V ■ ^ APHC010338512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17178 OF 2024 Between: Y.Krishna Rao, S/o. Late Y.Raja Rao, aged about 79 years, R/o. Main Road, Meliaputti village and Mandal, Srikakulam District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Endowments Department, Secretariat, Velagapudi, Amaravathi. 2. The Commissioner, A.P. Charitable and Hindu Religious Institutions, Endowments Department, Gollapudi, Vijayawada. 3. The Assistant Commissioner, Endowments Department, Srikakulam, Srikakulam District. 4. The District Collector, Srikakulam District, Srikakulam. 5. The Sub-Registrar, Pathapatnam Village and Mandal, Srikakulam District. 6. Madugula Rama Rao, S/o. Late Veeranna, P.0, Village and Mandal, Srikakulam District. 7. MadugulaSimmappadu, S/o. Late Veeranna, Cultivation P.0, Village and Mandal, Srikakulam District. 8. Madugula Dharma Rao, S/o. Late Veeranna Meliaputti P.0, Village and Mandal, Srikakulam District 9. BrundavanaSahu, S/o. Late ArjunaSahu, City, Ganjam District, Orissa State. Cultivation, R/o. Meliaputti R/o. Meliaputti Cultivation, R/o. Business, R/o. Berhampur 10. PremalathaDasu, W/o. LingarajuDasu, Household duties, R/o. Dalmarastreet, Berhampur, Ganjam District, Orissa State. MadugulaGanapathi Rao, S/o. Venkatappadu, Cultivation, R/o. Meliaputti P.0, Village and Mandal, Srikakulam District. Smt Madugula Surya Kumari, W/o. M.Rama Rao, Household duties, R/o. Meliaputti P.0, Village and Mandal, Srikakulam District. MadugulaSyamasundara Rao, S/o. Late MadugulaSimmappadu, Aged about 68 years, Occ Business, R/o. Flat No.2307, VSR Enclave, Srinivasanagar, Narasannapeta village and Mandal District. 11. 12. 13. Srikakulam 14. Madugula Ramesh, S/o. Late Madugula Dharma Rao, Aged about 54 years, Occ cultivation, R/o. Meliaputti P.0, Village and Mandal, Srikakulam District. Manjusri Das, W/o. Chandrasekhar Das, Aged about 54 years, Occ Cultivation, R/o. Church Road, Malimani Apartment, Berhampur, Ganjam District, Odisha. Madugula Anil Kumar, S/o. Late Madugula Ganapathi Rao, Aged about 44 years, Occ Government Employee, R/o. 2184, Bhagyanagar, Meliaputti village and Mandal, Srikakulam District. The Maharaja Samsthan, Rep.by its Manager, Palace, Palace Street, Parlakhemundi, Gajapathi District, Odisha. Radha Govinda Swamy Temple, Meliaputti, Rep.by its Executive Pathapatnam Neelamani Durga Ammavari Temple, Pathapatnam, Srikakulam District, Andhra Pradesh. 15. 16. 17. 18. Officer, ...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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the Respondent No.2 upon the representation of the Petitioner dated 08.04.2024 to protect the properties of 18*^ respondent temple landed properties to an extent of Ac.20.40 cents in Sy.No.333 and extent of Ac.06.04 cents in Sy.No.342 situated at Meliaputti Village and Mandal of Srikakulam District as illegal, arbitrary and violation of Act and AP Charitable and Religious respondent to notify provisions of Estate Abolition Endowments Act, 1987 and consequently direct the 2 the lands of the temple in Sy.no.342 to an extent of Ac.6.04 cents and nd Sy.No.333 to an extent of Ac.20.40 cents in Meliaputti village under Sec.22 A (1) (c) of the Registration Act, 1908 forthwith and pass. lA NO: 1 OF 2024 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 Respondent No.2 to file action taken report in pursuanMoihe letter of writ petitioner dated 08.04.2024 before this Hon'ble Court. / Counsel for the Petitioner: SRI B SESIBUSHAN RAO Counsel for the Respondents No.1 to 3:GP FOR ENDOWMENTS Counsel for the Respondents No.4 & 5 :GP FOR REGISTRATION AND STAMPS Counsel for the Respondents No.6,9,12,14 to 16: SRI S.V.S.S.SIVA RAM Counsel for the Respondent No.18: SRI CHINTAPALLI SRINIVAS The Court made the following Order: APHC010338512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] h; TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17178/2024 Between: 1.Y.KRISHNA RAO, , S/0. LATE Y.RAJA RAO, AGED ABOUT 79 YEARS, R/0. MAIN ROAD, MELIAPUTTI VILLAGE AND MANDAL, SRIKAKULAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL ENDOWMENTS DEPARTMENT, SECRETARIAT, SECRETARY VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER, A.P.CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA. 3. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, SRIKAKULAM,SRIKAKULAMDISTRICT. 4. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, SRIKAKULAM. 5. THE SUBREGISTRAR, PATHAPATNAM VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. 6 MADUGULA RAMA RAO, S/0. LATE VEERANNA, CULTIVATION, SRIKAKULAM R/0. MELIAPUTTI P.0, VILLAGE AND MANDAL, DISTRICT. 7. MADUGULASiMMAPPADU, S/O. LATE VEERANNA, CULTIVATION, 2 R/0. MELIAPUTTI P.0, VILLAGE AND MANDAL, DISTRICT. SRIKAKULAM 8. MADUGULA DHARMA RAO, S/0. LATE VEERANNA, CULTIVATION, R/0. MELIAPUTTI P.0, VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. 9. BRUNDAVANASAHU, S/0. LATE ARJUNASAHU, BUSINESS, R/0. BERHAMPUR CITY, GANJAM DISTRICT, ORISSA STATE. 10.PREMALATHADASU, W/O. LINGARAJUDASU, DUTIES, R/0. DALMARASTREET, BERHAMPUR, DISTRICT, ORISSA STATE. HOUSEHOLD GANJAM 11.MADUGULAGANAPATHI RAO, S/0. VENKATAPPADU CULTIVATION, R/0. MELIAPUTTI P.0, VILLAGE AND MANDAL SRIKAKULAM DISTRICT. 12.SMT MADUGULA SURYA KUMARI, W/O. M.RAMA RAO, HOUSEHOLD DUTIES, R/0. MELIAPUTTI P.0, VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. 13. MADUGULASYAMASUNDARA RAO, MADUGULASIMMAPPADU, AGED ABOUT 68 YEARS, OCC BUSINESS, R/0. FLAT NO.2307, SRINIVASANAGAR, NARASANNAPETA VILLAGE AND MANDAL SRIKAKULAM DISTRICT. S/0. LATE VSR ENCLAVE 14.MADUGULA RAMESH, S/O. LATE MADUGULA DHARMA RAO, AGED ABOUT 54 YEARS, OCC CULTIVATION, R/0. MELIAPUTTI P.0, VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. 15.MANJUSRI DAS, W/O. CHANDRASEKHAR DAS, AGED ABOUT 54 YEARS, OCC CULTIVATION, R/0. CHURCH ROAD, MALIMANI APARTMENT, BERHAMPUR, GANJAM DISTRICT, ODISHA. 16.MADUGULA ANIL KUMAR, S/O. LATE MADUGULA GANAPATHI RAO, AGED ABOUT 44 YEARS, OCC GOVERNMENT EMPLOYEE, R/0. 2184, BHAGYANAGAR, MELIAPUTTI VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. 17.THE MAHARAJA SAMSTHAN, REP.BY ITS MANAGER, PALACE PALACE STREET, PARLAKHEMUNDI, GAJAPATHI DISTRICT ODISHA. 3 18.RADHA GOVINDA SWAMY TEMPLE, MELIAPUTTI, REP.BY ITS PATHAPATNAM NEELAMANI DURGA AMMAVARI TEMPLE, PATHAPATNAM, SRIKAKULAM DISTRICT, ANDHRA PRADESH. EXECUTIVE OFFICER, ...RESPONDENT(S): 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 topleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the Respondent No.2 upon the represenation of the Petitioner dated 08.04-2024 to protect the properties of 18th respondent temple landed properties to an extent of Ac.20.40 cents in Sy.No.333 and situated at Meliaputti Village and Mandal of Srikakulam District as illegal, arbitrary and violation of provisions of Estate Abolition Act and AP Charitable and Religious Endowments Act, 1987 and consequently direct the 2nd respondent to notify the lands of the tempi in Sy.no. 342 to an extent of Ac.6.04 cents and Sy.No.333 to an extent of Ac.20.40 cents in Meliaputti village under Sec.22 A (1) (c) of the Registration Act, 1908 forthwith and lA NO: 1 OF 2024 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 pleased to direct the Respondent No.2 to file action taken report in pursuant to the letter of writ petitioner dated 08.04.2024 before this Hon'ble Court 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 may be pleased to grant leave to the Respondent No.2 in the Writ Petition No. 17178 of 2024 to file counter affidavit in the above writ petition and pass Counsel for the Petitioner: 1.BSESIBUSHAN RAO Counsel for the Respondent(S): 1.CHINTAPALLI SRINIVAS extent of Ac.06.04 cents in