IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SEVENTHDAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7251 OF 2025 Between: Kopalle Hanumantha Rao, S/o. Late Srinivasa Rao, aged about 57 years, Founder Family Member, Andhra Jatheeya Vidya Parishad Machilipatnam,Krishna District. / ...PETITIONER AND 1. The State of Andhra Pradesh, Endowments Department, Rep by its Principal Secretary, Secretariat Buildings, Secretariat, Velagapudi Amaravati, Guntur District. 2. The Commissioner, Endowments Department Gollapudi, Vijayawada, Krishna District. 3. The Deputy Commissioner, Endowments Department, Kakinada. 4. Imadapattula Dileep Kumar, S/o. Late Nageswara Rao aged about not know to the petitioner, R/o Kobbarithota, Chilakalapudi, Machilipatnam, Krishna District. 5. The Andhra Jateeya Vidya Parishad, Machilipatnam, Krishna District, Rep. by its Executive Officer. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in may the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the 3'"^ respondent in proposing to conduct enquiry against the writ petitioner pursuant to the representation made by the 4 th respondent vide Computer NO.B2/516317/2015, dated 18.03.2025 is highly illegal, arbitrary, colourable exercise of the power, and contrary to the principles of successive enquires and also contrary to the provisions of Act 30 of 1987 and set aside the consequently stay of all further proceedings pursuant to the Computer No.B2/516317/2015, dated 18.03.2025 on the file of the 3 respondent. same rd lA NO: 1 OF 2025 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 stay of all further proceedings pursuant to the Computer NO.B2/516317/2015, dated 18.03.2025 on the file of the 3'^'^ respondent pending disposal of the writ petition. lA NO: 2 OF 2025 Between: The Commissioner, Endowments Department Gollapudi, Vijayawada, Krishna District. ...PETmONER/2"^ RESPONDENT AND 1. Kopalle Hanumantha Rao, S/o. Late Srinivasa Rao, aged about 57 years. Founder Family Member, Andhra Jatheeya Vidya Parishad Machilipatnam,Krishna District. ...RESPONDENT/PETITIONER 2. The State of Andhra Pradesh, Endowments Department, Rep by its Principal Secretary, Secretariat Buildings, Secretariat, Velagapudi Amaravati, Guntur District. 3. The Deputy Commissioner, Endowments Department, Kakinada. 4. Imadapattula Dileep Kumar, S/o. Late Nageswara Rao aged about not know to the petitioner, R/o Kobbarithota, Chilakalapudi, Machilipatnam Krishna District. 5. The Andhra Jateeya Vidya Parishad, Machilipatnam, Krishna District Rep. by its Executive Officer. ...RESPONDENTS 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 order I.A. No.1/2025 in W.P.No.7251 of 2025 I.A.No.1/2025 in dated order dismiss.20.03.2025 and the main Writ Petition as devoid of merits. lA NO: 3 OF 2025 Between: The Deputy Commissioner, Endowments Department, Kakinada. ...PETITIONER/3^‘' RESPONDENT AND 1. Kopalle Hanumantha Rao, S/o. Late Srinivasa Rao, aged about 57 years. Founder Family Member, Andhra Jatheeya Vidya Parishad Machilipatnam,Krishna District. ...RESPONDENT/PETITIONER 2. The State of Andhra Pradesh, Endowments Department, Rep by its Principal Secretary, Secretariat Buildings, Secretariat, Velagapudi Amaravati, Guntur District. The Commissioner, Endowments Department Gollapudi, Vijayawada, Krishna District. Imadapattula Dileep Kumar, S/o. Late Nageswara Rao aged about not know to the petitioner, R/o Kobbarithota, Chilakalapudi, Machilipatnam Krishna District. The Andhra Jateeya Vidya Parishad, Machilipatnam, Krishna District, Rep. by its Executive Officer. 3. 4. 5. ...RESPONDENTS 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 order in I.A.No.1/2025 in W.P.No.7251 of 2025 .20.03.2025 and order dismiss the main Writ Petition as devoid of pass. Counsel for the Petitioner : SRI V. V. N. NARAYANA RAO Counsel for the Respondent Nos.1 to 3 : SRI T. YATHEENDRA DEV, SPLGP FOR ENDOWMENTS / Counsel for the Respondent No.4 : NONE APPEARED Counsel for the Respondent No. 5 : SMT. PULIPATI RADHIKA, . SC FOR ENDOWMENTS The Court made the following : ORDER 1 APHC010142912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7251/2025 Between: 1.KOPALLE HANUMANTHA RAO. S/0 LATE SRINIVASA RAO, AGED ABOUT 57 YEARS, FOUNDER FAMILY MEMBER, ANDHRA JATHEEYA VIDYA PARISHAD DISTRICT. MACHILIPATNAM,KRISHNA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, ENDOWMENTS REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT, DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT. VELAGAPUDI 2.THE COMMISSIONER, ENDOWMENTS DEPARTMENT GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 3.THE DEPUTY COMMISSIONER, ENDOWMENTS DEPARTMENT,' KAKINADA. 