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2025 DAILYLAW 21388 (AP)

GUJJULAKOTI SURYA PRAKASH REDDY v. THE STATE OF AP

WP/15277/2025 · 2025-07-02

Kiranmayee Mandava

body2025

Judgment text

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1 APHC0W301582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15277 OF 2025 Between: 1. Gujjulakoti Surya Prakash Reddy, S/o. Late Kotireddy, Agedabout66 years, Occ; Business. R/o. Flat No. 4b, Sri Sai Enclave, Chaitanyapuri 2 lane, Koritapadu, Guntur, Guntur District. 2. Gujjula Balakoti Reddy, S/o. Late Kotireddy, Aged about 64 Years, Occ: Cultivation, R/o.H.No. 3-180,Petiuru ViHage, Kondepi Mandal, Prakasam District. 3. Sri Sri Sri Sahajananda Bharathi Swamyvari Devasthana Bhakta Mandali Turst, Petiuru Village, Kondepi Mandal, Prakasam District, Andhra Pradesh Rep. by its President Gujjulakoti Surya Prakash Reddy, S/o. Late Kotireddy,’ Age 66 Years, R/o. Flat No. 4b, Sri Sai Enviave, Chaitanyapuri 2''^ lane, Koritapadu, Guntur, Guntur District, /n o. ...Petitioners (Petitioner No.3 is impleaded as per the Court’s Order dt. 03.07,2025 in I.A. No.03 of 2025 in Writ petition and affidavit) AND 1. The State of Andhra Pradesh, Revenue (Endowments) Department, Velagapudi, Secretariat Buildings, Amaravathi, Guntur District. 2. The Commissioner, Endowments Department, Gollapudi. Vijayawada 3. The District Endowments Officer, Ongole, Prakasam District. 4. ^i Sri Sri Sahajananda Bharathi Swamyvari Devasthanam, Petiuru Village, Kondepi Mandal, Prakasam District Represented by its Executive Officer. 5. Mule Koteswara Rao, S/o. Mule Musalaiah, Aged about 44 Years, Petiuru Village, Kodapal Mandal, Prakasam District, Pin - 523 270. nd ^ , ...Respondents (R5 IS impleaded as per the Court’s order dt.03.07.2025 in lA No.02/2025 in Writ Petition and affidavit) Petition under Article 226 of the Constitution of India praying that in the circurnstances stated in the affidavit filed therewith, the High Court may be ^pleastd to issue an appropriate writ order or direction more particularly one in 'the nature of writ of mandamus action of the respondents no.2 to 4 in trying to interfere with the annual 3 (Three) days Mahostavams which falls on ' 04.07.2025 to 06.07.2025 (Tholi Ekadasi) in 4^*^ respondent temple, being performed petitioners as bad, illegal-, arbitrary, violative of principles of Justice and violative of Articles 14, 21, 25 and 26 of Constitution India and consequently direct the respondents to not interefere with petitioners performance of annual 3 (Three) days Mahostavams which falls on 04.07.2025 to 06.07.2025 (Tholi Ekadasi) in 4**^ respondent temple and pass 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 direct the respondents not to interfere with annual 3 (Three) days Mahostavams which falls 04.07.2025 06.07.2025 (TholiEkadasi) in 4 respondent temple, being performed by the petitioners. th Counsel for the Petitioners : SRI D. V. SASIDHAR Counsel for the Respondent Nos.1 to 3 : GP FOR ENDOWMENTS Counsel for the Respondent No.4 : Mrs. DEVI SUBHASHINI ANNE, SC For Endowments Counsel for the Respondent No.5 : M/s. BURLU CHANDRA SEKHAR The Court made the following: ORDER APHC010301582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15277/2025 Between: 1.GUJJULAKOTI SURYA PRAKASH REDDY, S/0. LATE KOTIREDDY, AGED ABOUT 66 YEARS, OCC BUSINESS. R/0. FLAT NO. 4B, SRI SAI ENCLAVE, CHAITANYAPURI 2TH LANE, KORITAPADU, GUNTUR, GUNTUR DISTRICT 2.GUJJULA BALAKOTI REDDY, S/0 LATE KOTIREDDY, AGED ABOUT 64 YEARS, OCC CULTIVATION, R/O.H.NO. 3-180,PETIURU VILLAGE, KONDEPI MANDAL, PRAKASAM DISTRICT ...PETITIONER{S) AND 1.THE STATE OF AP, REVENUE (ENDOWMENTS) DEPARTMENT, VELGAPUDI, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. . 