(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 issue a writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing the proceedings in Rc.No.E2/COE-15021/139/2026 dated 01-04-2026 appointing the Executive officer to the 3rd respondent temple as bad, illegal and arbitrary and violative of articles 14, 21, 25 and 26 of Constitution of India and consequently set aside the same 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 suspend the proceedings issued by the 2nd respondent vide Rc.No.E2/COE-15021/139/2026 dated 01-04-2026 and pass such

Counsel for the Petitioner:

1. D V SASIDHAR

Counsel for the Respondent(S):

1. GP FOR ENDOWMENTS

The Court made the following:

ORDER:-

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

“ pleased to issue a writ, order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing the proceedings in Rc.No.E2/COE-15021/139/2026 dated 01-04-2026 appointing the Executive officer to the 3rd respondent temple as bad, illegal and arbitrary and violative of Articles 14, 21, 25 and 26 of Constitution of India and consequently set aside the same and pass such other order or orders ….”

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

The case of the petitioner herein is that the petitioner is working as a archaka of the respondent No.3-temple and as a single trustee of the subject temple for a period of two years vide proceedings dated 01.09.2016. While appointing the petitioner as archaka and as single trustee in respect of respondent No.3- temple, it is also clarified that the appointing authority is under statutory obligation for appointment of founder family member as founder trustee if the tribunal decides in his favor, which is pending as of now and also subject to appointment of new trust board or an executive officer if things necessitated as narrated and as contemplated under law and as per the proceedings dated 01.09.2016. Even though the period of petitioner to act as archaka and as single trustee had already been completed long back, but, the petitioner has been continuing till date without there being any express proceedings and accordingly he has been discharging his duty as archaka and single trustee without there being any complaints and blemish on his part.

While things stood thus, the respondent No.2 herein without informing the petitioner herein who is the single trustee, appointed an executive officer vide proceedings dated 01.04.2026 to look after the funds allocated to the temple for development works under the CGF grants is contrary to law since the temple is classified under Section 6-C temple under Andhra Pradesh Charitable And Hindu Religious Institutions And Endowments Act, 1987 and getting annual income of less than Rs.5 lakhs. Aggrieved by the said action of the respondent No.2, the petitioner herein preferred the present writ petition.

Learned counsel for the petitioner submits that if any temple is getting an income less than Rs.5 Lakhs there is no necessity to appoint an executive officer to manage the affairs of that particular temple. The said liberty was evolved in view of the judgment rendered by the Hon’ble Apex Court. He further submits that in the instant case, the subject temple is having an income is less than Rs.5 Lakhs, therefore, appointment of an executive officer on the guise to look after the CGF funds of respondent No.3 temple is contrary to law as mentioned above.

On the other hand, learned Standing Co