APHC010338242011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25854/2011 Between:

1. K . MAHESH, S/O. LATE K. SURYANARAYANA R/O. 53-41-46, 1ST FLOOR, K.R.M. COLONY, MADDIPALEM, VISAKHAPATNAM - 530

013.

2. K OLLI THAMMA REDDY, S/O. LATE RAJA RAO EX-SERVICEMAN DOOR NO. 49-08-07/1, LALITHA NAGAR, VISAKHAPATNAM.

3. K OLLURU SHESHAGIRI RAO, S/O. RAMA SURYAM MANAGING PARTNER SRI SURYA COMPLEX, 43-29-53, DONDAPARTHI, VISAKHAPATNAM.

4. M AJJI KOTESWAR RAO, S/O. SEETARAM EX. TRUST BOARD MEMBER, YERUKAMAMBA DEVASTHANAM, 46-13-64, MANDAVARI STREET, DONDAPARTHI, VISAKHAPATNAM.

5. N AKKA SRINIVAS RAO, S/O. LATE APPALA NARSAIAH RAILWAY MAIL SERVICE, 49-9-31/1, LALITHA NAGAR, VISAKHAPATNAM.

...PETITIONER(S)

AND

1. T HE COMMISSIONER OF ENDOWMENT, GOVERNMENT OF ANDHRA PRADESH, DEPARTMENT OF ENDOWMENTS, TILAK ROAD, ABIDS, HYDERABAD - 1.

2. S RI SRI SRI SIDDHESWARANANDA BHARATHI SWAMI, PEETHADHIPATHI, SRI LALITHA PEETHAM, LALITHA NAGAR, VISAKHAPATNAM - 530 016.

3. T HE DEPUTY COMMISSIONER OF ENDOWMENTS, TURNER CHOULTRY COMPLEX, MAHARANIPETA POST, VISAKHAPATNAM -

530 002.

...RESPONDENT(S):

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 toto issue a Writ of Certiorari or any other appropriate Writ, Order or Orders, Direction or Directions to quash the order of the 1st Respondent dated 16-06-2011 in Application No. G1/24334 of 2010 and to issue a consequential direction to the 1st Respondent to decide the applicability of Chapter - III of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 to the 2nd Respondent afresh.

IA NO: 1 OF 2011(WPMP 31876 OF 2011 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 direct the 1st Respondent to call for a report from the 3rd Respondent with regard to the factual aspects of the existence of several temples within the compound of the 2nd Respondent for the purpose of deciding the applicability of the Chapter - III of A.P. Charitable and Hindu Religious Institutioins and Endowments Act, 1987 to it, pending disposal of the Writ Petition.

Counsel for the Petitioner(S):

1. VEDULA SRINIVAS Counsel for the Respondent(S):

1. GP FOR ENDOWMENTS

2. P SRI RAM The Court made the following:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25854/2011

ORDER:

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari seeking to quash the order of the 1^st Respondent dated 16.06.2011 in Application No. G1/24334 of 2010 and to issue a consequential direction to the 1^st Respondent to decide the applicability of Chapter - III of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 to the 2^nd Respondent afresh and pass such other order.

2. Heard the learned counsel for the petitioners, learned Government Pleader for respondent No.1 and 3 and the learned counsel for respondent No.2.

3. Learned counsel for the petitioners submits that the petitioners are devotees and interested persons in respect of 2^nd respondent-Mutt. The affairs of the 2^nd Respondent-Mutt are being managed contrary to law. Being the devotees, the petitioners herein are seeking that the Mutt must be notified as public Mutt by respondent No.1 under Section 6 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987 (herein after referred as ‘Act, 1987’) and for which, the petitioners also submitted a detailed representation to respondent No.1 herein. After receipt of the said representation, respondent No.1/Commissioner of Endowments passed the impugned speakin