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2026 Supreme(Online)(AP) 19048

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI


2026:APHC:19373

APHC010238132025


WRIT PETITION NO: 12243/2025


Between:

1. D ALADULI RADHAKRISHNA, S/O MALLAYA, AGED 50 YEARS, OCC PRESIDENT OF MUTYALAMMA AMMAVARI DEVALAYA COMMITTEE, R/O RAGHAVAPURAM VILLAGE CHINTALAPUDI MANDAL, ELURU DISTRICT, (ERSTWHILE WEST GODAVARI DISTRICT),

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, ENDOWMENTS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, OPP S GRAND RESTAURANT, ONE CENTER, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT - 521225.

3. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, ELURU ELURU DISTRICT.

4. THE EXECUTIVE OFFICER, CHINTALAPUDI GROUP TEMPLES, CHINTALAPUDI MANDAL, ELURU DISTRICT.

...RESPONDENT(S):


Counsel for the Petitioner:

1. SRINIVAS AMBATI

Counsel for the Respondent(S):

1. GP FOR ENDOWMENTS


THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA


THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

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 by the inaction on the part of the respondents on my representation dt. 21.03.2025 submitted by requesting to take steps to publish the Charitable and Religious Institution and Endowments i.e Mutyalamma Ammavari Devalayam situated in Raghavapuram Village of Chintalapudi Mandal in Eluru District Section 6 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and also register in the register of institutions and endowments under Section 43 of the above statute and protect the land of Ac.2.50 cents in Survey No.172 situated in the above said village which is belonged the Goddess Mutyalamma Ammavari Devalayam as the said lands are being encroaching by some unknown persons in the village and evading the revenue to be payable to the endowments department, is illegal, arbitrary, violative of principles of natural justice, contrary to the provisions of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and offends Articles 14 21 of Constitution of India and consequently direct the respondents to publish the Charitable and Religious Institution and Endowments i.e Mutyalamma Ammavari Devalayam situated in Raghavapuram Village of Chintalapudi Mandal in Eluru District Section 6 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and also register in the register of institutions and endowments under Section 43 of the above statute and protect the land of Ac.2.50 cents in Survey No.172 situated in the above said village which is belonged the Goddess Mutyalamma Ammavari Devalayam and pass

This Court made the following

ORDER:

Learned counsel for the petitioner submits that the petitioner herein submitted a representation dated 21.03.2025 requesting the 2nd respondent authority to notify the “Muthyalamma Ammavari Devalayam” situated at Raghavapuram Village of Chintalapudi Mandal in Eluru District as Charitable and Hindu Religious Institution under Section 6 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short “Act 56 of 1987”) and also register the same within the register for charities and endowments under Section 43 of the Act 30 of 1987.

Learned counsel for the petitioner contends that even after receipt of the said representation, the respondent authorities did not pass any orders as claimed in the representation. Hence the writ petition.

While so, learned Government Pleader furnished written instructions issued by the District Endowment Officer, Endowments Department, Eluru District dated 14.04.2026, wherein it is stated as under:

“5. It is submitted that, on receipt of the application U/s 43(1) with the above information U/s 43(4), the Assistant Commissioner/3rd respondent shall after make enquiry shall pass an order directing its registration U/s 43 (5) of the Act 30/1987.

6. It is submitted that, here in this case the petitioner simply filed the letter dt: 21.03.2025 for registration U/s 43 of the Act 30/1987. After following the laid down procedure, the registration of the temple was made U/s 43 of the Act 30/1987 vide 3rd respondents proceedings No: A4/70576/2025, Dt: 03.02.2026 and submitted a report to the 2nd respondent for publication U/s 6(c) of the Act 30/1987 vide 3rd respondent letter in Rc.No.A4/70576/2025, Dt: 04.02.2026. Accordingly, the 3rd respondent issued Publication of the temple U/s 6(c)(ii) of the Act 30/1987 vide proceedings in R.Dis.No.J1/427/2026, Dt: 23.03.2026.”

Heard both the parties and perused the material placed on record.

In view of clear and categorical admission made by the respondents as extracted above that the subject temple i.e., Muthyalamma Ammavari Devalayam situated at

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