SRI AADI VARAHI SHAKTI TEMPLE TRUST v. THE STATE OF AP
WP/15594/2025 · 2025-06-24
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22071 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22071 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
H ■I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No: 15594 OF 2025 Between: Sri Aadi Varahi Shakti Temple Trust, Reg.No.B.K.IV.178/2023, D.No.18-8-70 Madhuranagar, Represented by its Founder K.Surendra Babu K.Ramachandraiah, Tirupati Town, Tirupati District, Andhra Pradesh. S/o ...PETITIONER AND The State of Andhra Pradesh, Rep.By It's Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi-522503 . The Collector and District Magistrate, Tirupati District, Tirupati, Andhra Pradesh. The Superintendent of Police, Tirupati District, Tirupati, Andhra Pradesh. The Revenue Divisional Officer, Tirupati Revenue Division, Tirupati, Tirupati District, Andhra Pradesh. The Tahsildar, Tirupati Rural Mandal, Tirupati District. The Station House Officer, Tiruchanur Police Station, Tirupati District. Y. Gangi Reddy, Son of Venkatesh Reddy, Resident of Door No. 3-27/2, Namajam Street, Tiruchanur Village, Tirupati Ruaral Mandal, Tirupati District, Andhra Pradesh. 1. 2. 3. 4. 5. 6. 7. ...RESPONDENTS 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 an appropriate Writ, Order or direction more particularly
one in the nature of WRIT OF MANDAMUS declaring the action of the respondents No. 5 and 6 not allowing the petitioner and other devotees for entering temple premises ( Sri Varahi Temple) for Conducting Navarathri t ,G)|kgha(where the large number of devotees will be gathered in the Temple
“on^|06:2025 to 04.07.2025 ) by passing the proceedings vide Roc.No. • Ay#2i72025 dated 16.06.2025 by the 5**^ respondent and imposing section 164 dt BNSS Act, which is highly illegal, arbitrary and violation of Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondents to alter the conditions imposed in proceeding vide Roc. No. A/227/20125 dated 16.06.2025 and allowed the petitioner and other devotees for conducting Navarathri Deksha, Pooja and Aradana. 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 to allow the petitioner and other devotees to the Temple premises for conducting Navarathi Deksha, Pooja and all other rituals of Sri Aadi Varahi Sakti Temple by suspending the proceedings vide Roc.No.A/227/2025 dated 16.06.2025, pending disposal of the above Writ Petition.
Counsel for the Petitioners:
SRI PATHI SIVA PRASAD Counsel for the Respondent Nos.1, 2, 3 & 6: GP FOR HOME Counsel for the Respondent Nos.4 & 5: GP FOR REVENUE Counsel for the Respondent No.7: The Court made the following: ORDER /
APHC010310742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15594/2025 Between: Sri Aadi Varahi Shakti Temple Trust and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1.PATHI SIVA PRASAD Counsel for the Respondent(S):
1.GP FOR HOME The Court made the following:
THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15594 OF 2025
ORDER:
1. The learned counsel for the petitioner submits that the petitioner is looking after the activities of Sri Aadi Varahi Shakti Temple Trust which was constructed in land measuring Ac.0.50 cents of land at Tiruchanur Village. It is further submitted by the learned counsel for the petitioner submits that the land admeasuring in an extent of Ac.4.64 cents was purchased by the 7*^ respondent and his family members by unregistered agreement sale deed dt.08.09.2014. It is submitted that the entire sale consideration was passed to the 7"" respondent at the time of execution of the said document. an
2. It is also submitted by the learned counsel for the petitioner that the petitioner is intending to conduct “Aashada Gupta Varaahi Navaratrulu” from 26.06.2025 to 05.07.2025, in that regard a representation dated 09.06.2025 was submitted to the 6**^ respondent seeking permission for performing the “Aashada Gupta Varaahi Navaratrulu”. It is submitted that on 16.06.2025, the 5**^ respondent has issued proceedings under Section 164(1) BNSS and directed the petitioner and the 7*^ respondent not to enter into the land and prohibiting the entry and occupation of the disputed land in Sy.No.158 admeasuring an extent of Ac.0.50 cents of Tiruchanur Village. 3. The learned counsel for the petitioner further submits that to the limited •s. extent of permitting the petitioner to perform the proposed “Aashada
Gupta Varaahi Navaratrulu” from 26.06.2025 to 05.07.2025, the proceedings issued by the 5^*" respondent be modified. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the State. The impugned proceedings dated 16.06.2025 shall stand suspended till
06.07.2025. The 6*^ respondent shall extend necessary bundobust to the petitioner/Sri Aadi Varahi Shakti Temple Trust for performing the proposed “Aashada Gupta Varaahi Navaratrulu” from 26.06.2025 to
05.07.2025. The petitioner also shall cooperate with the 6*^ respondent
4. 5. and ensure that the no law and order problem is created on account of the permission granted, This order would not be implied as conferring title over the property as the same seems to be under dispute with the 7^*^ respondent. It is left open for the parties to redress their right, title and claim over the disputed property before the appropriate Court. With these observations, the present writ petition is disposed off at the
6. admission stage. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, sh^J-^tand closed.
Sd/- SHAIK MOHD. RAFl assistant registrar //TRUE COPY// To,
1. The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Collector & District Magistrate, Tirupati District, Tirupati, Andhra Pradesh. 2. 3. The Superintendent of Police, Tirupati District, Tirupati, Andhra Pradesh. 4. The Revenue Divisional Officer, Tirupati Revenue Division, Tirupati, Tirupati District, Andhra Pradesh. 5. The Tahsildar, Tirupati Rural Mandal, Tirupati District. 6. The Station House Officer, Tiruchanur Police Station, Tirupati District. 7. Y. Gangi Reddy, Son of Venkatesh Reddy, Resident of Door No. 3-27/2, Namajam Street, Tiruchanur Village, Tirupati Ruaral Mandal, Tirupati District, Andhra Pradesh. 8. One CC to Sri Pathi Siva Prasad, Advocate [OPUC]
9. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh. 10. [OUT]
11. Three CD Copies. gi
HIGH COURT CC DATED:25/06/2025
ORDER AND/y^;|^ X 2 5 JUN 2025 WP.No.15594 of 2025 (O ^ . Current Secnon patcvV^-^ DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS