APHC010578452016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL MISCELLANEOUS APPEAL NO: 558/2016 Between:

1. M AKINENI JAYA BABU, CULTIVATION R/O. PALLAPADU VILLAGE, VATTICHERUKURU MANDAL, GUNTUR ...APPELLANT AND

1. T HE EXECUTIVE OFFICER AND ANOTHER, SRI KODANDARAMA SWAMY TEMPLE, PALLAPADU, GUNTUR

2. T HE ASSISTANT COMMISSIONER ENDOWMENT DEPT GUNTUR, GUNTUR ...RESPONDENT(S):

Appeal Under Section_____against ordersto pass an order in his favour against the respondents by allowing this appeal and setting aside the ORder No. 49, dt. 27/03/2010 made in OA.No. 73 of 2005 on the file of the Deputy Commissioner Endowment Department, Guntur and allow the application in OA.NO. 73 of 2005 on its file with costs throughout declaring the above said Temple as a private temple of the Makineni family of the appellant in the interest of justice IA NO: 2 OF 2011(CMAMP 4890 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 IA NO: 1 OF 2012(CMAMP 1077 OF 2012 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 exclude the time of 96 days from 07/08/2010 to 10/02/2011 for computing the period of limitation for filing this CMA Counsel for the Appellant:

1. VENKATA SUBBAIAH POGULA Counsel for the Respondent(S):

1. GP FOR ARBITRATION (AP)

2. .

The Court made the following:

J U D G M E N T:

Aggrieved by the dismissal order passed by the Deputy Commissioner, Endowments Department, Guntur, in O.A.No.73 of 2005, dated 27.03.2010, the appellant/petitioner has preferred the present appeal.

2. For the sake of convenience, hereinafter, the parties will be referred as per their array before the Tribunal.

3. The case of the petitioner is that ‘Sri Kodandarama Swamy Temple’ situated at Pallapadu Village, Vatticherukuru Mandal, Guntur District, was established by the petitioner’s forefathers for their personal worship with their own funds, without any public interference, and the temple is popularly known as ‘Makinenivari Temple’. It is further stated that one Smt.Makineni Sattamma @ Ammakkamma, w/o Makineni Veeraiah gifted about Ac.7-00 cents of dry land for the maintenance of the temple on 12.08.1919. After the demise of his forefathers, the petitioner came into possession of the said Ac.7-00 cents and, with the income derived therefrom, has been maintaining the temple without any mismanagement. It is further stated that a separate priest has been appointed for performing rituals. While so, the Assistant Commissioner, Endowments Department, Guntur, without issuing any notice and without conducting any enquiry, got published the temple as a public temple in the Gazette notification. Questioning the same, the petitioner filed O.A.No.73 of 2004 before the Deputy Commissioner, Endowments Department, Guntur contending that in all aspects like characteristics, usages and customs, the temple is a private temple and that the income from the above said land is very meager. It is further contended that neither the villagers nor any other members of the public have any right to participate in the functions relating to the temple and that the public have not been making offerings at any point of time. Hence, it is contended that the notification issued by the Assistant Commissioner, Endowment Department, is contrary to the principles of natural justice and cannot be sustained and prayed to declare the temple as a private temple.

4. The 2^nd respondent/Assistant Commissioner, Endowment Department filed a counter opposing the O.A. While denying the averments made in the petition, it is contended by the 2^nd respondent that the subject temple possesses all the characteristics of a public temple and that it is not at all a