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High Court of Andhra Pradesh · body

2025 DAILYLAW 24757 (AP)

MEKA PAVAN KUMAR v. THE STATE OF ANDHRA PRADESH

WP/17811/2025 · 2025-07-17

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4 APHC010350522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17811 OF 2025 / Between: Meka Pavan Kumar, S/o Meka Venkata Mohana Gopala Apparao Aged about 50 Years, Occ Business R/o Nuzvid, Eluru District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments) Department, Secretariat Buildings, Velagapudi, Guntur District, A.P. The Commissioner, Endowments Department, Gollapudi, Vijayawada, Krishna District. The Deputy Commissioner, Endowments Department,Kakinada Sri Sobhanachaia Swamy and Mallikarjuna Swamyvarla Devasthanam, Agiripalli Village and Mandal, Eluru District Rep. by its Executive Officer 2. 3. 4. ...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 action of the 2nd respondent in issuing notification vide Rc. No. B1 /COE-12026(31 )/4/2025-10 dated 06.05.2025 in calling applications for Trusteeship to the Sri Sobhanachaia Swamy and Mallikarjuna Swamyvaria Devasthanam, AgiripaHi Village and Mandal, Eluru Districti.e., 4th respondent temple pending 01.03.2025 seeking declaration of FFM as bad, illegal, arbitrary, without jurisdiction, violative of principles of natural justice and violative of Articles 14. 21, 25 and 26 of Constitution of India and consequently set aside the same. petitioner application dated 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 operation of impugned proceedings of the 2nd respondent issued vide Rc.No.B1/COE-12026(31)/4/2025-10 dated 06.05.2025 and consequently direct the 2nd respondent to not to constitute trust board to the 4th respondent temple till disposal of the Founder Family Membership recognition application submitted to the 2"^^ respondent on 01.03.2025 Counsel for the Petitioner: SRI D V SASIDHAR Counsel for the Respondent Nos 1 to 3: GP FOR ENDOWMENTS Counsel for the Respondent No. 4: SMT. P RADHIKA, SC FOR ENDOWMENTS The Court made the following order: APHC010350522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17811/2025 Between: 1.MEKA PAVAN KUMAR, S/0 MEKA VENKATA MOHANA GOPALA APPARAO AGED ABOUT 50 YEARS, OCC BUSINESS R/0 NUZVID, ELURU DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE (ENDOWMENTS) DEPARTMENT, GUNTUR DISTRICT, SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, A.P. 2.THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 3.THE DEPUTY COMMISSIONER, DEPARTMENT, KAKINADA ENDOWMENTS 4.SRI SOBHANACHALA SWAMY AND MALLIKARJUNA SWAMYVARLA DEVASTHANAM, AGIRIPALLI VILLAGE AND MANDAL, ELURU DISTRICT REP. BY ITS EXECUTIVE OFFICER ...RESPONDENT(S): Counsel for the Petitioner: 1.D VSASIDHAR 2 Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS The Court made the following: ORDER: Heard Sri D.V. Sasidhar, learned counsel for the petitioner and the learned Assistant Government Pleader for Endowments for the respondents. 2. Aggrieved by the inaction of the respondents in not passing orders on the application made by the petitioner, on 01.03.2025 seeking recognition of the petitioner as Founder Family Member of the respondent No.4 - Temple, the instant Writ Petition is filed. 3. It is contended that the petitioner has also obtained objection from the remaining family members regarding his recognition the hereditary trustee of the 3'^^ respondent temple. Sri D.V.Sasidhar learned counsel for the petitioner would submit that the application made by the petitioner on 01-03-2025 no as was the respondents, without considering the application of the petitioner, are now proposing to constitute the Trust Board for the 4**^ respondent temple. In connection thereto, issued proceedings, dated 06.05.2025, calling for applications for Trusteeship in respect of the subject temple. If such proceedings are finalized without recognizing the claim made by the petitioner, the petitioner would be deprived of his right to be recognized as the hereditary trustee of 3 ft the Trust Board after his name is allowed by the Commissioner. In such circumstances prays the Court to direct the respondent No.2 to pass appropriate orders on the application made by the petitioner on 01.03.2025. 4. When the matter is taken up for admission today, learned Assistant Government Pleader for Endowments has placed before the Court a copy of the instructions received by him in the case. A perusal of the same would reflect that pursuant to the application made by the petitioner, the respondent No.3 has submitted a report to the Commissioner on 28.04.2025 stating that no specific orders have been issued recognizing either the petitioner or any person as Founder Family Member of the Temple. It further reported that the petitioner is not the only person in the I family to seek recognition as founder family member as there are other family members. It is understood from the said report that the register under sec.43 of the Act 30/87 discloses the name of Meka Muvva Gopala Rao as the last hereditary trustee, however said recognition of the Gopala Rao has not been supported by any proceedings. 5. Having regard to the same, this Court is of the view without passing appropriate orders in accordance with law on the representation of the petitioner, after submission of the report of the respondent No.3, dated 28.04.2025, the impugned proceedings have been issued by the respondent No.2. Having regard to the same, this Court deems it 4 appropriate to dispose of the writ petition directing the respondent No.2 to pass appropriate orders on the application of the petitioner, dated 01.03.2025 in accordance with law, after giving due opportunity of hearing the petitioner within a period of four (04) weeks from date of receipt of the order. Till such time, the constitution of the Trust Board to the Respondent No.3 - Temple shall not be finalized by the Commissioner, Endowments Department. 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- KJ.RAJA BABU ASSISTANT REGISTRAR J //TRUE COPY// S N OFFICER To, 1. The Principal Secretary, Revenue (Endowments) Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi A.P. 2. The Commissioner, Endowments Department, Gollapudi, Vijayawada, Krishna District. 3. The Deputy Commissioner, Endowments Department,Kakinada 4. The Executive Officer, Sri Sobhanachala Swamy and Mallikarjuna Swamyvarla Devasthanam, Agiripalli Village and Mandal, Eluru District 5. One CC to Sri. D V Sasidhar Advocate [OPUC] 6. One CC to Smt P Radhika SC for Endowment [OPUC] 7. Two CCs to GP For Endowments High Court of Andhra Pradesh [OUT] 8. Two CD Copies GSC Guntur District, / a HIGH COURT DATED:18/07/2025 ORDER WP NO. 17811 OF 2025 DISPOSING THE WP WITHOUT COSTS