Andhra Pradesh High Court - Amravati
Balija Telaga Kapu Annadana Samajam vs The State Of Andhra Pradesh on 26 September, 2025
APHC010510862025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3458]
(Special Original Jurisdiction)
FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 26270 OF 2025
Between:
1. BALIJA TELAGA KAPU ANNADANA SAMAJAM, (REGD.NO.348 OF
1995) PENCHALAKONA (V), GANUPALLI POST, RAPUR MANDAL,
SPSR NELLORE DISTRICT, REP., BY ITS PRESIDENT VEMANA
ROSAIAH, S/O CHENCHAIAH, R/O D NO 25-13-745, NGO COLONY,
BHAKTHAVATHASALA NAGAR, NELLORE - 524004.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, GHTHE STATE OF ANDHRA
PRADESH REP BY ITS PRI SECRETARY REVENUE
(ENDOWMENTS) DEPARTMENT, SECRETARIAT, VELAGAPUDI,
AMARAVATHI GUNTUR DISTRICT -522237. 2).
2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, A.P.,
GOLLAPUDI, VIJAYAWADA, PIN - 521225 3).
3. ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, OLD
SARVODAYA COLLEGE, BESIDE DR. PENCHALAMMA HOSPITAL,
GNT ROAD, NELLORE CITY, S.P.S.R. NELLORE DISTRICT - 524001
4).
4. THE DEPUTY COMMISSIONER AND THE EXECUTIVE OFFICER,
SRI PENUSILA LAKSHMI NARASIMHA SWAMY TEMPLE,
PENCHALAKONA (V), RAPURU (M),S.P.S.R. NELLORE DISTRICT.
...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents more particularly the action of the 4TH respondent in interfering with the administrative affairs of the petitioner society as illegal, arbitrary, violative of the principles of natural justice and Article 14 of the Constitution of India, and consequently direct the respondents not to interfere with the administration and management of the petitioner society, and pass such other order or orders as this Honble Court may deem fit and proper in the interests of justice IA NO: 1 OF 2025 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 with the administration and management of the petitioner society, without following due process of law pending disposal of the writ petition in the interest of justice and pass Counsel for the Petitioner:
1. A CHANDRAIH NAIDU Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR ENDOWMENTS THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 26270 OF 2025 The Court made the following order:
Heard Sri A.Chandraih Naidu, learned counsel for the petitioner, learned Assistant Government Pleader for Endowments appearing for the respondent Nos.1 to 3 and Ms. Devi Subhashini Anne, learned Standing Counsel for Endowments appearing for respondent No.4.
2. The instant writ petition is filed challenging the action of the 4th respondent in interfering with the affairs of the petitioner society without authority of law.
3. It is contended that the petitioner is a society, registered under the provisions of the Andhra Pradesh Societies Registration Act. It is submitted that the petitioner society is established with an object of rendering charitable service viz., Annadanam twice daily to the devotees of Sri Penusila Lakshmi Narasimha Swamy Temple, Nellore District.
4. It is contended that the petitioner society is a charitable organization and that is supported by the contributions of devotees, without receiving any financial assistance from the Endowments Department. However, the 4 th respondent is interfering with the petitioner's activities and is asserting that the organization will be taken by the Endowments Department.
5. Today, when the matter is taken up for consideration, Ms. Devi Subhashini Anne, learned Standing Counsel for Endowments appearing for respondent No.4, has placed before the Court a copy of the written instructions received from the 4th respondent. A perusal of the same would reflect that the petitioner society had constructed a building on the site belonging to the temple for providing Annadanam to the devotees. However, there have been no such activities in recent times. Presently, no charitable activity as such is being carried out by the petitioner. It is further stated that the subject land is belonging to the temple and it is providing Annadanam to the devotees. Therefore, there is no necessity for other satrams to provide Annadanam at the temple. Further, the satrams provide Annadanam only on certain days and it is not a regular activity. It is also stated that the 4th respondent has never contacted the president of the petitioner society as alleged in the writ affidavit.
6. Having regard to the submissions made, this Court deems it appropriate to dispose of the writ petition with a direction to the respondents not to interfere with the petitioner's activity without due process of law.
7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
_____________________________ JUSTICE KIRANMAYEE MANDAVA Date: 26.09.2025 BSK 79 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 26270 OF 2025 Date: 26.09.2025 BSK