APHC010036222024 IN THE HIGH COURT OF ANDHRA PRADESH [3329]

AT AMARAVATI (Special Original Jurisdiction)

MONDAY,THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NOs: 2126 of 2024 and 5967 of 2023 Between:

1. S REE SURYANARAYANA SWAMY SEVA SAMITHI, SREE SURYANARAYANA SWAMY SEVA SAMITHI (REGD. SOCIETY NO. 389 OF 2011), BHUDAGAVI VILLAGE, URAVAKONDA MANDAL, ANANTHAPURAMU DISTRICT - 515 812 REP. BY ITS PRESIDENT, C. CHIRANJEEVI, S/O. C. YERRISWAMY, AGED 40 YEARS ...PETITIONER AND

1. T HE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, SECRETARIAT AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. T HE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, NTR (OLD KRISHNA)

DISTRICT.

3. T HE DEPUTY COMMISSIONER, ENDOWMENTS DEPARTMENT, KUMOOL DISTRICT.

4. T HE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, ANANTHAPURAMU.

5. T HE EXECUTIVE OFFICER, (FAC), GROUP TEMPLES, URAVAKONDA, ANANTHAPURAMU DISTRICT.

6. S REE SURYANARAYANA SWAMY TEMPLE, BHUDAGAVI VILLAGE, URAVAKONDA MANDAL, ANANTHAPURAMU DISTRICT - 515 812 REP.BY ITS EXECUTIVE OFFICER(FAC), GROUP TEMPLES, URAVAKONDA.

...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 to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Order of 2ND respondent in Rc.No.E2/COE- 15021/147/2023, dated 06.11.2023 v/here under the 5TH respondent is appointed as Executive Officer (FAC) replacing the petitioner to administer the affairs of 6 respondent temple being bad, illegal, arbitrary, discriminatory and contrary the provisions of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, and contrary to the Judgment reported in 2022(3) ALD 617(AP), besides offending Articles 14, 25 and 26 of Constitution of India and it is liable to be set aside and consequentially seeking direction to the respondents 2 to 5, not to interfere with the affairs of the 6TH respondent temple and to pass Counsel for the Petitioner:

1. VENKATASUBBAIAH V Counsel for the Respondent(S):

1. G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMAREGION)

2. GP FOR ENDOWMENTS (AP)

HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NOs: 2126 of 2024 and 5967 of 2023 This Court made the following

COMMON ORDER:

Since the parties as well as the issues involved in both the writ petitions are identical, this Court is inclined to pass the following common order. For the sake of convenience, the facts are referred to as they are set out in W.P. No. 2126 of 2024.

2. Learned counsel for the petitioner submits that the 2^nd Respondent issued impugned proceedings dated 06.11.2023 appointing 5^th Respondent as Executive Officer (FAC) replacing the petitioner to adminster the affairs of 6^th respondent temple which is contrary to the judgment rendered by this Hon’ble Court in Allaparthi Venkata Chalapathi Rao vs. State of Andhra

Pradesh . Learned counsel further submits that the petitioner

Samithi looking after the day-to-day affairs of the 6^th Respondent

temple and made application to the 2^nd Respondent for granting

1 2022(3) ALD 617 (AP)

exemption from the operation of the provisions of sections 15, 29, 57 & 65 of the Andhra Pradesh Hindu Charitable and Religious Institutions and Endowments Act, 1987 (for short “Act, 1987”). Pending application of the petitioner and without considering the same, the 2^nd respondent herein has appointed the 5^th Respondent as Executive Officer in respect of 6^th Respondent temple and the same is assailed in the present Writ Petition No.2126 of 2024.

3. On the other hand learned Government Pleader for Endowments furnished written instructions dated 06.03.2026 issued by the 2^nd Respondent, wherein the claim of the petitioner was considered and observed that the annual income in respect of the 6^th Respondent temple is below five la