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2026 DAILYLAW 9042 (AP)

SRI SRI SRI MUTHYALAMMA AMMAVARI DEVASTHANA NIRVAHANA COMMITTEE_RAGHAVAPURAM v. THE STATE OF ANDHRA PRADESH

WP/9292/2026 · 2026-08-31

Tarlada Rajasekhar Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010164082026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 9292/2026 Between: 1. SRI SRI SRI MUTHYALAMMA AMMAVARI DEVASTHANA NIRVAHANA COMMITTEE_RAGHAVAPURAM, NIRVAHANA COMMITTEE - RAGHAVAPURAM, REGISTERED UNDER A.R SOCIETIES REGISTRATION ACT REG. NO. 64/2025, REP. BY ITS PRESIDENT, ELASARAPU AJAY KUMAR S/O LATE VISWANATHAM, AGED 40 YEARS, R/O RAGHAVAPURAM VILLAGE, CHINTALAPUDI MANDAL, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT- 522238. 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, AMARAVATHI, GUNTUR DISTRICT - 522020. 3. THE DISTRICT ENDOWMENTS OFFICER, ENDOWMENTS DEPARTMENT, ELURU, ELURU DISTRICT, ANDHRA PRADESH - 534001. 4. THE INSPECTOR, ENDOWMENT DEPARTMENT, ELURU, ELURU DISTRICT, ANDHRA PRADESH - 534001. ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents, vide Computer No. A4/70576/2024 dt. 17.02.2026 issued by 3rd respondent without considering Petitioners objections submitted through representation dt. 06.02.2026, as illegal, arbitrary, without jurisdiction, and violative of principles of natural justice and consequently direct the Respondents not to interfere petitioner's the management and administration of Sri Sri Sri Mutyalamma Ammavari Devasthanam, Raghavapuram Village, Chintalapudi Mandal, Eluru District and its land of Ac. 2.38 cents in survey No. 172 of Raghavapuram Village and pass IA NO: 1 OF 2026 2 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 endorsement vide Lr. No. 138, dated 29.12.2025 issued by the 4*^ Respondent and Consequently, direct petitioner’s Respondents not to interfere with the management and administration of Sri Sri Sri Mutyalamma Ammavari Devasthanam, Raghavapuram Village, Chintalapudi Mandal, Eluru District and its land of Ac. 2.38 cents in Survey No. 172 of Raghavapuram Village, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. THARIGOPULA SURYA CHAITANYA Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 9292/2026 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents, vide Computer No.A4/70576/2024 dt. 17.02.2026 issued by 3rd respondent without considering Petitioner’s objections submitted through representation dt. 06.02.2026, as illegal, arbitrary, without jurisdiction, and violative of principles of natural justice and consequently direct the Respondents not to interfere with the petitioner's the management and administration of Sri Sri Sri Mutyalamma Ammavari Devasthanam, Raghavapuram Village, Chintalapudi Mandal, Eluru District and its land of Ac.2.38 cents in Survey No.172 of Raghavapuram Village and pass….” 2. At the request of the Archakas and the Temple Committee, the Endowments Department issued paper publication on 29.12.2025 inviting objections from the public and to notify Sri Sri Sri Mutyalamma Ammavari Devasthanam as Endowments Institution and to proceed with the publication under Section 6, and for registration under Section 43 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short herein after called the Act 30 of 1987). As no objections have been received from the public, the Endowments Department has proceeded and declared the subject temple as the endowed temple under Section 6 of the Act 30/1987 and the registration certificate were issued to that effect. In registering the subject temple as an endowed temple, the present Writ Petition is filed 4 on the ground that the petitioner herein has submitted explanation on 06.02.2026 and without considering the same, the respondents declared the subject temple as an endowed temple and prayed to set aside the proceedings dated 17.02.2026. 3. The paper publication was issued on 29.12.2025, inviting the objections from the public to declare the subject temple of the Writ Petitioner as an endowment temple. 4. The petitioner herein made objection on 06.02.2026, according to the notification, 10 days’ time was granted and the petitioner has submitted his objection after 40 days from the date of publication. In the meanwhile, the respondents have declared the subject temple as an endowed temple. 5. It is asserted that the respondents have not considered the representation and according to the arguments of the learned counsel for the petitioner, disputed facts are involved in the present Writ Petition. 6. Learned counsel for the respondents submits that under Section 87 of the Act 30/1987, the remedy of the petitioner is before the Tribunal, under sub-section 1(b), which states that “whether an institution or endowment is a religious institution or endowment”, the Tribunal is the competent authority to decide the issue. Therefore, the remedy of the petitioner is before the Tribunal. The Court has granted 5 liberty to the petitioner to approach the Tribunal within a period of two (02) weeks from the date of receipt of copy of this Order. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 01.09.2026 SCH 6 62 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 9292 of 2026 Date: 01.09.2026 SCH