APHC010255532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13294/2026 Between: 1. A.V.PRASAD,, S/O. LATE A.V.V. SUBRAMANYAM, AGED ABOUT 60 YEARS, OCC BUSINESS RIO. D. NO 49-35-49, AKKAYYAPALEM, VISAKHAPATNAM -530016 2. A.SRINIVASARAO,, S/O. LATE A.V.V. SUBRAMANYAM, AGED ABOUT 56 YEARS, OCC COST AUDITOR, RIO. D. NO 49-35-49, AKKAYYAPALEM, VISAKHAPATNAM - 530016 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P.522237 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT.521225 3. THE DEPUTY COMMISSIONER, ENDOWMENTS DEPARTMENT, VISAKHAPATNAM530016 4. THE DISTRICT ENDOWMENTS OFFICER, VISAKHAPATNAM 530016 5. SRI SADGURU BRAHMA RAMADOOTA MANDIRAM, MADHURANAGAR, VISAKHAPATNAM, REP. BY ITS EXECUTIVE OFFICER 530016 ...RESPONDENT(S): 2 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 a writ order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the 2nd respondent in issuing notification vide Rc.No.B1/COE- 12026(31)/4/2025-1 dated 13.04.2026 in calling applications for constitution of non-hereditary trust board to Sri Sadguru Brahma Ramadoota Mandiram, Madhuranagar, Visakhapatnam pending petitioners application dated 06.02.2024 for being declared as founder family members as bad, illegal, arbitrary, without jurisdiction, violative of principles of natural justice and violative of Articles 14, 21, 25 and 26 of Constitution of India and consequently set aside the same IA NO: 1 OF 2026 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 operation of impugned proceedings of the 2nd respondent in issuing notification vide Rc.No.B1/COE-12026(31)/4/2025-1 dated 13.04.2026 and consequently direct the 2nd respondent to not to constitute trust board to the 5th respondent temple till disposal of the petitioners Founder Family Membership recognition application dated 06.02.2024 Counsel for the Petitioner(S): 1. D V SASIDHAR Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13294/2026 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “ to issue a writ, order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the 2nd respondent in issuing notification vide Rc.No.B1/COE- 12026(31)/4/2025-1 dated 13.04.2026 in calling applications for constitution of non-hereditary trust board to Sri Sadguru Brahma Ramadoota Mandiram, Madhuranagar, Visakhapatnam pending petitioners application dated 06.02.2024 for being declared as founder family members as bad, illegal, arbitrary, without jurisdiction, violative of principles of natural justice and violative of Articles 14, 21, 25 and 26 of Constitution of India and consequently set aside the same and pass such other order or orders….” 2. Heard learned counsel for the petitioners and learned counsel for the respondents. 3. The case of the petitioners herein is that that petitioners herein submitted an application dated 06.02.2024 seeking to declare themselves as the founder family members of the respondent No.5 temple through proper channel i.e., respondent No.4. Thereafter, the respondent No.4 herein submitted a report on 14.05.2024 to the respondent No.3 recommending the petitioners for being declared as founder family members of the subject temple and the same is pending for consideration as of now. 4. While things stood thus, pending consideration of the application submitted by the petitioners, the respondents issued impugned notification 4 dated 13.04.2026 affixed on 16.04.2026 calling for applications for constitution of non-hereditary trust board to the respondent No.5 temple. Aggrieved by the same the petitioners herein preferred the present writ petition. 5. Learned counsel for the petitioners submits that the respondents without considering the application submitted by the petitioners are now proposing to constitute the trust board in respect of respondent No.5-temple. Pursuant to which, the respondents issued notification dated 16.04.2026 calling for applications for trusteeship in respect of the subject temple. He further submits that if such proceedings are finalized without recognizing the claim of the petitioners, the petitioners would be deprived of their rights to be recognized as hereditary trustees of the trust board. 6. Learned counsel for the petitioners further submits that in similar circumstances this Court already passed an order dated 18.07.2025 in W.P.No.17811 of 2025 and requested this court to pass a similar order in this Writ Petition also. The operative portion of the said order is extracted hereunder: “Having regard to the same, this Court is of the view without passing appropriate orders in accordance with law on the representation of the petitioner, after submission of the report of the respondent No.3, dated 28.04.2025, the impugned proceedings have been issued by the respondent No.2. Having regard to the same, this Court deems it appropriate to dispose of the writ petition directing the respondent No.2 to pass appropriate orders on the application of the petitioner, dated 01.03.2025 in accordance with law, after giving due opportunity 5 of hearing the petitioner within a period of four (04) weeks from date of receipt of the order. Till such time, the constitution of the Trust Board to the Respondent No.3 – Temple shall not be finalized by the Commissioner, Endowments Department.” 7. On the other hand, learned counsel for the respondents does not refute the submissions made by the learned counsel for the petitioners. 8. Having regard to the submissions made by the learned counsel for the petitioners and in view of orders dated 18.07.2025 passed by this Court in W.P.No.17811 of 2025, this Court deems it appropriate to dispose of the writ petition, directing the respondent No.2 to consider the representation/ application dated 06.02.2024 submitted by the petitioners and pass appropriate orders in accordance with law, after giving due opportunity of hearing to the petitioner, within a period of four (04) weeks from date of receipt of the order. Till such time, the constitution of the Trust Board to the Respondent No.5 – Temple shall not be finalized by the Commissioner, Endowments Department. 9. With the above directions, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:06.05.2026 BSP 6 264 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13294/2026 Date:06.05.2026 BSP