution for renovation/reconstruction of temple.

(a) Respondent No.5 supported by local MLA, have influenced the respondent No.4 - Trust and got sanction of Rs.1.00 crore vide agenda at Item No.18 dtd. 14/10/2021. The Chief Engineer, Tirumala Tirupati Devasthanam (for short "TTD") has sent communication dtd. 31/10/2021, to respondent No.5 informing that Srivani Trust has sanctioned Rs.100.00 lakhs and to pay contribution 25%, to take up the work by the Endowments Department by inviting tenders. The constitution of respondent No.5 committee is only to misuse the funds. Villagers' submitted representation dtd. 20/10/2021, to the petitioner about sanction. Petitioner immediately submitted representation dtd. 9/11/2021 and 11/11/2021 respectively, to the Chairman of TTD Trust Board; MLA, Udayagiri; District Collector, SPSR Nellore District and the Assistant Commissioner, Endowments Department, Nellore District informing that there is no temple by name Sri Seetha Rama Swamy Temple and it is Sri Seetha Ramanjaneya Swamy Temple and the temple was constructed by the ancestors of the petitioner.

(b) Petitioner also sent email to the Officials along with photographs and, also opinion of licensed structural engineer, Kavali Municipality, who inspected the templeand certified that the structure life is around 10 to 14 years. The temple is published under Sec. 6(c) of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short "The Act") and hence, the private committee is nothing to do with the temple affairs. Hence, the writ petition.

3. Respondent No.5 filed counter affidavit. It was contended inter-alia, that petitioner is residing at Hyderabad. Petitioner never participated in day-to-day affairs of the temple, and he occasionally visits the temple and participates in hereditary rituals. Petitioner was not recognized as hereditary trustee of the temple. Grama Sabha was conducted on 11/10/2021. Respondent No.5 was elected as honorary president of the committee and petitioner was elected as president of the renovation committee. Villagers' of Gundemadakala Village have contributed 25% and it was kept in bank account bearing No.91144332139 of Andhra Pragathi Bank, as per pre-condition for release of 75% of amount from respondent No.4. The fund will be released by the Deputy Executive Engineer (General) duly following financial assistance under TTD, after receipt of public contribution o