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2025 DAILYLAW 10569 (AP)

PUCHALAPALLI SUBBA RAO v. THE STATE OF AP

WP/6043/2025 · 2025-03-11

Kiranmayee Mandava

body2025

Judgment text

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APHC010120882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY ,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6043/2025 Between: Puchalapalli Subba Rao ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. GOPALA RAO AMANCHARLA V Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS The Court made the following: ORDER:- Heard Sri Gopala Rao Amancharla V, learned counsel for the petitioner and Ms. Anne Devi Subhashini, learned Standing Counsel for Endowments. 2. Challenging the action of the respondents in not allowing the petitioner to conduct the Garuda Seva Utsavam and other sevas, the present writ petition is filed. 3. It is stated by the petitioner that as per the tradition in the petitioner’s family, the petitioner has been entrusted with the responsibility of 2 performing Garuda Seva Utsavam during Brahmostavams at Sri Prasanna Venkateswara Temple. 4. Ms. Anne Devi Subhashini, learned Standing Counsel for Endowments appearing for the 4th respondent has placed before the Court, copy of the pamphlets that have been issued by the Temple, wherein it is stated that one Purini Tirupathayya and others of Sambunipalem are the persons who have been doing the said ritual of the Garudaseva. Further submitted that the petitioner as such never participated along with said Purini Tirupathayya. The said Purini Tirupathayya has solely conducted the Garuda Seva, however having regard to the provisions of Section 87 (1) (e) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, which reads as follows: “87. Power of Endowments Tribunal to decide certain disputes and matters:- (1) The Endowments Tribunal having jurisdiction shall have the power, after giving notice in the prescribed manner to the person concerned, to enquire into and decide any dispute as to the question. (e) Whether any person is entitled by custom or otherwise to any honor, emoluments or perquisites in any charitable or religious institution or endowment and what the established usage of such institution or endowment is in regard to any other matter.” 5. In view of the above provisions of Section 87 (1) (e) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, this Court is not inclined to go into issue whether it was the petitioner or 3 someone else, who has been earlier doing the Garuda Seva at the temple, the same would involve recording finding of facts. The Tribunal being the fact finding authority the petitioner is at liberty to approach the Tribunal. 6. With the above observations, the writ petition is dismissed. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:11.03.2025 ANI 4 249 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.6043 of 2025 Date:11.03.2025 ANI