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2026 DAILYLAW 11862 (AP)

Gollapalli Venkata Chalapathi Sarma v. The State of Andhra Pradesh

WP/17693/2026 · 2026-09-28

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 VN,J W.P.No. 17693 of 2026 Dated 29.09.2026 APHC010333722026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 29th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17693 OF 2026 Between: 1. GOLLAPALLI VENKATA CHALAPATHI SARMA, S/O. LATE G. VENKATARAMANA, AGED ABOUT 43 YEARS, R/O. 6-15/1, GANAPATHI TEMPLE, BIKKAVOLU VILLAGE AND MANDAL, EAST GODAVARI DISTRICT-533343. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AINARAVATI, GUNTUR DISTRICT-522237. 2. THE COMMISSIONER OF ENDOWMENTS, GOVERNMENT OF ANDHRA PRADESH AT VIJAYAWADA-521225. 3. THE REGIONAL JOINT COMMISSIONER, ENDOWMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT-533101 . 4. THE ASSISTANT COMMISSIONER, ENDOWMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT-533101 . 5. THE DISTRICT ENDOWMENT OFFICER, ENDOWMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT-533101 . 6. SRI LAKSHMI GANAPATHI SWAMY TEMPLE, REP. BY ITS EXECUTIVE OFFICER, BIKKAVOLU VILLAGE AND MANDAL, EAST GODAVARI DISTRICT-533343. ...RESPONDENT(S): 2 VN,J W.P.No. 17693 of 2026 Dated 29.09.2026 Counsel for the Petitioner: 1. RAVULA NAGARJUNA Counsel for the Respondent(S): 1. KAPPERA KOTESWARA RAO SC for Endowments, AP Region. 2. GP FOR SERVICES II The Court made the following: 3 VN,J W.P.No. 17693 of 2026 Dated 29.09.2026 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17693 OF 2026 ORDER: 1. Present Writ Petition is filed questioning the action of the Executive Officer of Respondent No.6 temple in removing the petitioner from Archakatvam service of 6th Respondent temple vide proceedings in Rc.No.Nil/2023, dated 28.05.2026 as illegal, arbitrary and violative of principles of natural justice. 2. The Petitioner claims to be hereditary Archaka of Respondent No.6 temple, which was said to have been constructed, developed and managed by his father. The father of the petitioner had filed O.A.No. 90 of 2012 before the Endowment Tribunal for declaration as Archaka and after expiry of the father of the petitioner, the petitioner impleaded himself as the successor. The O.A is said to be pending. 3. While so, a departmental enquiry was initiated against the petitioner with regard to certain lapses in discharge of duties as Archaka. As per the charges, it is stated that about 10 articles of charges were framed against the petitioner and explanation was called for from the petitioner with regard to the said allegations. 4. The petitioner on 12.03.2023 submitted his explanation. Pursuant thereof, an enquiry report was submitted holding that the charges against the petitioner were proved and consequent thereto, the Respondent No.6 passed the impugned order, removing the petitioner from the Arckhakatvam duties. Questioning the same, present writ petition is filed. 5. Sri Vedula Venkataramana, learned Senior Counsel for Petitioner would contend that some of the articles of charge in the departmental enquiry was based on a complaint given by third parties and the enquiry report was 4 VN,J W.P.No. 17693 of 2026 Dated 29.09.2026 submitted only on the explanation offered by the petitioner. It was stated that no witnesses were examined to substantiate the charges and therefore the present case is based Nil evidence, which cannot be sustained. 6. Sri Nagoor Nagaraju, learned Government Pleader, on written instructions would submit that the claim of the hereditary Archakatvam of the petitioner is misplaced as temple is a “Swayambhu Temple” and further would submit that the Respondent No.6 would conduct a detailed enquiry against the petitioner in compliance of principles of natural justice and fair play. He further submitted that the regular procedure of enquiry would not be applicable in this case, as the petitioner is working on consolidated pay. However, the learned Government Pleader would fairly submit that an enquiry would be conducted against the petitioner by Respondent No.6 afresh and Memo was also filed to the effect by Respondent No.6 vide USR No.114090/2026. 7. Heard both counsel. 8. Considering the submissions, as the Respondent No.6 seeks to conduct a detailed enquiry into the allegations alleged against the petitioner, the Writ Petition is disposed of with the following directions: i. The impugned proceedings in Rc.No.Nil/2023, dated 28.05.2026 are hereby set aside. ii. Respondent No.6 is at liberty to conduct fresh enquiry against the petitioner in compliance of principles of natural justice and fair play. iii. The petitioner shall co-operate with the enquiry and shall not delay the enquiry. iv. As the impugned proceedings are set aside, the petitioner shall be reinstated into service, which would be subject to outcome of the enquiry. 5 VN,J W.P.No. 17693 of 2026 Dated 29.09.2026 9. Accordingly, the Writ Petition is disposed of. No costs. Consequently, pending miscellaneous applications, if any, shall stand closed. _______________________ JUSTICE NYAPATHY VIJAY Dated:29.09.2026 KS 6 VN,J W.P.No. 17693 of 2026 Dated 29.09.2026 86 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17693 OF 2026 Dated 29.09.2026 KS