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2022 DAILYLAW 1634 (AP)

P.LOKESH BABU v. THE STATE OF ANDHRA PRADESH

WP/19195/2022 · 2026-04-28

D Ramesh

body2022

Judgment text

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APHC010321592022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 19195/2022 Between: 1. P.LOKESH BABU, S/O. LATE P.SANKAR REDDY, AGED ABOUT 44 YEARS, OCC. SUPERINTENDENT OF SRIKALAHASTEESWARA SWAMY VARI DEVASTHANAM, R/O.D.NO.4-128C, PERUMALAPALLI VILLAGE, TIRUPATHI RURAL MANDAL, CHITTOOR DISTRICT- 517644. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, SECRETARIAT, AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, A.P., GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 3. SRIKALAHASTEESWARA SWAMY VARI DEVASTHANAM, SRIKALAHASTI, CHITTOOR DISTRICT, REP.BY IT'S EXECUTIVE OFFICER. 4. SRI BHARAMBA MALLIKHARJUNA SWAMY VAN DEVASTHANAM, SRISAILAM, KURNOOL DISTRICT, REP.BY ITS EXECUTIVE OFFICER. ...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 to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the orders of 2nd respondent in proceedings in Rc.No.C1/13021/1/2022-1, dated 30.06.2022, to the extent of transferring the petitioner from 3rd respondent temple to 4th respondent temple, showing at serial no.4 (page.3 of the said order) under the caption of Superintendents, depriving the chance of promotion to the post of Assistant Executive Officer at 2 3rd respondent temple being his parent institution as being bad , illegal, contrary to the provisions of A.P. Charitable and Hindu Religious Institutions and Endowments Act 1987 and statutory rules issued in G.O.Ms.No.301 Revenue (Endowments.I) Department dated 12.10.2020 for regulating transfers and service rules issued in G.O.Ms.No.888 Revenue (endowments.I) Department dated 08.12.2000, besides offending Articles 14 and 16 (1) of Constitution of India and consequentially to set aside the same to the extent the petitioner is concerned and to pass such IA NO: 1 OF 2022 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 orders of 2"d respondent in proceedings in Rc.No.C1/13021/1/2022-1, dated 30.06.2022, to the extent of transferring the petitioner from 3`d respondent temple to 4th respondent temple, showing at serial no.4 (page.3 of the said order) under the caption of Superintendents, pending disposal of the Writ Petition and pass such IA NO: 2 OF 2022 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 Pleased to vacate the itnerim order dated 12-07-2022 in IA 1/2022 in WP. 19195/2022 and consequently dismiss the WP 19195/2022 on the ground of devoid of merits IA NO: 3 OF 2022 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 pleased to vacate the interim orders passed in I.A.No.1/2022 in W.P.No.19195/2022, dated Olt.07.2022, and dismiss the main Writ Petition as devoid of merits and pass Counsel for the Petitioner: 1. V V N NARASIMHAM Counsel for the Respondent(S): 1. T VENU GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION) 2. GP FOR ENDOWMENTS 3. GP FOR SERVICES II The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the orders of 2nd respondent in proceedings in Rc.No.C1/13021/1/2022-1, dated 30.06.2022, to the extent of transferring the petitioner from 3rd respondent temple to 4th respondent temple, showing at serial no.4 (page.3 of the said order) under the caption of Superintendents, depriving the chance of promotion to the post of A.E.O at 3rd respondent temple being his parent institution as being bad, illegal, contrary to the provisions of A.P. Charitable and Hindu Religious Institutions and Endowments Act 1987 and statutory rules issued in G.O.Ms.No.301 Revenue (Endowments.I) Department dated 12.10.2020 for regulating transfers and service rules issued in G.O.Ms.No.888 Revenue (Endowments.I) Department dated 08.12.2000, besides offending Articles 14 and 16 (1) of Constitution of India and consequentially to set aside the same to the extent the petitioner is concerned and to pass such….” 2. Heard M/s. Sambasiva Pratap Evana, learned counsel for the petitioner and learned Government Pleader for Services-II and learned standing counsel appearing for respondents. 3. Considering the submissions, this Court has passed interim order on 12.7.2022 which reads as follows: “….In view of the facts and circumstances, there shall be interim suspension of the impugned proceedings dated 30.6.2022 only to the extent of transferring the petitioner from 3rd respondent Temple to 4th respondent Temple till 10.8.2022….” 4 4. Subsequently, respondent no.3 has considered the case of the petitioner and further promoted as Assistant Executive Officer in the said institution vide orders dated 19.9.2022. 5. In view of the above said orders, nothing survives in this Writ Petition to decide as the petitioner has continued in respondent no.3 institution as per the directions of this Court dated 12.7.2022 and also got further promotion vide order dated 19.9.2022. 6. Hence the Writ Petition is closed. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. __________________ JUSTICE D.RAMESH 29.4.2026 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.19195 OF 2022 29.4.2026 RD