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2024 Supreme(Online)(AP) 15745

APHC010314792014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY ,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25525/2014 Between:

Sri Paripoornandhagiri Swamy ...PETITIONER AND The Inspector Of Police and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. S S BHATT Counsel for the Respondent(S):

1. GP FOR HOME (AP)

The Court made the following:

ORDER:

This petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents No. 1 and 5 in issuing a letter dt.21-8-2014 to the petitioner, where in framing charges against the petitioner and seeking an explanation within 15 days from the petitioner as illegal, arbitrary and unconstitutional and without jurisdiction and consequently set aside the same and further direct the respondent Nos.1 and 5 not to interfere with the legal activities of the administration and affairs of the Sri Vyasasramam, Yerpedu village and Mandal of Chittoor district, also not to interfere into the personal liberty and freedom of the petitioner and to pass such other or further orders in interest of justice.”

2. The case of the petitioner, in brief, is that the petitioner is the Peetadhipathi of the Sree Vyasasramam, Yerpedu. The Ashramam was established in the year 1926 by Sri Maharishi Sadguru Sri Sri MalayalaSwamy. The Ashramam is a registered one under Section 6(d) of the Endowments Act 1987, for short Act 30/1987. The Ashramam is located in an extent of Ac.45-00 cents at Yerpedu village and Mandal, Chittoor District. Within the campus there are Bhajana Mandiram, Old Age Homes, and schools, College, Post Office, Hospital and Printing Press. While the matter being so, one Munirathnam Naidu, who styled himself as Ramananda Swamy, who was removed from the Ashramam on misappropriation of funds, tried to interfere with the administration of the ashramam and caused hurdles to the petitioner and tried to disrupt the students during their examinations, especially the girl students. Hence, the petitioner filed O.S.No. 130/2007 on the file of Senior Civil Judge Srikalahasti seeking permanent injunction and the Court granted temporary injunction and also O.S.No.74/2012 on the file of the Principal Junior Civil Judge Srikalahasti and also obtained interim injunction in I.A.No.296/2012 (Ex.P-2) against the said Ramanandagiri Swamy. While things stood, the said Ramananda Swamy joined hands with some local influenced persons, who have no faith in Hinduism, have trespassed into the ashram along with rowdy sheeters, not only interfered with administration of the Ashramam but also misbehaved with the girl students. Basing on the complaint raised by the petitioner, the Endowment Department conducted enquiry, but due to political influence and apprehension of lodging of false cases under SC, ST Act, the enquiry officer expressed his inability to complete the enquiry and as such the Endowment department appointed another enquiry officer. Challenging the same, the Ashram filed Writ Petition No.2245 of 2013, wherein this Court granted interim relief, suspending the order of appointing another enquiry officer. However, when the Endowment Department made efforts to appoint another person to manage the affairs of the Ashram, the same was stayed by this Court in W.P. No.17993 of 2013 filed by the Ashram. Thus, several Writ Petitions are filed challenging the action of the respondents at the instance of the influenced persons, wherein this Court granted interim relief, suspending the proceedings issued by the Endowment Department, for managing the affairs of the Ashram. Now, through the respondents 1 and 5, the respondents have invented a new way by calling the petitioner to the CID Police Station frequently under the guise of recording statements and interfering with the administration of Ashram.

3. The main grievance of the petitioner is that the respondents 1 and 5, without having any authority and without any power, issued the letter dated 21.07.2014 and framed charges against the petitioner, asking him to give reply within 15 days to the said letter. The letter does not disclose the names of the complainants, who gave complaints against the petitioner.

4. Heard learned counsel for the petitioner and lerned cou

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