APHC010338242011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25854/2011 Between: 1. K. MAHESH, S/O. LATE K. SURYANARAYANA R/O. 53-41-46, 1ST FLOOR, K.R.M. COLONY, MADDIPALEM, VISAKHAPATNAM - 530 013. 2. KOLLI THAMMA REDDY, S/O. LATE RAJA RAO EX-SERVICEMAN DOOR NO. 49-08-07/1, LALITHA NAGAR, VISAKHAPATNAM. 3. KOLLURU SHESHAGIRI RAO, S/O. RAMA SURYAM MANAGING PARTNER SRI SURYA COMPLEX, 43-29-53, DONDAPARTHI, VISAKHAPATNAM. 4. MAJJI KOTESWAR RAO, S/O. SEETARAM EX. TRUST BOARD MEMBER, YERUKAMAMBA DEVASTHANAM, 46-13-64, MANDAVARI STREET, DONDAPARTHI, VISAKHAPATNAM. 5. NAKKA SRINIVAS RAO, S/O. LATE APPALA NARSAIAH RAILWAY MAIL SERVICE, 49-9-31/1, LALITHA NAGAR, VISAKHAPATNAM. ...PETITIONER(S) AND 1. THE COMMISSIONER OF ENDOWMENT, GOVERNMENT OF ANDHRA PRADESH, DEPARTMENT OF ENDOWMENTS, TILAK ROAD, ABIDS, HYDERABAD - 1. 2. SRI SRI SRI SIDDHESWARANANDA BHARATHI SWAMI, PEETHADHIPATHI, SRI LALITHA PEETHAM, LALITHA NAGAR, VISAKHAPATNAM - 530 016. 2 3. THE DEPUTY COMMISSIONER OF ENDOWMENTS, TURNER CHOULTRY COMPLEX, MAHARANIPETA POST, VISAKHAPATNAM - 530 002. ...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 toto issue a Writ of Certiorari or any other appropriate Writ, Order or Orders, Direction or Directions to quash the order of the 1st Respondent dated 16-06-2011 in Application No. G1/24334 of 2010 and to issue a consequential direction to the 1st Respondent to decide the applicability of Chapter - III of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 to the 2nd Respondent afresh. IA NO: 1 OF 2011(WPMP 31876 OF 2011 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 direct the 1st Respondent to call for a report from the 3rd Respondent with regard to the factual aspects of the existence of several temples within the compound of the 2nd Respondent for the purpose of deciding the applicability of the Chapter - III of A.P. Charitable and Hindu Religious Institutioins and Endowments Act, 1987 to it, pending disposal of the Writ Petition. Counsel for the Petitioner(S): 1. VEDULA SRINIVAS Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS 2. P SRI RAM The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25854/2011 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 Certiorari seeking to quash the order of the 1st Respondent dated 16.06.2011 in Application No. G1/24334 of 2010 and to issue a consequential direction to the 1st Respondent to decide the applicability of Chapter - III of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 to the 2nd Respondent afresh and pass such other order. 2. Heard the learned counsel for the petitioners, learned Government Pleader for respondent No.1 and 3 and the learned counsel for respondent No.2. 3. Learned counsel for the petitioners submits that the petitioners are devotees and interested persons in respect of 2nd respondent-Mutt. The affairs of the 2nd Respondent-Mutt are being managed contrary to law. Being the devotees, the petitioners herein are seeking that the Mutt must be notified as public Mutt by respondent No.1 under Section 6 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987 (herein after referred as ‘Act, 1987’) and for which, the petitioners also submitted a detailed representation to respondent No.1 herein. After receipt of the said representation, respondent No.1/Commissioner of Endowments passed the impugned speaking order dated 4 16.06.2011 stating that respondent No.2-Mutt has been running as a private Mutt in view of the declaration in O.S.No.261 of 1978 on the file of I Additional Senior Civil Judge, Visakhapatnam by way of judgment and decree dated 19.01.1985. The said decree and judgment was confirmed by this Court in A.S.No.1566 of 1987 vide judgment and decree dated 08.09.2008. Therefore, respondent No.2 was declared as a private Mutt by way of suit proceedings and the plea of the petitioners may not be considered. The said impugned speaking order/proceedings of respondent No.1 was assailed in this Writ Petition. 4. On the other hand, learned counsel for respondent No.2 submits that still respondent No.2-Mutt is functioning as a private Mutt in accordance with law. 5. Learned Government Pleader for respondent Nos.1 and 3 submits that since there is declaration in favour of respondent No.2 to continue the Mutt as private Mutt as per the order of the trial Court as well as this Court as mentioned above. Respondent No.1 issued impugned proceedings rejecting the claim of the petitioner. As of now respondent No.2 is continuing as a private Mutt due to the judgments rendered by this Court. If the petitioners still intends to notifying respondent No.2 as public Mutt, let them file a required application/petition before the competent authority for further 5 consideration, since fifteen years already lapsed, after the impugned proceedings. 6. Heard the learned counsels for all parties and perused the material placed on record. It is observed that the present writ petition is filed challenging the rejection of the claim of the petitioners for declaration of respondent No.2 as public Mutt under the provisions of Act, 1987. The said claim of the petitioner was already rejected by respondent No.1 by observing that respondent No.2 obtained decree and judgment from this Court on 08.09.2008 in A.S.No.1566 of 1987. Therefore, it appears that respondent No.2 is still continuing as a private Mutt and the same was confirmed by the learned counsel for the respondent No.2 as well as learned Government Pleader. However, if the petitioners still intends to seek for conversion of the private Mutt into a public Mutt, they are at liberty to initiate appropriate proceedings and proceed further in accordance with law. 7. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 09.02.2026 TTPPSS 6 158 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25854/2011 09.02.2026 TTPPSS