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2025 DAILYLAW 32071 (AP)

T PRABHUDAS v. THE STATE OF AP

WP/24013/2025 · 2025-09-10

Kiranmayee Mandava

body2025

Judgment text

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APHC010471022025 IN THE HIGH COURT OF ANDHRA PRADESH ' AT AMARAVATI (Special Original Jurisdiction) t b • THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA y'/ WRIT PETITION NO: 24013 OF 2025 Between: 1. T. Prabhudas, S/o. Late Thimmegowda, Aged 56 years, Dharmakatha, Shankareshwara Swamy Temple, R/o. D.No.3-39, Agali Village and Mandal, Satya Sai District. 2. Talari Shankarappa, S/o. Late Dodda Yalla Nayaka Aged 70 years, R/o. D.No.4-88 E, Agali Village and Mandal, Satya Sai District. 3. Tari Sanna Shankarappa, S/o. Late Dodda Yalla Nayaka Aged 78 years, R/o. D.No.4/27, Agali Village and Mandal, Satya Sai District. 4. Tari Nagaraju, S/o. Late Linga Nayaka Aged 51 years, R/o. D.No.4/34, Agali Village and Mandal,Satya Sai District. ...Petitioners AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Endowment Department, Secretariat, Velagapudi Guntur District. 2. Commissioner of Endowment, One Center, Restaurant, Goflapudi, Vijayawada- 521 225. 3. Assistant Commissioner of Endowment, Near Police Control Room Governor Peta, Vijayawada-520001. 4. District Endowment Officer, Endowment Department, District, Puttaparthi. ^ ’ Opp to S Grand Satya Sai f The Executive Officer, Endowment Department, Madakasira Group of Temples, Madakasira, Satya Sai District. 6. Devaraju, S/o. Late Dasappa, Aged 50 years, Agali Village and Mandal, Satya Sai District. Mallikarjuna, S/o. Kata Nayak, aged 45 years, Agali Village and Mandal, Satya Sai District. 8. UMESH, S/o. Kata Nayak, aged 45 years, Agali Village and Mandal, Satya Sai District. 9. Raju, S/o. Obanna, aged 43 years, Agali Village and Mandal, Satya Sai District. 10. Jagadeesh, S/o. Late Rangappa, aged 44 years, Agali Village and Mandal, Satya Sai District. 5. \ 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 any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of respondents 3 to 10 in trying to interfere with the petitioners in performing Pallaki festivals (PALANQUIN PROCESSION FESTIVAL), Processions, Navarathri festivals, and Specific Community Traditions such as unique rituals, dances, music and art forms different community especially 1st petitioner and other petitioners as TALARI / NAYAKA in performing a PALANQUIN PROCESSION FESTIVAL of Shankareshwara Swamy Temple and Grama Devatha Temple Agali Village, Sri Satya district without issuing any notice or without following due process of law is illegal, arbitrary and violative of Article 14, 16 and 21 of the constitution of India and against the provisions of Endowment Act 30/1987 and against the Principals of natural justice and consequently direct the Respondents not to interfere with the petitioners in performing Pallaki festivals (PALANQUIN PROCESSION FESTIVAL), Processions, Navarathri festivals, and Specific Community Traditions such as unique rituals, dances, music and art forms reflecting the rich heritage of by 'KALASHA PUJA reflecting the rich heritage especially by the 1st petitioner by KALASHA PUJA and other petitioners as TALARI / NAYAKA in performing a PAl_ANQUIN PROCESSION FESTIVAL of Shankareshwara Swamy Temple and Grama Devatha Temple of Agali Village and Mandal, Sri Satya district and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and in the interest of the justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents not to interfere with the petitioners in performing Pallaki festivals (PALANQUIN PROCESSION FESTIVAL), Processions, Navarathri festivals, and Specific Community Traditions such as unique rituals, dances, music and art forms reflecting the rich heritage of different community especially 1st