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2025 DAILYLAW 43743 (AP)

KOMERNENI SUBBA RAO v. THE STATE OF ANDHRA PRADESH

WP/9129/2025 · 2025-04-04

Kiranmayee Mandava

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) SATURDAY, THE FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE WRIT PETITIONtSR) NoMSIT.^^ nf 907^ AMARAVATl BETWEEN: Komerneni Subba Rao S/o Venkaiah, Aged about 68 Cultivation, R/o.Narasayapalem Village, Bapatia Mandal, Bapatia District A.P. years, Occ; ....Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue (Endowments Department), Buildings, Velagapudi, Amaravathi. 2. The Commissioner of Endowments, Endowments Andhra Pradesh, GoHapudi, Vijayawada. 3. The Deputy Commissioner. Endowments A.P. 4. The District Endowments Officer, Bapatia, Bapatia District, 5. Sree Seetha Rama Swamy Temple, Narasayapalem Village, Bapatia Mandal. Bapatia District, Andhra Pradesh. Rep by its Executive Officer. 6. The Inspector, Endowments, Repalle, Bapatia District. A.P. 7. The Sub-Inspector of Police, Bapatia Rural District, A.P. Secretariat Department, Department, Guntur, A.P. P.S, Bapatia 8. Nerelia Nagendra Rao, S/o.Hanumanta Rao, Aged about 67 Years, R/o. B2, Sambasiva Quazil, Panduranga Street, Near Mahalakshmi Chettu, Bapatia, Bapatia District, A.P. 9. Nerelia Venkata Rao, S/o.Venkateswarlu, Aged about 65 Years, R/o.Pedanandipadu, Guntur District, A.P. Nerelia Venkaiah Gupta, S/o.Prakasa Rao, Aged about 58 Years, R/o.H.No.145, Mahatma Gandhi Housing Colony, Gandhi Nagar, Chirala, Bapatia District, A.P Nerelia Sobhan Babu, S/o.Gnana Deva Gupta, Aged 55 Years, R/o.H.No.145, Eluru Bazar Near Lalapet A.P. 10 '/ ■ & A- 11. Guntur, ...Respondents Petition under Article 226 of the Constitution of that in the circumstances stated India is filed praying in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring that the action of the 4 Respondent herein in not permitting the Petitioner from participating in the Petitioner’s Customary Practice of Thalambralu one th & Kalyanosthavam Ceremony’ and other ceremonies, scheduled to be conducted 06.04.2025 on the occasion of 'Sri Rama Navami’ in the S'" Respondent Sree Seetha Rama Swamy Temple’, Narasayapalem, Bapatia District, A.P, without considering dt.26.03.2025 as wholly illegal, arbitrary, without jurisdiction principles of Natural Justice on Bapatia the Petitioner’s Representation contrary to provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments besides being violative of the Act, 1987, petitioner’s rights guaranteed under Articles 14, 21 of the Constitution of India and consequently direct the to participate and other ceremonies, respondent authorities herein to allow the Petitioner herein in Thalambralu & Kalyanosthavam Ceremony scheduled to be conducted on 06.04.2025 on the occasion of ‘Sri Rama Navami’ festival in the Respondent ‘Sree Seetha Rama Swamy Temple’, Narasayapalem. Bapatia, Bapatia District lA NO: 1 OF 2()7fi A.P. Petition under Section 151 circumstances stated in the affidavit filed i CPC is filed praying that in the - in support of the petition, the High Court may be pleased to direct the respondents herein to permit the Petitioner herein to participate in Thalambralu & Kalyanosthavam Ceremony’ and other ceremonies, scheduled to be conducted on 06.04.2025 on the Respondent 'Sree Seetha Rama Swamy Temple', Narasayapalem, Bapatia, Bapatia District, A.P., along with Respondent No’s.7 to 10 herein. occasion of ‘Sri Rama Navami’ festival in the 5*^ Counsel for the Petitioner: M/s CKR ASSOCIATES Counsel for the Respondent No’s. 1 to 4 & 6: GP FOR ENDOWMENTS Counsel for the Respondent No.5: SRI K KOTESWARA RAO SC FOR ENDOWMENTS Counsel for the Respondent No.7: GP FOR HOME Counsel for the Respondent No’s. 8 to 11: The Court made the following ORDER: 1 WRIT PETITION(SR). NO:13173/2025 ORDER: {Per Hon’ble Smt Justice Kiranmayee Mandava) The Writ Petition is taken up today under "House Motion” being moved through the Registrar (Judicial). 2. Heard Sri S.V.S.S. Siva Ram, learned counsel for the petitioner and learned Government Pleader for Endowments and Sri Kappera Koteswara Rao, Standing Counsel for Endowments appearing for the respondents. Challenging the action of the respondent in not permitting the petitioner from participating in the customary practice of Thalambralu and Kalyanothsavam Ceremony’, scheduled to be conducted on 06.04.2025 on the occasion of ‘Sri Rama Navami’ in the respondent’s ‘Sree Seetha Rama Swamy Temple’, Narasayapalem, Bapatia, Bapatia District, the present Writ 3. Petition has been filed. It is contended by the petitioner that the he along with the unofficial 4. respondents 8 to 11 have been participating in the ‘Thalambralu and Kalyanothsavam Ceremony’ every year on the eve of Sree Rama Navami festival in the subject temple. But surprisingly this year, an objection was raised by the unofficial respondent 8 to 11, against the petitioner thus the 4‘^ respondent is 2 proposing to conduct the kalayanamahotsavam without the participation of the petitioner and the unofficial respondents, which is scheduled for tomorrow. 