'•C /'f^ '5- c/^ APHC010351482025 -.z iv; IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) w V- V>noq^ o WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 18012 OF 2025 Between: Duggireddy Chandra Sekhar, S/o Duggirreddy Papi Reddy, Aged about 35 years, Devasthanam, Kadapa, Andhra Pradesh. Founder Member of Diguva Mallem Kondeswara Swamy Vari R/01/5-A, BramhanpalliPanchayathi, Gopavaram Mandal, ...PETITIONER AND The State of Andhra Pradesh, rep by its Principal Secretary, Revenue (Endowments) Department, Secretariat, at Velagapudi, Amaravathi, Guntur District. The Commissioner, Endowments Department, Gollapudi, Vijayawada, NTR ( Old Krishna) District. The Assistant Commissioner, Endowments Department, Kadapa District. 1. 2. 3. ...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 or order or direction, more particularly one in the nature of a writ of mandamus declaring the action of the 3''* respondent in including the Diguva Mallem Kondeswara Swamy Vari Devasthanam into the without following the procedure laid down Endowment Department G.O.Ms.No.298 Revenue (Endowment) Department dated 07.07.2023 and the catena of decisions laid down by the Apex court and this Hon'ble court in W.P.No.21805 of 2021 is arbitrary, capricious and contrary to the principles of violation of Article 25 of the constitution of India, natural justice and consequently direct the respondents to exempt the Diguva Mallem Kondeswara Swamy Vari Devasthanam from the Endowment Department following the procedure laid down in the G.O.Ms.No.298 dated 07.07.2023, in the interest of 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 petition, the High Court may be pleased to direct the 3'^^ respondent to consider the representation given by the petitioner dated 05.06.2025, in the interest of justice. Counsel for the Petitioner: SRI P. MALLIKHARJUNA RAO Counsel for the Respondent Nos.1 to 3: GP FOR ENDOWMENTS The Court made the following order: "<■1 APHC010351482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Speci3l Original Jurisdiction) [3458] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 18012/2025 Between: 1.DUGGIREDDY CHANDRA SEKHAR, S/0 DUGGIRREDDY PAPI REDDY, AGED ABOUT 35 YEARS, FOUNDER MEMBER OF DIGUVA MALLEM KONDESWARA SWAMY VARI DEVASTHANAM, R/01/5-A, BRAMHANPALLIPANCHAYATHI, GOPAVARAM MANDAL, KADAPA, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, SECRETARIAT, AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, NTR ( OLD KRISHNA) DISTRICT. 3.THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, KADAPA DISTRICT. ...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 or order or direction, more particularly one in the nature of a writ of mandamus declaring the action of the 3rd respondent in including the DiguvaMallemKondeswara Swamy Vari Devasthanam into the Endowment Department G.O.Ms.No.298 Revenue (Endowment) Department dated 07.07.2023 and without following the procedure laid down 2 the catena of decisions laid down by the Apex court and this Hon ble court in W.P.No.21805 of 2021 is arbitrary, capricious and contrary to the principles of violation of Article 25 of the constitution of India, respondents to exempt DiguvaMallemKondeswara Swamy Vari Devasthanam from the Endowment Department following the procedure laid down in the G.O.Ms.No.298 dated 07.07.2023, in the interest of 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 petition, the High Court may be pleased pleased to direct the 3rd respondent to consider the representation given by the petitioner dated 05.06.2025, in the interest of justice. Counsel for the Petitioner: 1.P MALLIKHARJUNA RAO Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS The Court made the following: ORDER: natural justice and consequently direct the the Heard Sri P.Mallikarjuna Rao, learned counsel for the petitioner and Sri G.Naga Bhushanam, learned Assistant Government Pleader for Endowments appearing for the 1®^ to 3^^ respondents. 2. Challenging the action of the 3^'^ respondent in including the subject temple in the list of Endowments, without following the due procedure under law, the instant writ petition is filed. It is contended that the petitioner being an ardent devotee of Lord Siva constructed Diguva Mallem Kondeswara Swamyvari Devasthanam with his own funds in 2010. For performing archakatvam and maintenance of the 3. 3 temple, he employed an Archaka, a Watchman and a Sweeper, with his own funds. During the auspicious days of the year such as Mahashivaratri and Month of Karthikam, a good number of devotees attend the temple for worshiping Lord Shiva. It is contended that on 24.02.2025, the 3'"^ respondent inspected the temple and had taken away the money from the Hundi, after informing the staff of the temple that the temple has been included in the list of endowments of the Endowments Department. And that henceforth the temple would be under the administrative control of the Endowments Department. Since the said date, the staff of the temple are not being paid any salaries. The learned counsel for the petitioner placing reliance on G.O Ms.No.298 dated 06.07.2023, argues that the Government has granted exemption, to all such of those temples whose income is below Rs.5 lakhs, from the applicability of the provisions of the Andhra Pradesh Charitable And Hindu Religious Institutions And Endowments Act, 1987 (Act.30/1987). The learned counsel places reliance on the decision of this Court in W.P.No.21805 of 2021, wherein it is observed as follows; 4. “18. Accordingly, this Writ Petition is disposed of with a direction to the State government to consider the grant of exemption to temples having an annual income of less than Rs.5 lakhs from the provisions of the Act including the requirement to pay the mandatory contributions mentioned above, in the light of the directions of the Hon''ble Supreme court in Sri DM Kodandarama Sarma and others vs. State of Andhra Pradesh and othersS. This exercise shall be conducted within a period of four months from the date of receipt of this order.” 4 5. In view of the above the learned counsel contends that the I income of the temple being less than Rs.5 Lakhs, a representation was made to the respondents on 05.06.2025, to exempt the subject temple from the list of endowments. However, no orders have been passed on the said representation. Thus, approached this Court by way of instant writ petition. 6. In view of the above and having regard to the contentions advanced, this Court deems it appropriate to dispose of the writ petition with a direction to the 3''^ respondent to pass appropriate orders on the representation of the petitioner dated 05.06.2025. 7. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. Sd/- N NAGAWIWIA assistant registrar // //TRUE COPY// SECTION OFFICER To, Principal Secretary, Revenue (Endowments) Department, State of Secretariat, at Velagapudi, Amaravathi, Guntur 1. The Andhra Pradesh, District. 2. The Commissioner, Endowments Department, Gollapudi, Vijayawada, NTR ( Old Krishna) District. 3 The Assistant Commissioner Endowments Department, Kadapa District. 4. One CC to Sri P. Mallikharjuna Rao, Advocate [OPUC] for Endowments, High Court of Andhra Pradesh 5. Two CCs to GP [OUT] 6. Two CD Copies. ssb .aSJ^ HIGH COURT DATED: 17/09/2025 ORDER WP No. 18012 OF 2025 m( 31 OCT 2C:5 y® ★VCurrent bection DISPOSING OF THE W.P. WITHOUT COSTS