Sy.No,342 pass 4 2.S.V.S.S.SIVARAM 3.GP FOR ENDOWMENTS 4.GP FOR REGISTRATION AND STAMPS The Court made the following: ORDER:- Heard the submissions of Sri B.Sesibushan Rao, learned counsel for the petitioner, learned Government Pleader for Endowments appearing for the 1®* to 3'’'^ respondents, learned Government Pleader for Registration and Stamps appearing for the 4^*^ and respondents, Sri S.V.S.S.Siva Ram, learned counsel appearing for 9‘^, 12*^, 14‘^ to 16*^ respondents and Sri Chintapalli Srinivas, learned Standing Counsel for the 18*^ respondent. The instant writ petition is filed being aggrieved by the inaction of the 2"'* respondent in not passing any order on the representation made by the petitioner on 08.04.2024, filed to protect the properties of 18‘^ respondent temple in an extent of Ac.20.40 cents of land in Sy.No.333 and an extent of Ac.6.04 cents in Sy.No.342, Meliaputti Village and Mandal of Srikakulam District, and sought for a consequent direction to notify the lands of the temple in Sy.No.333 and Sy.No.342, Meliaputti Village and Mandal of Srikakulam 2. District. The unofficial respondents filed counter affidavit stating that the writ petitioner has no locus to file the instant writ petition and further stated that the subject lands are their patta lands having purchased the same through a valid registered sale deeds for valuable consideration from the 3. 5 erstwhile late Raja of Parlakhemundi. And stated that the litigation is politically motivated; and is filed only to vent his personal vengeance, also stated that there is a political rivalry between the unofficial 6**^ respondent and the writ petitioner. It is The Endowments Department also filed a detailed counter affidavit, stating inter alia, that the temple is situated in Sy.No.342 and the Dolo Mandapam is located in Sy.No.333, the land has not been surveyed and no sub-division numbers have been allotted to the property belonging to the temple and after allotment of the sub-division record, appropriate action would be taken for issuing proceedings under Section 22A(1)(c) of the Registration Act, 1908. 4. 5. Having regard to the contentions advanced, this Court deems it appropriate to dispose of the writ petition with directions to the 2'^'^ respondent to pass appropriate orders on the representation of the petitioner. 6. The writ petition is accordingly disposed of, directing the 2^^ respondent to pass appropriate orders on the representation made by the petitioner after giving notice to the unofficial 6'^ to 17*^ respondents, within a period of eight (8) weeks from the date of receipt of the order. Till passing of such orders by the 2^^ respondent, the respondents shall not create any third party interests in respect of the subject property. There shall be no order as to costs. 6 As a sequel, interlocutory applications, pending if any, shall stand closed. i . Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// ECTIONOFeCER To, Endowments Department, Secretariat, The Principal Secretary, Velagapudi, Amaravathi. The Commissioner, A.P.Charitable and Hindu Religious Institutions, Endowments Department, Gollapudi, Vijayawada. The Assistant Commissioner, Endowments Department, Srikakulam, 1. 2. 3. Srikakulam District. 4. The District Collector, Srikakulam District, Srikakulam. 5. The Sub-Registrar, Pathapatnam Village and Mandal, Srikakulam District. 6. One CC to Sri. 6 Sesibushan Rao, Advocate [OPUC 7. One CC to Sri. Chintapalli Srinivas, Advocate [OPUC 8. One CC to Sri. S.V.S.S.Siva Ram, Advocate [OPUC] 9. Two CCs to GP for ENDOWMENTS, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for REGISTRATION AND STAMPS, High Court of Andhra Pradesh [OUT] 11. Two CD Copies vna V HIGH COURT DATED:05/08/2025 ORDER WP NO. 17178 OF 2024 I 1TSEP 2025 ^ * Current section . % m DISPOSING OF THE WRIT PETITION WITHOUT COSTS