4.IMADAPATTULA DILEEP KUMAR, S/0 LATE NAGESWARA RAO AGED ABOUT NOT KNOW TO THE PETITIONER KOBBARITHOTA, CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DISTRICT. R/0 5.THE ANDHRA JATEEYA VIDYA PARISHAD, MACHILIPATNAM KRISHNA DISTRICT, REP. BY ITS EXECUTIVE OFFICER. ...RESPONDENT(S): 2 -’5 -» Counsel for the Petitioner: 1.VVN NARAYANA RAO f Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS ♦ 2.PULIPATI RADHIKA The Court made the following: f » 1 tvc% THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.7251 of 2025 ORDER: The present Writ Petition is filed questioning the action of the 1. Respondent No.3 in proposing to conduct enquiry against the Petitioner pursuant to the representation made by the Respondent No.4 vide Computer No.B2/516317/2015, dated 18.03.2025, as illegal, arbitrary, contrary to the povv^er conferred and also contrary to the enquiries to be conducted. The facts leading to filing of the present Writ Petition are as 2. follows:- The Respondent No.5 is an institution, which was established in 3. the year 1907 by the grandfather of the Petitioner by name Sri Kopalle Hanumantha Rao Panthulugaru to impart and promote education literacy, scientific, technical and professional on national lines as mentioned in the Memorandum and Articles of Association. The society was registered as per the provisions of the Act XXI of 1860 of the Acts of the Viceroy and Governor General of India in Council (vide No. 1/1911-12, dated 19.06.1911 of Deputy Registrar, Krishna District) and the institution was administered as per the provisions of the Societies Registration Act as specified in the Memorandum and Articles of Association to fulfill its founding objectives. 2 4. The institution has been registered under Section 7(b) of the Act 17 of 1966 by the Assistant Commissioner, Endowments, Krishna District vide R.Dis.No.10576/1970, dated 10.05.1972 and the administration was taken over by the Endowments Department duly appointing an Executive Officer on 20.02.1988 and now it is under the administrative control of Commissioner, Endowments Department. It is stated that the Government of Andhra Pradesh had constituted a Committee to enquire into the affairs of the Respondent No. vide G.O.Ms.No.531, Revenue, dated 28.05.1987. The Committee conducted enquiry and a report was submitted pursuant to the enquiry by the Committee and the same was approved under the revitalization scheme vide G.O.Ms.No.655, Revenue (Endts.lV) Department, dated 11.07.1990. On 23.08.1998 the Petitioner made an application to the Assistant Commissioner, Endowments Department, Vijayawada to recognize him as Founder Family Member of the subject institution as per Circular No.40/97 in Rc.No.L/36330/97, dated 04.10.1997. The Assistant Commissioner after conducting due enquiry declared the Petitioner as Founder Family Member of the Respondent No.5 institution vide Proceedings in Rc.No.A2/10654/98, dated 26.01.1999. 5. 6. While so, a Revision Petition was filed by a third party vide Rc.No.53 of 1999 before the Regional Joint Commissioner, Kakinada against the orders of the Assistant Commissioner in respect of the 3 recognition of the Petitioner as Founder Family Member. While the Revision was pending adjudication, the Commissioner framed four charges against the Founder Family Member along with the Executive Officer. On the basis of the charges framed, the Revision Petition was allowed on the ground that the person facing disciplinary charges cannot be continued as Founder Family Member. Parallely W.P.No.21417 of 2000 was filed questioning the disciplinary proceedings and the was disposed of with a direction to conclude the enquiry into the charges within a period of two (2) months. 7. same 8. The Assistant Commissioner and Executive Officer of the Respondent No.2 were appointed as Enquiry Officers. Thereafter, the Commissioner appointed Regional Joint Commissioner, Kakinada to enquire into the charges framed against the Petitioner. Subsequently, the charges against the Petitioner were dropped vide Proceedings dated 15.02.2005. On 12.03.2005, the Petitioner was informed that he as Founder Family Member in view of the fact that the disciplinary proceedings against him were set-aside. remains 9. Thereafter, the Petitioner filed W.P.No.7632 of 2025 on the ground that the Executive Officer is acting independently without consulting the Founder Family Member. During the pendency of the said Writ Petition, the Executive Officer had changed and as changed Executive Officer was 4 acting in co-ordination with the Petitioner, the Writ Petition was closed recording the same on 08.04.2015. While the Petitioner was continuing as Founder Family Member, a complaint was given by one Imadabattula Dileep Kumar (Respondent No.4), where allegations into the status of the Petitioner as Founder Family Member and his interference with the affairs of the Respondent No.5 were raised. 