SADHU DEVALAYAM v. KORADA VENKATA SWAMY NAIDU @ NAIDU BABU
WA/941/2025 · 2025-11-24
Challa Gunaranjan, Dhiraj Singh Thakur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52167 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52167 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010360382025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Writ Appeal No: 941 of 2025 along with Writ Appeal No.942 of 2025 Bench Sr.Nos:- 23 & 24 [3552] Writ Appeal No: 941 of 2025 Sadhu Devalayam
...Appellant Vs. Korada Venkata Swamy Naidu @ Naidu Babu and others ...Respondents ********** Advocate for Appellant: Mr. G. Rawns Solomon appearing vice Mr. Chintapalli Srinivas Advocates for Respondents: Mr. C.V.S.S. Sarma appearing vice Mr. P. Rajkumar, GP for Endowments
CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 25th November, 2025.
P C :
The present Writ Appeal Nos.941 and 942 of 2025, have been preferred by the Executive Officer of Sri Sadhu Devalayam (Sadhu Matham) against the common judgment and order, dated 20.04.2023, passed in W.P.Nos.2779 and 9054 of 2023, respectively.
2. Two writ petitions came to be filed before the learned Single Judge. W.P.No.9054 of 2023 has been filed challenging the proceedings of the Assistant Commissioner of Endowments, issued under Section 43 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, “the Act”), granting registration to the religious institution, and W.P.No.2779 of 2023 was filed seeking a writ of Mandamus with a view to prevent the interference of respondent No.3 in the said petition, i.e. the
2 HCJ & CGRJ WA_941 & 942_2025
Assistant Commissioner of Endowments, in the day to day affairs of the management of the petitioners’ institution.
3. The aforementioned petitions came to be disposed of by virtue of the common judgment and order, dated 20.04.2023, with a liberty to the petitioners to approach the Endowments Tribunal seeking appropriate relief to challenge the registration of the said institution under Section 43 of the Act.
The learned Single Judge further ordered that, till such time as the Tribunal passed appropriate orders, the petitioners were permitted to use the hundi offerings for maintenance of the said institution.
4.
Learned counsel for the appellant-Executive Officer states that although the Writ Petitions were disposed of with a liberty to the petitioners in the said Writ Petitions to approach the Tribunal for throwing a challenge to the registration of the institution, yet, since no time limit was fixed, by virtue of the
order impugned, the said petitioners were continuing to operate the hundi offerings, notwithstanding the fact that appellant had since been appointed as the Executive Officer of the said religious institution.
5. It is also stated that there is no Trust Board constituted, which is otherwise required to be done in terms of the powers vested in the Deputy Commissioner as per Section 15(2) of the Act.
6. On a perusal of the said provision, it can be seen that the Board is to consist of seven members and the powers are vested in the Deputy
3 HCJ & CGRJ WA_941 & 942_2025
Commissioner, inasmuch as the income of the aforesaid religious institution is stated to be less than Rupees Two Lakhs per annum.
7. We, therefore, direct the Deputy Commissioner of Endowments, Visakhapatnam, to pass appropriate order in exercise of powers vested under Section 15(2) of the Act and complete the process positively within a period of three (03) months from today. Insofar as the issue with regard to managing the hundi offerings is concerned, now since the Executive Officer is in place, the same will be managed and dealt with by the appellant–Executive Officer, who shall maintain proper accounts, which shall subsequently be placed before the Trust Board, after the same is constituted, by virtue of orders of the Deputy Commissioner of Endowments, Visakhapatnam.
8. Be that as it may, the judgment and order impugned shall stand modified to the aforementioned extent. The Writ Appeals are, accordingly,
disposed of.
No costs. Pending miscellaneous applications, if any, in these cases, shall stand closed.
DHIRAJ SINGH THAKUR, CJ.
CHALLA GUNARANJAN, J. SSN