APHC010549692025

(Special Original Jurisdiction)

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 tomay be pleased to appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.2 and 3 in engaging the services of respondents No.4 and 5 as Senior Legal Advisor and Junior Legal Advisor respectively to the 3rd respondent-Devasthanam through L.Dis.No.B1/COE-12065(51)7134/2025, dated 28.08.2025 on the file of the 2nd respondent and consequential proceedings in Rc.No.A1/73/2017, dated 01.09.2025 on the file of the 3rd respondent and is highly illegal, arbitrary, unconstitution al, without power, without jurisdiction and contrary to the provisions of Act 30 of 1987 and set aside the same and pass such

IA NO: 1 OF 2025

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 may be pleased to suspend the operation of the proceedings pursuant to the Letter vide L.Dis.No.B1/COE-12065(51)/134/2025, dated 28.08.2025 on the file of the 2nd respondent and consequential proceedings in Rc.No.A1/73/2017, dated 01.09.2025 on the file of the 3rd respondent pending disposal of the writ petition and pass such

IA NO: 1 OF 2026

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 may be pleased to grant leave to file the reply affidavit in W.P. No. 28649 of 2025 in the interest of justice, and to pass

IA NO: 2 OF 2026

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 May be pleased to grant leave to the Respondent No.2 in Writ Petition No. 28649 of 2025 to file counter affidavit in the above writ petition and pass

The Court made the following:

ORDER:-

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

“to issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents Nos.2 and 3 in engaging the services of respondents Nos.4 and 5 as Senior Legal Advisor and Junior Legal Advisor respectively to the 3rd respondent Devasthanam through L.Dis.No.B1/COE-12065(51)/134/2025 dated 28.08.2025 on the file of the 2nd respondent and consequential proceedings in Rc.No.A1/73/2017, dated 01.09.2025 on the file of the 3rd respondent and is highly illegal, arbitrary, unconstitutional, without power, without jurisdiction and contrary to the provisions of Act 30 of 1987 and set aside the same and pass such other order or orders….”

Heard learned counsel for the petitioner and learned counsel for the respondents.

The case of the petitioner is that the petitioner herein is a devotee and interested party in the affairs of the respondent No.3-temple. While so, the respondent No.2 herein without there being any authority and without empowering to make subject appointment, appointed respondent Nos. 4 and 5 as Senior Legal Advisor and Junior Legal Advisor, which is contrary to law and causing more burden to the exchequer of the respondent No.-3 temple.

Learned counsel for the petitioner has drawn the attention of this Court to the Section 8 of the Andhra Pradesh Charitable And Hindu Religious Institutions and Endowments Act, 1987 (in short “the Act 30 of 1987”) under which the Commissioner conferred power for administration of the temples particularly, respondent No.3-temple. He further submits that even as per Section 35(4) of the Act 30 of 1987, respondent No.2 is not empowered to appoint respondent Nos. 4 and 5 as legal advisors. He further submits that the Andhra Pradesh Hindu Charitable & Hindu Religious Institutions and En