petitioner by “KALASHA PUJA” and other petitioners as TALARI / NAYAKA in performing a “PALANQUIN PROCESSION FESTIVAL” of Shankareshwara Swamy Temple and Grama Devatha Temple to to be held in the month of September-October 2025 of Agali Village and Mandal, Sri Satya District. Counsel for the Petitioners: SRI M. CHINNAPA REDDY Counsel for the Respondent Nos.1 to 4 : GP FOR ENDOWMENTS ' Counsel for the Respondent No.5 : SRI T. VENU GOPAL, SC FOR ENDOWMENTS Counsel for the Respondent Nos.6 to 10 : NONE APPEARED The Court made the following order: / 9^) APHC010471022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] I u ■ THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24013/2025 Between: 1.T PRABHUDAS, S/0. YEARS,DHARMAKATHA, SHANKARESHWARA SWAMY TEMPLE R/0. D.NO.3-39, AGALI VILLAGE AND MANDAL, DISTRICT. AGED 56 LATE THIMMEGOWDA SATYA SAI 2 TALARI SHANKARAPPA, S/0 LATE DODDA YALLA NAYAKA. AGED AGALI VILLAGE AND MANDAL, 70 YEARS, R/0. D.NO.4-88 E SATYA SAI DISTRICT. .....I SANNA SHANKARAPPA, S/0 LATE DODDA YALLA NAYAKA AGED 78 YEARS, R/0. D.NO.4/27, AGALI VILLAGE AND MANDAL, SATYA SAI DISTRICT. 4.TARI NAGARAJU, S/0 LATE LINGA NAYAKA AGED 51 YEARS, R/0. AGALI VILLAGE AND MANDAL,SATYA SAI DISTRICT. ...PETITIONER(S) 3.TARI D. NO.4/34, AND 1 THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, VELAGAPUDI SECRETARIAT, ENDOWMENT DEPARTMENT GUNTUR DISTRICT. 2. COMMISSIONER OF ENDOWMENT, ONE CENTER, OPP TO S RESTAURANT, GOLLAPUDI, VIJAYAWADA- 521 225. GRAND 3 ASSISTANT CONTROL ROOM, GOVERNOR PETA, VIJAYAWADA-520001 COMMISSIONER OF ENDOWMENT, NEAR POLICE 4. DISTRICT ENDOWMENT OFFICER, ENDOWMENT DEPARTMENT SATYA SAI DISTRICT, PUTTAPARTHI. 5. THE EXECUTIVE OFFICER, MADAKASIRA GROUP OF TEMPLES DISTRICT. 6. DEVARAJU, S/0 LATE DASAPPA, AGED 50 YEARS, VILLAGE AND MANDAL, SATYA SAI DISTRICT. 7. MALLIKARJUNA, S/0 KATA NAYAK, AGED 45 YEARS, VILLAGE AND MANDAL, SATYA SAI DISTRICT. 8. UMESH, S/0 KATA NAYAK, AGED 45 YEARS, AND MANDAL, SATYA SAI DISTRICT. 9. RAJU, S/0 OBANNA, AGED 43 YEARS MANDAL, SATYA SAI DISTRICT. 10.JAGADEESH, S/0 LATE RANGAPPA, AGED 44 YEARS VILLAGE AND MANDAL, SATYA SAI DISTRICT. 5. THE EXECUTIVE OFFICER, MADAKASIRA GROUP OF TEMPLES DISTRICT. 6. DEVARAJU, S/0 LATE DASAPPA, AGED 50 YEARS, VILLAGE AND MANDAL, SATYA SAI DISTRICT. 7. MALLIKARJUNA, S/0 KATA NAYAK, AGED 45 YEARS, VILLAGE AND MANDAL, SATYA SAI DISTRICT. 8. UMESH, S/0 KATA NAYAK, AGED 45 YEARS, AND MANDAL, SATYA SAI DISTRICT. 9. RAJU, S/0 OBANNA, AGED 43 YEARS MANDAL, SATYA SAI DISTRICT. 10.JAGADEESH, S/0 LATE RANGAPPA, AGED 44 YEARS VILLAGE AND MANDAL, SATYA SAI DISTRICT. ENDOWMENT DEPARTMENT, MADAKASIRA, SATYA SAI AGALI AGALI AGALI VILLAGE AGALI VILLAGE AND AGALI ...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 any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of respondents 3 to 10 in trying to interfere with the petitioners in performing Pallaki festivals (PALANQUIN PROCESSION FESTIVAL), Processions, Navarathri festivals , and Specific Community Traditions such as unique rituals, dances, music and art forms reflecting the rich heritage of by 'KALASHA PUJA different community especially 1st petitioner and other petitioners as TALARI / NAYAKA in performing a PALANQUIN PROCESSION FESTIVAL of Shankareshwara Swamy Temple and Grama Devatha Temple Agali Village, Sri Satya district without issuing any notice or without following due process of law is illegal, arbitrary and violative of Article 14, 16 and 21 of the constitution of India and against the provisions of Endowment Act 30/1987 and against the Principals of natural justice and consequently direct the Respondents not to interfere with the petitioners in performing Pallaki festivals (PALANQUIN PROCESSION FESTIVAL), Processions, Navarathri festivals, and Specific Community Traditions such as unique rituals, dances, reflecting the rich