APHC01t)063932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 0 TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOS: 3508 OF 2025 AND 9280 OF 2024 WRIT PETITION NOS: 3508 OF 2025 Between: Sunkara Demudu, S/o. Dara Paydaiah, aged about 40 years, R/o. Appannadorapalem Village, Kothavalasa Mandal, Vizianagaram District.. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by Principal Secretary, Department of Revenue and Endowments, Secretariat of AP, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner Endowments, Gollapudi, Vijayawada. 3. The Deputy Commissioner Endowments, Vizianagaram District. 4. Sri G Srinivasa Rao Executive Officer, Dara Pydithalli Ammavaru Temple, Appanna Dorapalem Village, Kothavalasa Mandal, Vizianagaram District 5. Sri Dara Pydithalli Ammavari Temple, Rep.by its Executive Officer, Appannadorapalem Village, Kothavalasa Mandal, Vizianagaram 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 to issue an appropriate writ or direction more particularly one in the nature of Writ of* Mandamus by declaring the Proceedings of the respondents No.2 Rc.No.E2/15021/355/2024. Dt. 19-01-2025 appointed the respondent No.4 Executive Officer Sri Dara Pydithalli Ammavari Temple, Appannadorapalem Village, Kothavalasa Mandal, Vizianagaram District, as illegal, arbitrary and unconstitutional and also violation of Articles 14,25 and 300-A of the constitution of India and against to the norms of public policy and principles of natural justice and consequently direct the respondent No.4 to hand over the management of temple affairs to the villagers. 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 suspend the operative portion of Proceedings of the respondents No.2 Rc.No.E2/15021/355/2024 Dt. 19-01-2025 appointed the respondent No.4as Executive Officer Sri Dara Pydithalli Ammavari Temple, Appannadorapalem Village, Kothavalasa Mandal Vizianagaram District, situate No.289/1 &2 pending disposal of the writ petition. lA NO: 2 OF 2025 Sri G Srinivasa Rao Executive Officer, Dara Pydithalli Ammavaru Temple, Appanna Dorapalem Village Vizianagaram District as in Survey Kothavalasa Mandal, ...Petitioner/Respondent No. 4 AND 1. Sunkara Demudu, S/o. Dara Paydaiah, aged about 40 Appannadorapalem Village, Kothavalasa Mandal, Vizianagaram District. years, R/o. ...Respondent /Writ Petitioner 2. The State of Andhra Pradesh, rep. by Principal Secretary, Department of Revenue and Endowments, Secretariat of AP, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner Endowments, Gollapudi, Vijayawada. 4. The Deputy Commissioner Endowments, Vizianagaram District. 5. Sri Dara Pydithalli Ammavari Temple, Rep.by its Executive Officer, Appannadorapalem Village, District Kothavalasa Mandal, Vizianagaram ...Respondents/Respondents 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 vacate the interim orders passed in lA.No. 1 of 2025 in W.P.No.3508 of 2025 dated 18-03-2025 and order dismiss the main writ petition as devoid of merits. lA NO: 3 OF 2025 The Commissioner Endowments, Gollapudi, Vijayawada. ...Petitioner/Respondent AND 1. Sunkara Demudu, S/o. Dara Paydaiah, aged about 40 years, R/o. Appannadorapalem Village, Kothavalasa Mandal, Vizianagaram District. ...Respondent / Petitioner 2. The State of Andhra Pradesh, rep. by Principal Secretary, Department of Revenue and Endowments, Secretariat of AP, Velagapudi, Amaravathi, Guntur District. 3. The Deputy Commissioner Endowments, Vizianagaram District. 4. Sri G Srinivasa Rao Executive Officer, Dara Pydithalli Ammavaru Temple, Appanna Dorapalem Village, Kothavaiasa Mandal, Vizianagaram District 5. Sri Dara Pydithalli Ammavari Temple, Rep.by its Executive Officer, Appannadorapalem Village, District Kothavalasa Mandal, Vizianagaram ...Respondents/Respondents 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 leased to vacate the interim orders dated 12.02.2025 W.P.No.3508 of 2025 and dismiss the writ petition and pass passed in Counsel for the Petitioner: SRI P GOPALA KRISHNA Counsel for the Respondent Nos. 1 to 3: GP FOR ENDOWMENTS Counsel for the Respondent No.4: SRI NAGARAJU NAGURU Counsel for the Respondent No. 5: SRI CHINTAPALLI SRINIVAS APHC010180382024 WRIT PETITION NO: 9280 OF 2024 Between: Sunkara Demudu, S/o S. Dara Paydaiah, aged about; 40 years, R/o. Appanna Dorapalem Village, District Kothavalasa Mandal, Vizianagaram ...Petitioner AND 1. The State of Andhra Pradesh, rep. by Principal Secretary, Department of Revenue and Endowments, Secretariat of AP, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner Endowments, Gollapudi, Vijayawada. 3. The Deputy Commissioner, Department of Endowments Visakhapatnam. The Assistant Commissioner, Department of Endowments Vizianagaram. K Nagendra, Trusty of the Dara Pydithalli Ammavaru Temple, Appanna Dorapalem Village, Kothavalasa Mandal, Vizianagaram District Sri Dara Pydithalli Ammavaru Temple, representing by its executive officer, Appannadorapalem Village, Kothavalasa Mandal, Vizianagaram District. (R6 is impleaded as per the Court Order dt 26.04.2024 vide orders passed in I.A.No. 02 of 2024) 4. 5. 6. ...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 an appropriate writ or direction more particularly one In the nature of Writ of Mandamus by declaring the Proceedings of the respondents No.3 A2/ENDDCO-VZM/14/2024-SA(SA1)DCED VSP dated 28-02-2024 by appointing the respondent No.5 as trustee of Sri Dara Pydamma Ammavari temple Appannadorapalem Village, Kothavalasa Mandal, Vizianagaram District, as illegal, arbitrary and unconstitutional and also violation of Articles 14,25 and 300-A of the constitution of India and against to the norms of public policy and principles of natural justice and consequently direct the respondent No.5 to hand over the management of temple affairs to the villagers . lA NO: 1 OF 2024 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 suspend the operative portion of Proceedings of the respondents No.3 A2/ENDDCO-VZM/14/2024-SA(SA1 )DCED appointing the respondent No.5 as trustee of Sri Dara Pydamma Ammavari VSP dated 28-02-2024 by temple Appannadorapalem Village, Kothavalasa Mandal, Vizianagaram District situate in Survey No.289/1 and 2 pending disposal of the writ petition. lA NO: 1 OF 2025 The Deputy Commissioner, Department of Endowments Visakhapatnam. ...Petitioner/ 3'"^ Respondent AND 1. Sunkara Demudu, S/o S. Dara Paydaiah, aged about: 40 years, R/o. Appanna Dorapalem Village, Kothavalasa Mandal, Vizianagaram District ... Respondent/Petitioner 2. The State of Andhra Pradesh, rep. by Principal Secretary, Department of Revenue and Endowments, Secretariat of AP, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner Endowments, Gollapudi, Vijayawada. 4. The Vizianagaram. 5. K Nagendra, Trusty of the Dara Pydithalli Ammavaru Temple, Appanna Dorapalem Village, Kothavalasa Mandal, Vizianagaram District 6. Sri Dara Pydithalli Ammavaru Temple, representing by its executive officer, Appannadorapalem Village, Kothavalasa Mandal, Vizianagaram District. (R6 is impleaded as per the Court Order dt 26.04.2024 vide orders passed in I.A.No. 02 of 2024) Assistant Commissioner, Department of Endowments ...Respondents 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 vacate the interim suspension order, Dt. 29.04.2024 passed in I.A.No. 1 of 2024 in W.P.No.9280 of 2024 and dismiss the writ petition in the interest of Justice. Counsel for the Petitioner: SRI P GOPALA KRISHNA Counsel for the Respondent No. 1: GP FOR REVENUE Counsel for the Respondent Nos. 2 to 4:GP FOR ENDOWMENTS Counsel for the Respondent No. 6: SRI T V S KUMAR The Court made the following Common order: 1 APHC010063932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3508/2025 Between: 1.SUNKARA DEMUDU, S/O.DARA PAYDAIAH HINDU, AGED ABOUT 40 YEARS, R/O.APPANNADORAPALEM VILLAGE, KOTHAVALASA MANDAL, VIZIANAGARAM DISTRICT.. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE AND ENDOWMENTS, SECRETARIAT OF AP, VELAGAPUDI, AMARAVATHI, DISTRICT. GUNTUR 2.THE COMMISSIONER ENDOWMENTS, GOLLAPUDI, VIJAYAWADA. 3.THE DEPUTY COMMISSIONER ENDOWMENTS, VIZIANAGARAM DISTRICT. 4.SRI G SRINIVASA RAO EXECUTIVE OFFICER, DARA PYDITHALLI DORAPALEM AMMAVARU VILLAGE,KOTHAVALASA MANDAL, VIZIANAGARAM DISTRICT APPANNA TEMPLE, 5. SRI DARA PYDITHALLI AMMAVARI TEMPLE. REP.BY ITS APPANNADORAPALEM VILLAGE, EXECUTIVE OFFICER, KOTHAVALASA MANDAL, VIZIANAGARAM 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 tomay be pleased to issue an appropriate writ or direction more 2 particularly one in the nature of Writ of Mandamus by declaring the Proceedings of the respondents No.2 Rc.No.E2/15021/355/2024. Dt 19-01- 2025 appointed the respondent No.4 as Executive Officer Sri Dara Pydithalii Ammavan Temple, Appannadorapalem Village, Kothavalasa Mandal, izianagaram District, as illegal, arbitrary and unconstitutional and also violation of Articles 14,25 and 300-A of the constitution of India and against to the norms of public policy and principles of natural justice and consequently direc the respondent No.4 to hand over the management of temple affairs to the villagers and pass such lA NO: 1 OF 202fi 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 may be pleased to suspend the operative portion of Proceedings of the respondents No,2 Rc.No.E2/15021/355/2024 Dt. 19-01-2025 appointed the respondent No.4as Executive Officer Sri Dara Pydithalii Ammavari ; Appannadorapalem Village, Kothavalasa Mandal Vizianagaram District in Survey No.289/1 &2 pending disposal of the writ petition Temple, .situate and pass such lA NO: 2 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 may be pleased to vacate the interim orders passed in LA.No. 1 of 2025 in W.P.No.3508 of 2025 dated 12- 02-2025 and order dismiss the main writ petition as devoid of merits and pass lA NO: 3 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 leased to vacate the interim orders dated 12.02.2025 W.P.No.3508 of 2025 and dismiss the writ petition and passS passed in Counsel for the Petitioner: 1.PGOPALA KRISHNA Counsel for the Respondent(S): 1.CHINTAPALLI SRINIVAS 2.GP FOR ENDOWMENTS 3 APHC010180382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 9280/2024 Between: 1.SUNKARA DEMUDU, S/0 S.DARA PAYDAIAH AGED ABOUT. 40 YEARS, R/O.APPANNA DORAPALEM VILLAGE, KOTHAVALASA MANUAL, VIZIANAGARAM DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE AND ENDOWMENTS, SECRETARIAT OF AP, VELAGAPUDI, AMARAVATHI DISTRICT. GUNTUR 2.THE COMMISSIONER ENDOWMENTS, GOLLAPUDI, VIJAYAWADA. 3.THE DEPUTY COMMISSIONER, DEPARTMENT OF ENDOWMENTS VISAKHAPATNAM. 4.THE ASSISTANT COMMISSIONER, DEPARTMENT OF ENDOWMENTS VIZIANAGARAM. 5.K NAGENDRA, TRUSTY OF THE DARA PYDITHALLI AMMAVARU TEMPLE, APPANNA DORAPALEM VILLAGE, KOTHAVALASA MANUAL, VIZIANAGARAMDISTRICT 6.SRI DARA PYDITHALLI AMMAVARU TEMPLE, REPRESENTING BY ITS EXECUTIVE OFFICER, APPANNADORAPALEM VILLAGE, KOTHAVALASA MANDAL, VIZIANAGARAM DISTRICT. IMPLEADED AS PER THE COURT ORDER DT 26.04.2024 VIDE ORDERS PASSED IN I.A.NO. 02 OF 2024. R6 IS ...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 an appropriate writ or direction more particularly one In the nature of Writ of Mandamus by declaring the Proceedings of the respondents No.3 A2/ENDDCO-VZM/14/2024-SA(SA1)DCED VSP dated 28- 02-2024 by appointing the respondent No.5 as trustee of Sri Dara Pydamma Ammavari temple Appannadorapalem Village, Kothavalasa Mandal, Vizianagaram District, as illegal, arbitrary and unconstitutiona l and also violation of Articles 14,25 and 300-A of the constitution of India and against to the norms of public policy and principles of natural justice and consequently direct the respondent No.5 to hand over the management of temple affairs to the villagers and pass lA NO: 1 OF 2024 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 suspend the operative portion of Proceedings of the respondents No.3 A2/ENDDCO-VZM/14/2024-SA(SA1)DCED VSP dated 28-02-2024 by appointing the respondent No.5 as trustee of Sri Dara Pydamma Ammavari temple Appannadorapalem Village, Kothavalasa Mandal, Vizianagaram District situate in Survey No.289/1 and 2 pending disposal of the writ petition and lA NO: 2 OF 2024 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 implead proposed respondent No.6 Sri Dara Pydithalli Ammavaru Temple, representing by its executive Officer, Appannadorapalem Village, Kothavalasa Mandal, Vizianagaram District as respondent No.6 in the writ petition and pass lA NO: 1 OF 2Q2fi 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 vacate the interim suspension order, Dt. 29.04.2024 passed in I.A.No.1 of 2024 in W.P.No.9280 of 2024 and dismiss the writ petition in the interest of Justice and pass pass 5 Counsel for the Petitioner: 1.P GOPALA KRISHNA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR ENDOWMENTS 3.T VS KUMAR The Court made the following: COMMON ORDER - Heard Sri P. Gopala Krishna, learned counsel for Sri Chintapaili Srinivas, learned Standing Counsel and Government Pleader for Endowments appearing for the respondents. the petitioner and learned Assistant 2. The petitioner challenges the proceedings dated 19.01.2025 of the 2 ^ respondent appointing 4**^ respondent as Executive Officer and 28.02.2024 of the respondent, appointing 5‘^ respondent as trustee of Sri Dara Pydi Thalli Ammavari Temple, Appannadorapalem Village, Kothavalasa Mandal, Vizianagaram. 3. The petitioner contends that the petitioner was not given any notice before the temple is being notified under the provisions of the Section 43 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as ‘the Act’). Even at the time when the objections were called for on 04-12-2022 and 14-08-2023, the petitioner along with villagers have submitted their objections to the proposed registration under Sec.43 of Endowments Act. The temple was registered under the provisions of ■ Sec.43 of the Act, vide proceedings dated 12-02-2024. the petitioner submits that there is The learned counsel for no evidence that the temple has any income so as to categorize the same under the provisions of Sec.6C of ‘the Act’. The learned counsel for the petitioner relies on the decision of this Court in W.P.No.10283 of 2021 in support of his contention that notice the Act is mandatory to the persons entrusted in the temple. under Sec.43 of 4. The 2'^^ respondent filed counter affidavit stating that the Sarpanch Archaka gave a complaint, and villagers have also made and requests to safeguard the hundi collections and the ornaments of the deity, complaints were also given to the police for protection of the temple from anti-social elements and the miscreant. Basing on the complaint given by the Sarpanch of the village Station House Officer has also requested the Endowments the department to protect the temple from mismanagement by the petitioner and others, further stated that the annual festival celebrations are conducted at the temple a big scale and large number of devotees would participate in the festival and make the offerings and donations to the temple. Thus the temple’s income is considerable necessitating appointment of the Executive Officer. It is in 5. It is further stated that the report from the Regional Joint Commissioner, (RJC) Endowments, has been called for regarding the allegations made against the management of the temple. The RJC submitted Lr.ln.Rc.No.A4/503786/2024, dated 20-11-2024 and 06-01-2025 several complaints were received about the mismanagement of funds of a report vide stating that 7 Sri Dara Pydithalli Ammavari Temple, Appannadorapalem, Kothavalasa (M), and that the person in management of the temple is not maintaining any accounts and records of the temple and misappropriating the income of the temple and that the complaints were also filed before the District Collector Vizianagaram, in Spandana Programme. It is further stated that the Circle Inspector of Police, Kothavalasa Police Station addressed a letter to the Deputy Commissioner, Endowments Department, Visakhapatnam, informing that the temple is situated at outskirts of the village and on every Sunday, Tuesday and Thursday more than 600 pilgrims are visiting the temple and donate in cash and offer i.e., Sarees, articles etc., and that they are being misused, and requested for publication and registration of the temple under the provisions of Act 30/87. It is further stated that the self-styled management failed to maintain accounts and records, that even the villagers were not being allowed to monitor and the count Hundi collections or any other income source. On the basis of the report of the Circle Inspector, an enquiry was conducted with Sarpanch and other villagers and it is assessed that, the income of the subject Temple would be much more than Rs.5,00,000/- per annum, if the income of the temple is correctly accounted for from various sources, i.e., donations, offerings to deity and also proper monitoring of Hundials. On the basis of the said report, it is stated that vide the impugned proceedings, the 2^^ respondent appointed the Executive Officer to the temple. 6. The 4**^ respondent also filed counter affidavit in similar lines stating in addition that immediately after his appointment and took charge as EO of the 7. 8 ‘temple on 19-01-2025, he had tried to collect the ornaments of the diety, in that connection issued a notice on 07-02-2025 to the petitioner and others through the Sarpanch of the village, however the petitioner has refused to hand over the same. 8. The petitioner filed reply affidavit and relies on the GO.Ms.No298 dated 06-07-2023, wherein it has been provided as follows: ‘In exercise of the powers conferred under section 154 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act No. 30/1987), the Government of Andhra Pradesh hereby grant exemption to the temples having assessable income of less than Rupees Five lakhs per annum, from the operation of the following provisions of the Andhra Pradesh Charitable and Hindu Religious institutions and Endowments Act, 1987, for a period of five years: 1. Section 15: (appointment of Board of Trustees) to the Temples, where there is a Founder/Member of Founder's Family or where the Temple is under the administration of reputed Religious organization. 2. Section 29 (appointment of Executive Officer) to the Temples, where the Founder/Member of Founder’s Family or Hereditary Archaka or reputed Religious organization in the order of preference, wants to manage the Temples by themselves.” Thus argues that the order of appointment of Executive Officer is without jurisdiction. 9. Considered the rival submissions. HP 10. The challenge in the Writ Petitions is to the appointment of single trustee and the appointment of an Executive Officer. 11. The main allegation of the petitioner is that the respondents have not considered the submissions of the petitioner while registering the temple under the provisions of Sec.43 of the Act, thus the impugned orders are contended to be bad and, the petitioner challenges the impugned proceedings on the pretext that the temple has no income and it has no immovable properties. There is no challenge to the proceedings of the 4*'^ respondent dated 12.02.2024, registering the temple under Sec.43 of the Act 30/1987. None of the villagers have although stated to have been objected to the registration of the temple under Sec.43 of the Act along with the petitioner, except the petitioner none of the said persons have challenged the impugned proceedings. 12. The respondents have explained in their counter affidavit the circumstances which necessitated the appointment of the Executive Officer to the temple. The learned Standing Counsel appearing for 6*^ respondent has also filed bank statements for the period of February-July, 2025 i.e. after he has taken charge as an Executive Officer of the temple. A perusal of the would reflect that the amounts by way of cash have been regularly credited to the accounts of the temple every two to three days, indicating substantial income, considering this, in the absence of any record being maintained and placed before the Court, by the petitioner at minimum, a bank account to show the income of the temple, the petitioner cannot try to get away by saying that the same 10 tsmple has no income and therefore it cannot be brought under the purview of the Endowments department. The said contention is not sustainable. i i 14. In view of the above observations, the Writ Petitions are dismissed. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, One CC to Sri. P Gopala Krishna Advocate [OPUC] One CC to Sri. Chintapalli Srinivas Advocate [OPUC] One CC to Sri. T V S Kumar Advocate [OPUC] One CC to Sri. Nagaraju Naguru Advocate [OPUC] Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] Two CD Copies 1. 2. 3. 4. 5. 6. 7. gsc HIGH COURT DATED:15/07/2025 COMMON ORDER WP NOS. 3508 OF 2025 AND 9280 OF 2024 DISMISSING THE WPS WITHOUT COSTS