CHITTIBOTLA BHARADWAJA SHARMA, KURNOOL DIST & ANR v. PRL SECY, REVENUE(ENDOWMENT) DEPT, HYDERABAD & 2 OTHERS
WP/41878/2015 · 2025-01-02
K Manmadha Rao
body2025
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[ 2025 DAILYLAW 50008 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50008 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
♦ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 41878 OF 2015 Between:
1. Chittibotia Bharadwaja Sharma, S/o. C. Eswara Sharma, aged about 53 years, Occ: Ayurvedic Doctor, Reg.No.19283, Hindu, Trustee of the Sri Bhramaramba Mallikarjuna Swamy Devasthanam, Srisailam, R/o. B. Koduru (Post), Bandi Atmakur (Mandal) Kurnool District. 2. Patti Venganna, (Retd. Lecturer), Trustee of the Sri Bhramaramba Mallikarjuna Swamy Devasthanam, Srisailam, aged about 65 years, S/o. Pichanna, H.No.1-203-A- 25-D9 Markapuram, Prakasam District, PIN: 523 316 Ramakrishna Colony ...PETITIONERS AND
1. The State of Andhra Pradesh, Principal Secretary, Revenue (Endowment) Department, Secretariat, Hyderabad. 2. The Commissioner of Endowments, Andhra Pradesh State, Boggulakunta, Tilak Road, Abids., Hyderabad. 3. Sri Bhramaraina Mallikarjuna Swamy Devasthanam, Rep. by its Executive Officer. Srisailam, Kurnool District. ...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 1 respondent herein in not allowing the petitioners and the other Trust Board members of Sri Bhramarama Mallikarjuna Swamy Devasthanam, Srisailam, St
4 € Kurnool District, as unconstitutional, arbitrary and illegal, consequently directing the respondents to continue and allow the petitioner and other Trust Board members appointed by the 1st respondent by G.O.Rt.No.211, dt. 17.02.2014, to function and discharge their duties as per law, upto 24.09.2016, by including the period of 7 months 6 days which the petitioners were deprived of unconstitutionally. I.A. NO: 1 OF 2015(WPMP. NO: 54009 OF 2015) 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 to continue the Trust Board members appointed by G.O.Rt.No.211, dt.17.02.2014 of the 3'^ respondent till 24.09.2016, pending disposal of the above writ petition. Counsel for the Petitioner: SR!
A. HANUMANTHA REDDY Counsel for the Respondent Nos.1 & 2: GP FOR ENDOWMENTS Counsel for the Respondent No.3: SRI G. RAMANA RAO(SC FOR ENDOWMENTS) The Court made the following: ORDER
>- 1 APHC010399022015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] r.i FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 41878/2015 Between; Chittibotia Bharadwaja Sharma, Kurnool Dist & Anr AND PrI Secy Revenueendowment Dept Hyderabad 2 Others ...RESPONDENT( S) and Others Counsel for the Petitioner{S):
1.A HANUMANTHA REDQY Counsel for the Respondent(S):
1.G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMAREGION) 2.GP FOR ENDOWMENTS (AP) 3.A SREEKANTH REDDY(SC FOR ENDOW RS) The Court made the following; ...PETITIONER(S)
ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief;
“ declaring the action otWe f‘ respondent herein in not allowing the petitioners and the other Trust Board members of Sri Bhramarama
‘ 2 Mallikarjuna Swamy Devasthanam, Srisailam, Kurnool District, as unconstitutional, arbitrary and illegal, consequently directing the respondents to continue and allow the petitioner and other Trust Board members appointed by the respondent by G.O.Rt.No.211, dt. 17.02.2014, to function and discharge their duties as per law, upto 24.09.2016, by including the period of 7 months 6 days which the petitioners were deprived of unconstitutionally and pass such other order or orders ”
2. None appeared for the petitioners. Heard learned Assistant Government Pleader for appearing for the respondents 1 and 2 and Mr.G.Ramana Rao Standing Counsel, appearing for the S'"* respondent. 3. Endowments, learned
4. The 1 and 3 respondents have filed their separate counters. While denying the contents of the writ petition, they stated that some other trustees of the 3'^ respondent Devasthanam, filed W.P.No.4591 of 2016 requesting to extend their tenure as Trustees from 18.02.2016 to 28.11.2016, wherein the Composite High Court has directed the respondents to consider and dispose of the representation of the petitioners therein for extension of their term as a compensatory measure equal to the period for which they were not permitted to act as the Trust Board Members and till such disposal, the petitioners permitted to continued as the Members of the Trust Board of respondents, view of the order passed in W.P.No.4591 of 2016, the respondents have examined the request of Dr.Subhangi Rajput and Seetha Venkata Subbaiah and the said request was rejected and accordingly, the 28.10.2015 was disposed of. were In representation dated
3 Further stated that due to the transfer of the staff from one temple to another temple, the office could not fix up any particular employee as in charge of the Legal Section. The petitioners cannot claim the relief which was not granted in the earlier writ petition through this writ petition. In fact, the period of lease has already been expired and now after a lapse of six years, no relief can be granted in favour of the petitioners. Perused the material available on record. 5. 6.
On hearing the submissions of learned counsel for the respondents, it appears that the lease period has already been ended by the year 2016 itself and thereafter, new Trust Board Members were appointed and they are continuing and discharging their duties as such. Therefore, nothing survives in this writ petition for further adjudication. Accordingly, the Writ Petition is closed. No order as to costs
7. As a sequel, interlocutory applications, if any pending, shall stands
8. closed. Sd/- U.SRI DEVI assistant registrar sectionWfficer //TRUE COPY// To, 1 One CC to Sri A. Hanumantha Reddy, Advocate [OPUC]
2. One CC to Sri G. Ramana Rao, SC for Endowments [OPUC] GP for Endowments, High Court of Andhra Pradesh. [OUT]
3. Two CCs to
4. Three CD Copies. ssb
HIGH COURT DATED:03/01/2025
ORDER WP.No.41878 of 2015 CLOSING THE W.P. WITHOUT COSTS