APHC010455902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23328/2025 Between: 1. KOTHAKOTA ANANTHACHARYULU, S/O LATE K LAXMANACHARYULU, AGED 52 YEARS, OCC. UPA PRADHANA ARCHAKA RETIRED, R/O PLOT NO 92 BHEEMAS GARDEN, NEAR SNAS TEMPLE, KASAPURAM VILLAGE, GUNTAKAL MANDAL, ANANTAPURAM DISTRICT, 515803. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY ENDOWMENTS DEPARTMENT SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, ENDOWMENT DEPARTMENT, AT GOLLAPUDI, VIJAYAWADA, ANDHRA PRADESH, 521225. 3. THE EXECUTIVE OFFICER, SRI NETTIKANTI ANJANEYA SWAMY VARI DEVASTHANAM, KASAPURAM VILLAGE, GUNTAKAL MANDAL, ANANTHAPURAM DISTRICT, ANDHRA PRADESH, 515803. ...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 to issue a writ or direction more particularly in the nature of Writ of mandamus by declaring the action of the respondents more particularly respondent no 3 proceeding vide Rc.No B/364/2025 dated 12.08.2025 calling 2 for applications for appointment for trustees before considering the Petitioner representation requesting to recognize him as hereditary trustee as illegal and arbitrary and alternatively direct the respondents not to appoint trustees to the Sri Nettikanti Anjaneya Swanrry vari Devasthanam situated at Kasapuram,village Guntakal mandal, Ananthapuram District before any action is taken on the petitioners representation seeking to be appointed as hereditary trustee and pass IA 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 pleased to direct the respondents not to appoint trustees to the Sri Nettikanti Anjaneya Swamy vari Devasthanam situated at Kasapuram,village Guntakal mandal, Ananthapuram District before any action is taken on the petitioners representation seeking to be appointed as hereditary trustee to Sri Nettikanti Anjaneya Swamy vari Devasthanam pass orders pending disposal of this Writ petition, in the interest of justice and equity and to pass Counsel for the Petitioner: 1. K AMRITH RAJ Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS The Court made the following: ORDER: Heard Sri K. Amrith Raj, learned counsel for the petitioner, the learned Assistant Government Pleader for Endowments for the respondent No.1 & 2 and Sri T. Venu Gopal, learned Standing Counsel for the respondent No.3. 2. The challenge in the present writ petition is to the proceedings of the respondent No.3, dated 12.08.2025 calling for applications for appointment of members to the Trust Board to the 3rd respondent Temple. 3 3. The contention of the petitioner is that he has approached the Commissioner, Endowments Department, on 12.06.2025 seeking recognition as founder family member. Pursuant to the said application, the Commissioner has called for a report from the respondent No.3 – Executive Officer. In the meanwhile, the respondent No.3 has issued the impugned notification calling for applications for appointment as members of the Trust Board. It is further contended that if Trust Board is constituted without adjudicating on the rights of the petitioner for which he has already filed an application in the month of July-2025, the petitioner would be deprived to be represented under the Trust Board. It is further stated that the petitioner has earlier filed a Writ Petition in W.P.No.20905 of 2025 seeking a direction to the respondents to consider the representation of the petitioner before any person is appointed as hereditary trustee. The said Writ Petition was disposed of with a direction to the respondent No.2 – Commissioner to consider and pass appropriate orders from the date of receipt of the report of the respondent No.3. 4. Learned Standing Counsel appearing for respondent No.3 would submit that the petitioner has no locus to challenge the notification, dated 12.08.2025, issued calling for applications from the general public who wish to be appointed as trustees, whereas the petitioner's claim is for recognition as a founder family member. Therefore by the instant Writ Petition, seeking to stall the entire exercise of appointing members to the trust board under provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions And Endowments Act, 1987 is unjust. 4 5. Considered the rival submissions. Having regard to the submissions advanced, this Court deems it appropriate to dispose of the Writ Petition directing the respondent No.2 – Commissioner to pass appropriate orders on the representation of the petitioner within a period of three (03) weeks from the date of receipt of the order. In the meantime, the respondent No.3 shall submit a report as called for by the respondent No.2. The Department is at liberty to appoint the trustees to the Trust Board pursuant to the notification, dated 12.08.2025; however, before the appointment of the trustees is completed, the application of the petitioner seeking recognition as a founder family member shall be disposed of. 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. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 04.09.2025 MSI 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23328/2025 Date: 04.09.2025 MSI