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA 3.THE DISTRICT ENDOWMENTS OFFICER, ONGOLE, PRAKASAM DISTRICT 4. SRI SRI SRI SAHAJANANDA BHARATHI SWAMYVARI DEVASTHANAM, PETIURU VILLAGE, KONDEPI MANDAL, PRAKASAM DISTRICT REPRESENTED BY ITS EXECUTIVE OFFICER ...RESPONDENT(S): 2 Counsel for the Petitioner(S): 1.D VSASIDHAR Counsel for the Responclent{S): 1.GP FOR ENDOWMENTS 2. DEVI SUBHASHINI ANNE SC For Endowments The Court made the following; ORDER: Heard Sri D.V.Sasidhar, learned counsel for the petitioner, learned Government Pleader for Endowments for the respondent Nos.1 to 3 and the learned Standing Counsel appearing for the respondent No.4. 2. The grievance of the writ petitioners is that the respondent Nos.2 to 4 are not allowing the petitioners to perform the annual ceremonial practices that are celebrated every year by them. 3. It is contended by the petitioners that they are hereditary trustees and have been performing the annual ceremonies at the respondent No.4 - Temple since the day of its establishment in 1993. For the first time the Executive Officer has been appointed vide proceedings, dated 18.07.2024. Challenging the same, it is stated that Writ Petition has been filed by the petitioners in W.P.No.23371 of 2024 and the same is pending as on today. The learned counsel for the petitioners submits that the Executive Officer of the Temple is not allowing the petitioners to perform the annual ceremonies that they were doing earlier. The petitioners 3 pray for a direction to the respondents not to interfere with the customary rituals that the petitioners may undertake/ perform in the ensuing annual celebrations. 4. Learned counsel for the petitioners would further submit that the petitioners would not interfere with the Hundi collections and the functioning of the Executive Officer and that the petitioners are only interested in continuing the practice of offering clothes to the deity and participation in the incidental rituals. Learned Government Pleader for Endowments appearing for the respondents would submit that the petitioners have no locus to participate in any of the rituals that would be performed during the annual celebrations of the Temple, having regard to the fact that the Executive Officer is appointed and each and every religious ceremonies and celebrations of the Temple would be performed by the Endowments 5. Department. 6. Having regard to the contentions advanced, this Court deems it appropriate to dispose of the writ petition directing the respondents to allow the petitioners to participate in the ensuing annual celebrations of the 4 ih respondent - Temple scheduled to be held from 04.07.2025 to 06.07.2025 and offer clothes to the deity and participate in the incidental ritual, if any, without any hindrance. 4 It is further directed the petitioners shall not cause any disturbance to the rituals that would be performed by and on behalf of the Executive Officer. The petitioners shall not seek the Executive Officer that discharge of his duties. any precedence over the protocol of may be followed by the Executive Officer in 7. With the above observation, the Writ Petition i There shall be no order as to costs. 1$ disposed of. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGI^AR //TRUE COPY// SECTION OFFICER To, VeSdfsectarfaTBulSi^ (Endowments) Department Kondepi Matdir?JSasam Distfirt^r''^" DeSaram^'petiuru Village 5. one CC^ ,0 Sri D.' V^laydlrar'^ocalTp^cr at Cnr HIGH COURT DATED:03/07/2025 ORDER WP 15277/2025 ^0 3 JUL 2025 ^^^^^r^entSectigpxy € Co (9 DISPOSING OF THE W.P. WITHOUT COSTS