APHC010721782016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 36008/2016 Between: 1. GOLLAPUDI APPARAO, S/O. RAMALINGAM HINDU, AGED ABOUT 62 YEARS, R/O. NANDIGAMA, KRISHNA DISTRICT 2. GOLLAPUDI CHALAPATHI RAO, S/O. RAMALINGAM HINDU, AGED ABOUT 59 YEARS, R/O. NANDIGAMA, KRISHNA DISTRICT ...PETITIONER(S) AND 1. STATE OF A P, REP. BY ITS PRI. SECRETARY, ENDOWMENTS DEPARTMENT, A.P. SECRETARIAT, HYDERABAD. 2. THE COMMISSIONER OF ENDOWMENTS, ENDOWRAENTS DEPARTMENT, ANDHRA PRADESH, 0/O. BOGGULAKUNTA, HYDERABAD. 3. THE DEPUTY COMMISSIONER OF ENDOWMENTS, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 4. THE ASSISTANT COMMISSIONER OF ENDOWMENTS, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 5. Y NAGARJUNA BABU, EXECUTIVE OFFICER OF SRI CHENNAKESAVA SWAMY TEMPLE, & EXECUTIVE OFFICER, PRATHIPADU GROUP OF TEMPLES, PRATHIPADU (V & M), GUNTUR DISTRICT. ...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 toto issue a Writ, Order or Direction, more particularly one in the nature of a "Writ of Mandamus" declaring the action of the Respondent No. 2 in issuing proceedings Rc.No.DP2/22611/2016 dated 20.09.2016, publishing Sri Chennakesava Swamy temple, situated in Borravaripalem Village, 2 Prathipadu Mandal, Guntur District, under Section 6(c)(ii) of Act No. 30 of 1987 and consequently appointing the Respondent No. 5 as the Executive Officer of the Temple vide proceedings Rc.No.E1123839/2016 dated 04.10.2016 as being illegal, arbitrary, without jurisdiction and in violation of The Andhra Pradesh Charitable and Hindu Religious Institutions & Endowment Act, 1987('the Act') and also the directions issued by this Hon'ble Court in W.A. No. 808 of 2016 dated 11.03.2003 and consequently set-aside the impugned proceedings Rc.No.DP2/22611/2016 dated 20.09.2016, as also consequent proceedings Rc.No.E1123839/2016 dated 04.10.2016 as being illegal, arbitrary, without Jurisdiction and pass IA NO: 1 OF 2016(WVMP 4420 OF 2016 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 vacate the interim orders passed in W.P.No.36008 of 2016 dated 25-10-2016 IA NO: 2 OF 2016(WPMP 44375 OF 2016 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 suspend the impugned proceedings Rc_No.DP2/22611/2016 dated 20.09.2016, as also the consequent proceedings Rc.No.E1/23839/2016 dated 04.10.2016 and pass IA NO: 3 OF 2016(WPMP 50105 OF 2016 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 permit the respondent No.5 to file the additional counter affidavit along with the documents Counsel for the Petitioner(S): 1. N ASHWANI KUMAR Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS (AP) 2. ELEVATED AS JUDGE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 36008 of 2016 ORDER: The learned counsel for the petitioners submitted that the present writ petition is filed challenging the proceedings in Rc.No.DP2/22611/2016, dated 20.09.2016, which is impugned in the present writ petition. 2. In the impugned proceedings, the 4th respondent declared Sri Chennakesava Swamy Temple as Hindu religious institution and published under Section 6(c)(ii) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) (for short hereinafter called as ‘the Act’). 3. Now the learned counsel for the petitioners submitted that the petitioners are having alternative remedy under Section 87 of the above Act against the proceedings impugned in the writ petition and requested to allow the petitioners to invoke the alternative remedy. 4. Permission is accorded and the petitioners are permitted to avail the remedy under the provisions of the above said Act. 5. This Court suspended the impugned proceedings and the same shall be continued till the filing of the appeal under Section 87 of the Act. Petitioner is further directed to invoke the alternative remedy 4 under Section 87 of the Act within a period of six (06) weeks from the date of this order. 6. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 17.06.2026 SJ 5 37 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 36008 of 2016 Date : 17.06.2026 SJ