5. The learned counsel for the petitioner refers the Executive Officer- the 5'^ to the proceedings of respondent herein which is addressed to the respondent informing him, that he has enquired in the village and noted that there was in fact such a practice prevalent in the past, that both the petitioner participating the Kalyanothsavam, an objection this yedr against the proposed to proceed participation of both the petitioner and unofficial respondent. Thus, it is stated that the unofficial respondents have approached the Tribunal seeking injunction against the official respondents that they shall not to interfere with their and the unofficial respondents have been since the unofficial respondents have raised participation of the petitioners, the Temple authorities have with the rituals for conducting Kalayanothsavam without customary practice of participation in the Kalyanothsavam. The Tribunal unofficial respondents, vide order dated 01.04.2025 order: on the said application of the has passed the following The petitioners are stating that they are aiso from Nerella Famiiy. Even the officials of the temple object to the petitioners to perform the said rituals, and the petitioners may have knocked the doors of tribunal out of fear only. However, as the festival is fast approaching, the request of the petitioners is considered and the EO of the concerned temple Is directed to ailow the famiiy may not 3 members of the Nerella family, as mentioned in Section 43 of the Register. ” 6. The petitioner apprehends that in view of the order passed by the Endowments Tribunal, the respondents may not permit the petitioner to participate in the ceremony. Considered the rival submissions. 7. 8. The main relief sought by the petitioner is for a direction to recognize the petitioner’s customary practice of participation in Thalambralu and Kalyanothsavam Ceremony’ on the eve of 'Sree Rama Navami Festival being performed at the respondent temple. Having regard to the provisions of the Sec. 87 (e) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, the petitioner is granted liberty to approach the Tribunal in seeking appropriate directions for recognition of their alleged customary practice of participation in Thalambralu and Kalyanothsavam Ceremony’ on the eve of Sree Rama Navami Festival. However, for now the respondents are directed to permit the petitioners to participate in the upcoming Thalambralu and Kalyanothsavam Ceremony’ which is going to be held tomorrow (/.e., 06.04.2025) along with unofficial respondents 8 to 11. I 9. The learned Government Pleader for Endowments argues that, as per the Register maintained under Sec.43 of the Act, it recognizes only the right of the unofficial respondents to participate in the Kalyanaotsva Mahotsavam, and 4 the said register also recognizes the right of the petitioners to participate in the post the Kalyanothsavam. Officer may be permitted to make seating arrangements in the said order, for the Kalayanothsavam. rituals that would be conducted for 16 days Therefore, he submits that the Executive 10. The Executive Officer of the temple is, directed to make seating arrangements accordingly, enabling the petitioners to participate along unofficial respondents 8 to 11. The 7th respondent is also directed to see that the festival is conducted smoothly and that no law and order issues arise. with 11. It is made clear that the observation made herein above are only for the purpose of the present petition, the same will not come in the way of the Tribunal while passing of the orders, on the applications, if any filed by the petitioners herein. 12. With the above directions, the Writ Petition is disposed of. No costs. As a sequel, interlocutory applications pending, if any, shall stand closed. y COURT OFFIC I //TRUE COPY// To, 1. The Principal Secretary, Revenue State of Andhra Pradesh Amaravathi. 2. The Commissioner of Endowments Andhra Pradesh, Gollapudi, Vijayawada. (Endowments Department) Secretariat Buildings, Velagapudi, Endowments Department 3. The Deputy Commissioner, Endowments Department, Guntur A.P. 4. The District Endowments Officer, Bapatia, Bapatia District, A.P. 5. The Executive Officer, Sree Seetha Rama Swamy Temple, Narasayapalem Village, Bapatia Mandal, Bapatia District, Andhra Pradesh. 6. The Inspector, Endowments, Repalle, Bapatia District, A.P. 7. The Sub-Inspector of Police, Bapatia Rural P.S, Bapatia District, A.P. CC to M/s CKR Associates, Advocate [OPUC] 9. One CC to Sri K.Koteswara Rao, SC for Endowments [OPUC] Two CCs to GP for Endowments, High Court of Andhra Pradesh. 10. [OUT] 11. Two CCs to GP for Home, High Court of Andhra Pradesh, [OUT] Three CD Copies 12. PRK HIGH COURT PRK DATE 0:05/04/2025 ORDER WP(SR).No.13173 of 2025 ^ANDH^ 0" g 0 5 APR 2025 . Current Section DISPOSING OF THE W.P. WITHOUT COSTS