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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
KIRANMAYEE MANDAVA
Varanasi Sarath Kumar, S/O., Late Lakshmi Siva Narayana – Appellant
Versus
State Of Andhra Pradesh, Rep.By Its Principal Secretary, Department of Endowments Ando – Respondent
| Table of Content |
|---|
| 1. overview of petitions and factual background. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. counterarguments regarding ownership of temples. (Para 8 , 9 , 10) |
| 3. petitioner's claims and issues regarding locus. (Para 13 , 15 , 16) |
| 4. legal analysis on locus and enforceability of rights. (Para 17 , 18) |
| 5. final ruling and dismissal of petitions. (Para 19) |
ORDER :
Kiranmayee Mandava, J.
Heard Sri Sricharan Telaprolu, learned counsel for the petitioner, learned Assistant Government Pleader for Endowments,Smt. Anne Devi Subhashini, learned Standing Counsel for Endowments, Sri V.V.N.Narasimham, learned counsel for the respondent No.6 (W.P.No.6278 of 2023), Sri V.Venugopal, learned Senior Counsel appearing for Sri Kolla Venkateswarlu, learned counsel for the respondent Nos.5& 6 (W.P.No.15869 of 2022), Smt. Sireesha Rani Vallabhaneni, learned Standing Counsel for Municipalities.
2. The issue in both the writ petitions is common; therefore, the writ petitions are disposed of by way of a common order. For the sake of convenience, the parties as arrayed inW.P.No.6278 of 2023 are taken for reference.
3. Challenge in the Writ PetitionNo.6278 of 2023 is to the proceedings of the 3rd respondent makin
The court ruled that a petitioner lacks standing to contest administrative exemptions under the Endowments Act if they have no defined legal rights over the subject property.
The court established that the Commissioner of Endowments lacked jurisdiction to revoke exemptions and appoint trustees without following due process as mandated by the Endowments Act.
The necessity to establish the existence of a legal right and its infringement for the grant of a writ of mandamus.
The court affirmed that the Endowments Department's authority is not subject to review without explicit statutory provision, and prior judgments regarding property rights are binding.
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