heritage especially by the PUJA and other petitioners music and art forms 1st petitioner by KALASHA TALARI / NAYAKA in performing a as 3 PALANQUIN PROCESSION FESTIVAL of Shankareshwara Swamy Temple and Grama Devatha Temple of Agali Village and Mandal, Sri Satya district and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case and in the interest of the justice, 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 the petitioners in performing Pallaki festivals (PALANQUIN PROCESSION FESTIVAL), Processions, Navarathri festivals, and Specific Community Traditions such as unique rituals, dances, music and art forms reflecting the rich heritage of different community especially 1st petitioner by “KALASHA PUJA” and other petitioners as TALARI / NAYAKA in performing a “PALANQUIN PROCESSION FESTIVAL” of Shankareshwara Swamy Temple and Grama Devatha Temple to to be held in the month of September-October 2025 of Agali Village and Mandal, Sri Satya district and pass Counsel for the Petitioner(S): 1.MCHINNAPA REDDY Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS The Court made the following: ORDER: Heard Sri M. Chinnapa Reddy, learned counsel for the petitioners and the learned Assistant Government Pleader for Endowments appearing for the respondents. The Writ Petition is filed seeking a direction to the respondent 2. Nos.3 to 5 not to interfere with or cause any hindrance in conducting of the day to day rituals, sevas, poojas and festivals to the deity, Sri Sankeswara Swamy Temple, Agali Village. 3. It is contended that the petitioner’s father was the ‘Dharma Kartha’ of the Temple, after his demise, the 1 petitioner has been acting as Dharma Kartha’ of the Temple. However, the respondents instance of the unofficial respondents have been interfering with the day to day conducting of the rituals of the Temple. Thus filed the instant Writ at the Petition. 4., When the matter is taken up for consideration today, the learned Assistant Government Pleader for Endowments appearing for the respondents has placed before the Court a copy of instructions received by her in the case. A perusal of the same would reflect that the subject Temple is not under the administrative control of the Endowments Department, the same and is under the administrative control of Archakas of the Temple and the villagers. 5. Having regard to the same, the relief sought by the petitioner would not merit consideration therefore, this Court is not inclined to issue any directions to the respondents. 6. Learned counsel for the petitioners sought liberty to approach the Police Department seeking necessary assistance for deployment of 5 Police personnel to ensure law and order during the festival/celebrations that are scheduled to be conducted this month. 7. Accordingly, the Writ Petition is disposed of granting liberty to the petitioner as sought. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- K.J. RAJA BABU assistant registrar //TRUE COPY// // ^ SECTION OFFICER To. 1. The Principal Secretary, Endowment Department, State of Andhra Pradesh, Secretariat, Velagapudi Guntur District. 2. The Commissioner of Endowment, One Center, Restaurant, Gollapudi, Vijayawada- 521 225. 3. The Assistant Commissioner of Endowment, Near Police Control Room, Governor Peta, Vijayawada-520001. 4. District Endowment Officer, Endowment Department, District, Puttaparthi. 5. The Executive Officer, Endowment Department, Madakasira Group of Temples, Madakasira, Satya Sai District. 6. One CC to Sri M. Chinnapa Reddy, Advocate [OPUC] 7. Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] 8. One CC to Sri T. Venu Gopal, SC for Endowments (OPUC) 9. Two CD Copies Opp to S Grand Satya Sai Cnr HIGH COURT DATED:11/09/2025 ORDER WP NO. 24013 OF 2025 ^1= ANO^ ^ 15 SEP 2(l» ^ ^ . Current trection . mi DISPOSING OF THE W.P. WITHOUT COSTS