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Andhra Pradesh High Court - Amravati

Tallapragada Janakiramayya, vs The State Of Andhra Pradesh, on 13 August, 2020

Author: Kongara Vijaya Lakshmi

Bench: Kongara Vijaya Lakshmi

[ 2693 ]
(SHOW CAUSE NOTICE BEFORE ADMISSION)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI-~
(Special Original Jurisdiction)
THURSDAY, THE THIRTEENTH DAY OF AUGUST;
TWO THOUSAND AND TWENTY
: PRESENT:
THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION NO: 13812 OF 2020 ~

  

Between:
Tallapragada Janakiramayya, S/o. Kesava Rama Sarma.

..Petitioner--
AND
. The State of Andhra Pradesh, Rep. by the Principal Secretary Revenue
(Endowments) Department, Secretariat, Velagapudi, Guntur District.

The Commissioner, Endowments Department, Gollapudi, Vijayawada.

Sri. Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, East

Godavari District, Rep. by its Executive Officer.

Sri. |.V. Rohith, S/o. Late .V. Rain Kumar, Age 30 Years, Recognized Founder

Family Member (FFM), Chairman of the Trust Board, Sri Veera Venkata

Satyanarayana Swamy Vari Devasthanam, Annavaram, East Godavari Dist.,

R/o. Chennai, Tamil Nadu.

5. Smt. Sadhu Durga, W/o. S.V. Satyanarayana, Aged about 48 years, Member of
the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam,
Annavaram, D-No. 11-55-21, Marwadi temple Street, Vijayawada-1.

6. Sri. Karri Bhami Reddy, S/o. Venkata Krishna Reddy, Aged about 68 years,
Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari
Devasthanam, Annavaram,D-No. 13-5-1, Bhaskar Buildings, Behind
Ramasomayajulu street, Chanakya Chandra Gupta Theatres, Kakinada, East
Godavari District.

7. Sri. Kalaga Rama Jogeswara Sharma, S/o. Surya Prakasha Rao, Aged about 70
years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy
Van Devasthanam, Annavaram, D-No. 20-4, Brundavanam Colony,
Payakaraopeta - 531126.

8. Sri. Vaasireddy Jagannadham, S/o. Venkateswarlu, Aged about 52 years,
Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari
Devasthanam, Annavaram, D-No. 2-285, Routhulapudi (V) and (M) - 533446

9. Smt. Natra Maheswari, W/o. Veeraju, Aged about 48 years, Member of the Trust
Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam,
Annavaram, Telephone Exchange Road, Ballagate Centre, Mummidivaram, East
Godavari District.

10. Sri. Gade Rajasekhar Reddy, S/o. Not Known, Aged about 55 years, Member of
the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam,
Annavaram, Vallabhapuram Village, Kallipara Mandal, Guntur District - 522308.

41.Smt. Chitturi Savitri, W/o. Laxmana Rao Aged about 45 years, Member of the
Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam,
Annavaram, D-No. 2-5-42, Manugula Dibba, Behind M.R.O. Office, Samalkot -
533440

12.Smt. Appari Lakshmi, W/o. Venkateswara Rao @Bheekanna Aged about 60
years, Member of the Trust Board, Sri Veera Venkata SatyanarayanaSwamy Vari
Devasthanam, Annavaram, D-No.10-447, Bhekkanna Hotel, S.K.B.R. College,
Amalapuram, East Godavari District - 533201.

13.Sri. Mutyala Veerabhadra Rao, S/o. Veerraju, Aged about 59 years, Member of
the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam,
Annavaram, Agraharam Street, Kothpeta, East Godavari District - 533

14. Sri. Moka Suryanarayana, S/o. Chanti Veeranna, Aged about 57 years, Member
of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari
Devasthanam, Annavaram, D-No. 5-49, Main Road, Sampara, Pedapudi Mandal.

15.Sri. Chaganti Venkata Suryanarayana, S/o. Gopala Krishna, Aged about 60
years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy
Vari Devasthanam, Annavaram, D-No. 5-160, Pallapu Veedhi, Karapa (V) and
(M) - 533462

16.Smt. Muliki Suryavathi, W/o. Rama Krishna, Aged about 48 years, Member of the
Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam,--~

--

- ON Annavaram, D-No. 4-5, Sivalayama Veedhi, P.E. Chinnnayapalem, Thondagi - Mandal, East Godavari District - 533406.

17.Smt. Badireddy Asha Latha, W/o. Satish Govindu Babu, Aged about 50 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Armavaram, D-No. 17-16-231, Beside S.B.1., Main Road, Yeleswaram, East Godavari District.

18.Smt. Karra Venkata Lakshmi, W/o. Balreddy, Aged about 47 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, Devaramadugula Village, Y. Ramavaram Mandal, East Godavari District.

19.Sri. Kondaveeti Satyanarayana, S/o. Krishna Murthy, Aged about 62 years, Pradhana Archaka, Ex-Officio Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, East Godavari District ...Respondents~ WHEREAS the Petitioner above named through his Advocate SRI VS RS NAIDU presented this 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 to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of 18¢ Respondent in issuing G.O. RT. No. 254 Revenue (Endowments. Il) Department, dated 21.02.2020, constituting the Trust Board to 3rd Respondent Temple without following the procedure contemplated under Rule 4, 5, 6 and 7 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Appointment of Trustees Rules, 1987 as illegal, arbitrary, unconstitutional, malafide and motivated and in violation of the provisions of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 and consequently set aside the same--

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri V S R S NAIDUAdvocate for the Petitioner Learned Government Pleader for Endowments takes notice on behalf of respondent Nos.1 and 2, Sri Madhava Reddy, Standing Counsel, takes notice on behalf of respondent No.3 -- Temple, Sri Venugopal, learned Counsel, takes notice on behalf of respondent No.4, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION shouid not be admitted. ~ You viz:

- 4. The Principal Secretary Revenue (Endowments) Department, Secretariat, State of Andhra Pradesh, Velagapudi, Guntur District.
2. The Commissioner, Endowments Department, Gollapudi, Vijayawada.
3. The Executive Officer, Sri. Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, East Godavari District.
4. Sri. lV. Rohith, S/o. Late 1.V. Rain Kumar, Age 30 Years, Recognized Founder Family Member (FFM), Chairman of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, East Godavari Dist., R/o. Chennai, Tamil Nadu.
5. Smt. Sadhu Durga, W/o. S.V. Satyanarayana, Aged about 48 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, D-No. 11-55-21, Marwadi temple Street, Vijayawada-1.
6. Sri. Karri Bhami Reddy, S/o. Venkata Krishna Reddy, Aged about 68 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram,D-No. 13-5-1, Bhaskar Buildings, Behind Ramasomayajulu street; Chanakya Chandra Gupta Theatres, Kakinada, East Godavari District.
7. Sri. Kalaga Rama Jogeswara Sharma, S/o. Surya Prakasha Rao, Aged about 70 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Van Devasthanam, Annavaram, D-No. 20-4, Brundavanam Colony, Payakaraopeta - 531126.
8. Sri. Vaasireddy Jagannadham, S/o. Venkateswarlu, Aged about 52 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, D-No. 2-285, Routhulapudi (V) and (M) - 533446
9. Smt. Natra Maheswari, W/o. Veeraju, Aged about 48 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, Telephone Exchange Road, Ballagate Centre, Mummidivaram, East Godavari District.
10.Sri. Gade Rajasekhar Reddy, S/o. Not Known, Aged about 55 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, _ Annavaram, Vallabhapuram Village, Kallipara Mandal, Guntur District - 522308,
11.Smt. Chitturi Savitri, W/o. Laxmana Rao Aged about 45 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, aapavaram, D-No. 2-5-42, Manugula Dibba, Behind M.R.O. Office, Samalkot -
12.Smt. Appari Lakshmi, W/o. Venkateswara Rao @Bheekanna Aged about 60 years, Member of the Trust Board, Sri Veera Venkata SatyanarayanaSwamy Vari Devasthanam, Annavaram, D-No.10-447, Bhekkanna Hotel, S.K.B.R. College, Amalapuram, East Godavari District - 533201.
13.Sri. Mutyala Veerabhadra Rao, S/o. Veerraju, Aged about 59 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, Agraharam Street, Kothpeta, East Godavari District - 533
14. Sri. Moka Suryanarayana, S/o. Chanti Veeranna, Aged about 57 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, D-No. 5-49, Main Road, Sampara, Pedapudi Mandal.
18.Sri. Chaganti Venkata Suryanarayana, S/o. Gopala Krishna, Aged about 60 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, D-No. 5-160, Pallapu Veedhi, Karapa (V) and (M) - 533462
16.Smt. Muliki Suryavathi, W/o. Rama Krishna, Aged about 48 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, D-No. 4-5, Sivalayama Veedhi, P.E. Chinnnayapalem, Thondagi Mandal, East Godavari District - 533406.
17.Smt. Badireddy Asha Latha, W/o. Satish Govindu Babu, Aged about 50 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Armavaram, D-No. 17-16-231, Beside S.B.I., Main Road, Yeleswaram, East Godavari District.
18.Smt. Karra Venkata Lakshmi, W/o. Balreddy, Aged about 47 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, Devaramadugula Village, Y. Ramavaram Mandal, East Godavari District.
19.Sri. Kondaveeti Satyanarayana, S/o. Krishna Murthy, Aged about 62 years, Pradhana Archaka, Ex-Officio Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, East Godavari District are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted. ~ The Court made the following: ORDER "Notice before admission.

Learned Government Pleader for Endowments takes notice on behalf of respondent Nos.1 and 2.

Sri Madhava Reddy, learned Standing Counsel, takes notice on behalf of respondent No.3 - Temple. | Sri Venugopal, learned Counsel, takes notice on behalf of respondent No.4. All the counsel seek time to file counter.

Counsel for the petitioner is permitted to take out personal notice on respondent Nos.5 to 19 by registered post acknowledgement due and file proof of service.

. ae List after three weeks. Sd/-M Ramesh Babu ASSISTANT REGISTRAR IITRUE COPYI// "LEI For ASSISTANT REGISTRAR To,

1. The Principal Secretary Revenue (Endowments) Department, Secretariat, State of Andhra Pradesh, Velagapudi, Guntur District. -

2. The Commissioner, Endowments Department, Gollapudi, Vijayawada. .

3. The Executive Officer, Sri. Veera Venkata Satyanarayana Swamy Vari a Devasthanam, Annavaram, East Godavari District.

SP

4. Sri. |.V. Rohith, S/o. Late 1.V. Rain Kumar, Age 30 Years, Recognized Founder ~ Family Member (FFM), Chairman of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, East Godavari Dist., R/o. Chennai, Tamil Nadu.

5. Smt. Sadhu Durga, W/o. S.V. Satyanarayana, Aged about 48 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, D-No. 11-55-21, Marwadi temple Street, Vijayawada-1.

6. Sri. Karri Bhami Reddy, S/o. Venkata Krishna Reddy, Aged about 68 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram,D-No. _13-5-1, Bhaskar Buildings, Behind Ramasomayajulu street, Chanakya Chandra Gupta Theatres, Kakinada, East Godavari District.

7. Sri. Kalaga Rama Jogeswara Sharma, S/o. Surya Prakasha Rao, Aged about 70 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Van Decvasthanam, Annavaram, D-No. 20-4, Brundavanam _ Colony, Payakaraopeta - 531126.

8. Sri. Vaasireddy Jagannadham, S/o. Venkateswarlu, Aged about 52 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, D-No. 2-285, Routhulapudi (V) and (M) - 533446

9. Smt. Natra Maheswari, W/o. Veeraju, Aged about 48 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, Telephone Exchange Road, Ballagate Centre, Mummidivaram, East Godavari District.

40. Sri. Gade Rajasekhar Reddy, S/o. Not Known, Aged about 55 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, Vallabhapuram Village, Kailipara Mandal, Guntur District - 522308.

41.Smt. Chitturi Savitri, W/o. Laxmana Rao Aged about 45 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, D-No. 2-5-42, Manugula Dibba, Behind M.R.O. Office, Samalkot - 533440

12.Smt. Appari Lakshmi, W/o. Venkateswara Rao @Bheekanna Aged about 60 years, Member of the Trust Board, Sri Veera Venkata SatyanarayanaSwamy Vari Devasthanam, Annavaram, D-No.10-447, Bhekkanna Hotel, S.K.B.R. College, Amalapuram, East Godavari District - 533201.

13.Sri. Mutyala Veerabhadra Rao, S/o. Veerraju, Aged about 59 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, Agraharam Street, Kothpeta, East Godavari District - 533

14.Sri. Moka Suryanarayana, S/o. Chanti Veeranna, Aged about 57 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, D-No. 5-49, Main Road, Sampara, Pedapudi Mandal.

15.Sri. Chaganti Venkata Suryanarayana, S/o. Gopala Krishna, Aged about 60 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, D-No. 5-160, Pallapu Veedhi, Karapa (V) and (M) - 533462

46.Smt. Muliki Suryavathi, W/o. Rama Krishna, Aged about 48 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, D-No. 4-5, Sivalayama Veedhi, P.E. Chinnnayapalem, Thondagi Mandal, East Godavari District - 533406. ,

17.Smt. Badireddy Asha Latha, W/o. Satish Govindu Babu, Aged about 50 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Armavaram, D-No- 17-16-231, Beside S.B.I., Main Road, Yeleswaram, East Godavari District.

48. Smt. Karra Venkata Lakshmi, W/o. Balreddy, Aged about 47 years, Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, Devaramadugula Village, Y. Ramavaram Mandal, East Godavari District.

19.Sri. Kondaveeti Satyanarayana, S/o. Krishna Murthy, Aged about 62 years, Pradhana Archaka, Ex-Officio Member of the Trust Board, Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, East Godavari District (1 to 19 by RPAD- along with a copy of petition and memorandum of grounds)

20.One CC to SRI V SR S NAIDU Advocate [OPUC]

214. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT]

22.One CC to Sri Madhava Reddy, Standing counsel [OPUC] ~

23.One CC to Sri Venugopal, Standing counsel [OPUC] _-~

24.One spare copy HIGH COURT KVLJ DATED: 13/08/2020 LIST AFTER THREE WEEKS NOTICE BEFORE ADMISSION WP.No.13812 of 2020