% 4 APHC010289282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) li*- TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14572 OF 2025 Between: Janapati Radha Krishna Murthy, S/o late Seetarama Sastry, Hindu, aged about 57 years, R/o 3-11/A, Janapati vari veedhi, Janapadu (V), Piduguralla (M), Palnadu dt. ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary (Endowments), Secretariat buildings, Velagapudi, Amaravathi. 2. The Commissioner, Endowments Department, Gollapudi, Vijayawada. 3. The Deputy Commissioner, Endowments, Guntur District, Guntur. 4. The District Endowment Officer, Endowments Dept. Palnadu District, Narasaraopeta. 5. Sri Gangaparvathi Sametha Sri Someswaralayam, Janapadu Village, Piduguralla Mandalam, Palnadu Dt., Rep. by its Executive Officer. 1. ...Respondent 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 WRIT OF MANDAMUS any other appropriate Writ, Order or Direction to declare the proceedings dated 27.03.2025 in Rc. No. A6/ENDW- or SADMOLEGM /1/2024 issued by the 3rd respondent rejecting my application dated 11.08.2021 for my recognition as founder family member of the 5th respondent temple, as illegal, arbitrary, violative of Charitable, Hindu Religious Institutions and contrary to Articles 14 and 25 of Constitution of India and consequently SET- ASIDE the proceedings dated 27.03.2025 in Rc. No. A6/ENDW-SADM0LEGM /1/2024 recognizing me as member of the founder family of the 5th respondent temple in the interest of justice. provisions of AP Endowments Act, 1987 and 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 SUSPEND the proceedings dated 27.03.2025 ADMOLEGM /1/2024 issued by the 3rd respondent rejecting my application dated 11.08.2021 for my recognition as founder family member of the 5th respondent temple, in the interest of justice. in Rc. No. A6/ENDW- Counsel for the Petitioner: SRI P RAJASEKHAR Counsel for the Respondent Nos. 1 to 4; GP FOR ENDOWMENTS Counsel for the Respondent No.5: SMT. ANNE SUBHASHINI DEVI (SC FOR ENDOWMENTS) The Court made the following order: APHC010289282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14572/2025 Between: 1.JANAPATI RADHA KRISHNA MURTHY, S/O LATE SEETARAMA SASTRY, HINDU, AGED ABOUT 57 YEARS, R/O 3-11/A, JANAPATI VARI VEEDHI, JANAPADU (V), PIDUGURALLA (M), PALNADU DT. ...PETITIONER AND 1.THE STATE OF AP, Rep. by its Principal Secretary (Endowments) Secretariat buildings, Velagapudi, Amaravathi. ...RESPONDENT Counsel for the Petitioner: 1.P RAJASEKHAR Counsel for the Respondent: 1.GP FOR ENDOWMENTS The Court made the following: ORDER: Heard Sri P. Rajasekhar, learned counsel for the petitioner and the learned Assistant Government Pleader for Endowments appearing for the respondents. 2 The instant writ petition is filed challenging the proceedings of the respondent No.3 in rejecting the application of the petitioner for recognition as Founder Family Member of the respondent No.5-Temple. 2. It is contended by the petitioner that the ancestors of the petitioner have constructed the subject temple investing their personal funds, and endowed their properties in favour of the Temple for conducting of day to 3. day rituals. In 2015, the petitioner’s paternal uncle filed an application in O.A.No.378 of 2015 before the Endowments Tribunal seeking registration of the Temple as private Temple. However, the Tribunal dismissed the application filed by the applicant therein (petitioner’s paternal uncle) after noting the efforts made by him in establishing and developing of the subject Temple observed that the petitioner (in OA) “is advised”io seek recognition as founder family member of the temple. Thus, observing his application was dismissed. In furtherance of the said directions, the applicant in the said O.A., did not file any application seeking his recognition as Founder Family Member of the Temple. The petitioner herein filed such an application on 11.08.2021 to recognize him as Founder Family Member of the subject 5^^ respondent- Temple. The respondent No.3 vide impugned proceedings dismissed the application advising the petitioner to approach the Endowments Tribunal. Hence, the writ petition. The learned counsel for the petitioner argues that the writ petition is filed challenging the observation of the 3'^'^ respondent as far as his observation is concerned i.e., that the petitioner has to go before the Tribunal 4. 3 seeking for recognition as founder family member. The learned counsel for the petitioner argues that in terms of the provisions of Section 17 of the Endowments Act, unless there is a dispute amongst the family members for recognition as Founder Family Members, invoking the jurisdiction of the Tribunal under Section 87(1 )(h) of the Act would not arise. He further submits that none of the petitioner’s family members have ever claimed any such recognition nor do they have any objection for such a recognition. In support of his contention, learned counsel for the petitioner relies on the decisions in the case of W.P.No.2596 of 2009 and W.P.No.7589 5. of 2013. Learned Assistant Government Pleader for Endowments appearing for the respondents would submit that against the impugned order, an appeal lies before the Tribunal. 6. Learned counsel for the petitioner however submits that entire record of the Temple discloses that the petitioner’s family is the Founder family and the same has not been disputed by the authority. The observation of the respondent No.3 would also to the effect the entries in the revenue records is also to the effect that the family members of the petitioners have donated the lands to the Temple and the Temple was constructed by the petitioner’s family and that they have been rendering service at the Temple. 7. Considered the rival submissions. The definition of the founder family member as defined under Section 17 of the Andhra Pradesh Charitable 8. 4 and Hindu Religious Institutions and Endowments the procedure for making appointments of trustees, reads as under: Act, 1987, which deals with 17. Explanation II: ‘Member of the family of the founder’ means children, grand children and time being in force and declared relevant appointing authority. ” so in agnatic line of succession for the or recognized as such by the 9. In view of the above and in view of the provisions of Section 17(1) of the Act, it cannot be said that the Deputy Commissioner of without the power to recognize and make Member. Therefore the observation of the Endowments is appointment as Founder Family respondent No.3 directing the petitioner to approach the Endowments Tribunai is unfounded, having regard to the fact that specific jurisdiction conferred on the Tribunal, in terms of Section 87(1 )(h) of the Endowments Act, wouid oniy arise when there is a dispute between the family members seeking such recognition . In the light of the same, the order impugned in the writ petition to the said extent of directing the petitioner to approach the Tribunai is set aside and the matter is remitted to the 3'"' respondent for passing appropriate orders. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K TATA RAO SECTION OFFICER //TRUE COPY// To, 1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Endowments), Secretariat buiidings, Veiagapudi, Amaravathi. 2. The Commissioner, Endowments Department, Gollapudi, Vijayawada. 3. The Deputy Commissioner, Endowments, Guntur District 4. The District Endowment Officer, Endowments Dept. Palnadu District, Narasaraopeta. Executive Guntur. 5. The Officer, Sri Gangaparvathi Sametha Someswaralayam, Janapadu Village, Piduguralla Mandalam, Palnadu Sri Dt. 6. One CC to Sri P Rajasekhar Advocate [OPUC] 7. One CC to Smt. Devi Subhashini Anne (SC for Endowments) Advocate [OPUC] 8. Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] 9. Two CD Copies TF HIGH COURT DATED:29/07/2025 ORDER WP NO. 14572 OF 2025 I 0 2 SEP 2025 Current Seciion . DISPOSING OF THE W.P., WITHOUT COSTS