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Andhra Pradesh High Court - Amravati

K B Sethuraman vs The State Of Ap on 27 January, 2022

Author: Prashant Kumar Mishra

Bench: Prashant Kumar Mishra

                                                                                4 to 6
           HIGH COURT OF ANDHRA PRADESH : AMARAVATI

MAIN CASE: W.P(PIL)No.231 of 2020, W.P.Nos.5105 of 2019 and
           806 of 2021


                            PROCEEDINGS SHEET


Sl.     DATE                                  ORDER                             OFFICE
No.                                                                              NOTE
 6    27.01.2022
                                     (Through Virtual Mode)

                       I.A.No.1 of 2022 in W.P(PIL)No.231 of 2020


                       This application is filed by the implead petitioner,
                   who has preferred separate writ petitions bearing
                   W.P.Nos.5105 of 2019 and 806 of 2021.
                       Sri P. Sri Raghu Ram, learned senior counsel,
                   appearing for the newly impleaded respondent No.4 / Sri

Ahobila Mutt Parampara Adheena, who is the writ petitioner in W.P.No.806 of 2021, submits that this Court's interim order dated 16.12.2021 is not workable and has the effect of creating complications in continuing affairs of the Mutt.

Sri C. R. Sridharan, learned senior counsel, appearing for the petitioner in WP(PIL)No.231 of 2020, would support the contention raised by Mr. P. Sri Raghu Ram, learned senior counsel.

In W.P.No.806 of 2021, this Court passed the following order on 07.04.2021:

"Heard learned senior counsel Sri P. Sri Raghu Ram for the petitioner and learned Government Pleader for Endowments who seeks time to file a detailed counter.
The interim prayer is as follows:
"To direct the respondent No.3 not to take part in affairs of the administration of Ahobhilam Devasthanam except under the control and supervision of the Ahobilam Mutt pending disposal of the main writ petition and pass..."

On 07.01.2021, this Court directed that there shall be an interim direction as prayed for.

In view of what is submitted by the learned senior counsel, it is clarified / amplified that the order dated 07.01.2021 is an interim direction as prayed for, which necessarily means Sl. DATE ORDER OFFICE No. NOTE that respondent No.3 should not take part in the affairs in the administration of the Ahobhilam Devasthanam except under the control and the supervision of the Ahobhilam Mutt, pending disposal of the main writ petition.

Therefore, the order dated 07.01.2021 is amplified/ clarified directing respondent No.3 to act strictly in all matters under the control and supervision of the Mutt.

List on 14.06.2021."

Having heard the learned counsel for the parties on the prayer for modification, it appears that the interim arrangement by the Division Bench, vide order dated 16.12.2021 in W.P(PIL)No.231 of 2020, in addition to the interim order passed in W.P.No.806 of 2021, has the effect of complicating the manner in which bank account of the Mutt is to be operated. Moreover, in G.O.Rt.No.6, Revenue (Vigilance.IV) Department, dated 02.01.2018, interim arrangement was already made by the Government, which is more or less same, as has been directed by this Court in W.P.No.806 of 2021. In the circumstances, we recall last papragraph of the order dated 16.12.2021 passed in W.P(PIL)No.231 of 2020 and direct that the order dated 07.04.2021 passed in W.P.No.806 of 2021 shall remain in operation till further orders.

Accordingly, I.A.No.1 of 2022 is disposed of.

W.P(PIL)No.231 of 2020, W.P.Nos.5105 of 2019 and 806 of 2021 Post these cases on 22.02.2022 Let counter-affidavit(s) be filed in the meantime.




             PRASHANT KUMAR MISHRA, CJ           M. SATYANARAYANA MURTHY, J

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