10. On the basis of the complaint received, the Respondent No.2 directed the Respondent No.3 to conduct a detailed enquiry and submit Para wise detailed report. Accordingly an enquiry was proposed to be conducted on 19.03.2025 at the institution premises. Questioning the same, the present Writ Petition is filed on the ground that the Petitioner cannot be subjected to repeated enquiries no enquiry can be initiated on the basis of an enquiry report obtained behind back of the Petitioner. 10. Heard Sri V.V.N. Narayana Rao, learned counsel for the Petitioner and Sri T. Yatheendra Dev, learned Special Government Pleader 11. appearing for the Respondents. The learned counsel for the Petitioner contended that there is no 12. power to the District Collector to conduct enquiry in the scheme of Section 8 of the Act and only the Commissioner would conduct enquiry and therefore the report cannot be relied on to conduct enquiry against 5 the Petitioner. It was further contended that in the light of categorical Counter Affidavit filed by the Commissioner of Endowments as well as Respondent-State denying the status of Petitioner even before the enquiry has started reflects the formality of the proposed enquiry and the outcome is a foregone conclusion. The learned Special Government Pleader in response would 13. contend that the impugned proceedings are only intra departmental proceedings, which were conducted on the instructions of Respondent No.2. It is stated that the enquiry is only to find out the truth or otherwise or the allegations leveled against the Petitioner. The report is being examined and action against the Petitioner would be initiated after examining the preliminary report. It is also stated that a notice will be issued to the Petitioner in the event of any enquiry/action to be initiated as per the procedure prescribed under the Endowments Act and principles of natural justice would be adhered to. 14. It was contended that though the Counter Affidavits were filed denying the status of the Petitioner as Founder Family Member, the Special Government Pleader would submit that the averments made in the Counter Affidavit on merits of the claim of the Petitioner are only s prima facie opinions were based on preliminary enquiry conducted and the same would be subject to the enquiry if any, to be initiated. 6 15. In response, the learned counsel for the Petitioner would submit that the only procedure that is contemplated is under Section 149 of the Act and there is no other procedure prescribed for conducting enquiry against the Petitioners. The learned Special Government Pleader would submit that the 16. procedure as per law would be followed in the event of any action to be taken against the Petitioner. 17. In the light of the submissions and the averments made in the Counter Affidavits, the Writ Petition is disposed of, leaving it open to the Respondent authorities to act in accordance with law and as per the procedure prescribed under the A.P. Charitable and Hindu Religious and Endowments Act. The contentions of the learned counsel for the Petitioner that successive enquiries cannot be maintained and all the other grounds are left open, to be urged in any proceedings, in the event they are initiated by the Respondent authorities. 18. No order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K.J.RAJA BA3U ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, State of Andhra Pradesh, Endowments Department, Secretariat Buildings, Secretariat, Velagapudi Amaravati Guntur District. 2. The Commissioner, Endowments Department Gollapudi, Vijayawada Krishna District. 3. The Deputy Commissioner, Endowments Department, Kakinada. "O'” % 4. The Executive Officer, Andhra Jateeya Vidya Parishad, Machilipatnam, Krishna District. 5. One CC to Sri V. V. N. Narayana Rao, Advocate [OPUC] 6. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 7. One CC to Smt. Pulipati Radhika, SC for Endowmetns (OPUC) 8. Three C.D. Copies. Cnr '-4,- ' r. J 1| V* A .7 ■s V •I .5 HIGH COURT DATED:07/05/2025 o ? t W4y 2f)75 ^^CurreniSecuon . ORDER WP.No.7251 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS