Sri Sri Sri Uma Maheswara Aalayam Trust, v. The State of Andhra Pradesh,
WP/6436/2020 · 2025-09-08
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9439 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9439 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010104572020
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between:
1. Sri Sri Sri Uma Maheswara Aalayam Trust,, Share Mohammad Puram Village (SM Puram), Etcherla Mandal, Srikakulam District, Andhra Pradesh, rep.by its President Chowdari Narayana Murthy. 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Srikakulam District at Srikakulam. 3. The Station House Officer, Etcherla Police Station, Srikakula
4. Kinthali Satyanarayan, S/o. Late Narasimhappadu, R/o. Share Mohammad Puram Village (SM Puram), Etcherla Mandal, Srikakulam District. 5. Ch Sandhya Gajapathirao, W/o. Ganta Seetaram Kumar, Kinthalimill Junction, Kesavaraopeta Village, Etch
6. Vavilapalli Vishnu Murthy, S/o. Appala Ramanna, R/o. Share Mohammad Puram Village (SM Puram), Etcherla Mandal, Srikakulam District. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6436 OF 2020
1. Sri Sri Sri Uma Maheswara Aalayam Trust,, Share Mohammad Puram Village (SM Puram), Etcherla Mandal, Srikakulam District, Andhra Pradesh, rep.by its President Chowdari Narayana Murthy. ...Petitioner AND Pradesh, Rep.by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Srikakulam District at Srikakulam. 3. The Station House Officer, Etcherla Police Station, Srikakulam District. 4. Kinthali Satyanarayan, S/o. Late Narasimhappadu, R/o. Share Mohammad Puram Village (SM Puram), Etcherla Mandal, Srikakulam District. 5. Ch Sandhya Gajapathirao, W/o. Ganta Seetaram Kumar, Kinthalimill Junction, Kesavaraopeta Village, Etcherla Mandal, Srikakulam District. 6. Vavilapalli Vishnu Murthy, S/o. Appala Ramanna, R/o. Share Mohammad Puram Village (SM Puram), Etcherla Mandal, Srikakulam District. ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. Sri Sri Sri Uma Maheswara Aalayam Trust,, Share Mohammad Puram Village (SM Puram), Etcherla Mandal, Srikakulam District, Andhra Pradesh, ...Petitioner Pradesh, Rep.by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. m District. 4. Kinthali Satyanarayan, S/o. Late Narasimhappadu, R/o. Share Mohammad
5. Ch Sandhya Gajapathirao, W/o. Ganta Seetaram Kumar, Kinthalimill erla Mandal, Srikakulam District. 6.
Vavilapalli Vishnu Murthy, S/o. Appala Ramanna, R/o. Share Mohammad ...Respondents
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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 pleased to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the highhanded action of the respondents and his subordinates trying to interfere day to day administration of the Trust and also in the Sri Sri Sri Umamaheswara Temple situated at S.M.Puram Village in Etcherla Mandal, Srikakulam District without any authority or power is in violation of Rights Guaranteed under Articles 25 and 26 of the Constitution of India, IA NO: 1 OF 2020 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 respondents not to interfere in the affairs of the petitioner's trust and also Sri Sri Sri Umarnaheswara Temple situated at S.M.Puram Village in Etcherla Mandal,' Srikakulam. District, pending - disposal of of the writ petition, in the interest of Justice, Counsel for the Petitioner: DASARI S V V S V PRASAD Counsel for the Respondents: GP FOR HOME (AP) The Court made the following order:
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6436 OF 2020
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue a writ order or direcption, more particularly one in the nature of writ of Mandamus, declaring the highhanded action of the respondents and his subordinates trying to interfere day to day administration of the Trust and also in the Sri Sri Sri Umamaheswara Temple situated at S.M.Puram Village in Etcherla Mandal, Srikakulam District without any authority or power is in violation of Rights Guaranteed under Articles 25 and 26 of the Constitution of India...”
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Heard Sri S.V.V.S.V. Prasad, learned counsel appearing for the petitioners, and Sri V. Farook, learned Assistant Government Pleader for Home, appearing for the respondents. 3. When the matter is taken up for hearing, the learned Assistant Government Pleader, on the basis of written instructions, submitted that the grievance of the petitioners is unfounded. It is submitted that the petitioners have approached this Court alleging interference by the police in the temple affairs and Trust administration. However, the role of the police has been confined only to maintenance of law and order in view of long-standing disputes between two groups of villagers with respect to the affairs of the Trust and the Sri Sri Sri Umamaheswara Temple at S.M. Puram. It is further submitted that several criminal cases were registered at Etcherla Police Station in connection with the disputes arising out of the said temple and Trust, which are as follows:
1. Cr.No.61/2020 u/s 309 IPC – relating to an attempt to commit suicide by one Avinash on 06.03.2020, alleging inaction of the police in the temple issue. 4
2. Cr.No.62/2020 u/s 354, 324, 509, 506 r/w 34 IPC – registered on 06.03.2020 against Choudary Narayanamurty @ Babji, his son Avinash and others for assaulting a trustee and causing simple injury. 3. Cr.No.63/2020 u/s 323 IPC & Sec. 3(1)(s) r/w 3(2)(va) of SCs/STs (POA) Act, 2015 – registered on 06.03.2020 against Sampathirao Laxmipathiraju and others for insulting and intimidating certain villagers by caste name during a dispute at the temple. 4. Cr.No.64/2020 u/s 107 Cr.P.C. – preventive action initiated to bind over members of both groups, i.e., Choudary Babji and 9 others (A-Party) and Sampathirao Laxmipathiraju and 9 others (B-Party). 5. Cr.No.65/2020 u/s 145 Cr.P.C. – proceedings initiated before the Mandal Executive Magistrate, Etcherla, to prevent interference of both parties with the temple/Trust till the dispute is resolved. The learned Assistant Government Pleader further submitted that, except for registration of the above crimes and initiation of proceedings strictly in accordance with law, the respondent police have not interfered with the day-to-day affairs of the Trust or temple administration. It is also stated that the law-and-order situation in the village is under control and, to prevent recurrence of untoward incidents, a special police party has been posted in the village and prayed to dismiss the writ petition. 4.
Learned counsel for the petitioners, in view of the aforesaid instructions placed on record, fairly submitted that the writ petition may be disposed of by recording the submission of the respondents and by directing the police not to interfere with the affairs of the Trust or temple, except in accordance with law. 5. Having heard the submissions of both sides and having perused the material available on record, this Court is of the view that the respondents have already stated that their role has been confined only to maintaining law and order, and that they have not interfered in the day-to-day administration of
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the Trust or temple. This Court deems it appropriate to dispose of the writ petition by recording the same. 6. It is, however, made clear that the respondent police shall scrupulously ensure that they do not interfere with the day-to-day administration or religious affairs of the Trust and the Sri Sri Sri Umamaheswara Temple, except in discharge of their lawful duties for maintaining law and order or in connection with investigation of crimes, and that all such action shall be in strict conformity with law. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:09.09.2025 KKV
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.6436 of 2020
Dt.09.09.2025
KKV