Andhra Pradesh High Court - Amravati

Sri Shiridi Anand Sai Seva ... vs The State Of Andhra Pradesh, on 22 July, 2021

Bench: R Raghunandan Rao

4.

   
  

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT

(SPECIAL ORIGINAL JURISDICTION) yO
THURSDAY, THE TWENTY SECOND DAY OF JULY, TWO THOUSAND AND TWENTY ORE.
:PRESENT:

THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No. 12250 of 2021
Between:
Sri Shiridi Anand Sai Seva Committee, Rep. by its President, Sri Nakirikanti Srinivas
Rao, S/o. Sri Seetaramanjaneyulu, Aged about 58 years, Rio. Sitaramapuram,
Jaggayyapet Town and Mandal, Krishna District.
Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government,
Endowments Department, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Commissioner of Endowments, Government of Andhra Pradesh, Gollapudi,.
Vijayawada, Krishna District.
3. The Assistant Commissioner of Endowments, Vijayawada, Krishna District.
4, The Inspector of Endowments, Nandigama, Krishna District.
... Respondents

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, order or direction more particularly one in the nature of WRIT OF MANDAMUS

{a) Declaring the action of the Respondent No.2 in issuing the

publication under Section 6(c}(ii) of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, as illegal, arbitrary and without any jurisdiction and

({b) Further declare the action of the Respondent No.2 in issuing the

Order, dated 19.05.2021, vide Re. No. E2/15021/111/2021, whereby an executive officer has been appointed for the purposes of safeguarding and taking possession of the Sai Baba Mandir run by the Petitioner Society in Jagayyapet (T&M), Krishna District as illegal, arbitrary, against the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and violative of Article 14 of the Constitution of India and consequently

i. Quash the publication issued by the Respondent No.2, vide Procs.Rc.No.J4/COE-594/2020, dated 29.10.2020.

ii. quash the order passed by the Respondent No.2, vide Rc.No.E2/15021/111+2021, dated 19.05.2021. .

(Prayer is amended as per Court Order dt. 22-07-2021 in 1.A.No.2 of 2021) L.A.No. 1 of 2021 :-

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of W.P., the High Court may be pleased to suspend the operation of order passed in Rc. No. E2/ $5021/111/2021, dt. 19.05.2021 issued by the 2° Respondent, pending disposal of W.P.No. 12250 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and order dt. 12-07-2021 made herein and order dt. 15-07-2021 made in |.A.No. 3 of 2021 and upon hearing the arguments of Sri V.N.V. Surya Dattu, Advocate for the Petitioner and of the Govt. Pleader for Endowments on behalf of respondents, and the Court made the following

Contd.2....

ORDER :-

"Mr.Sravan Gandikota is appearing party-in-person and has stated that Mr.V¥. Madhu, learned counsel would not be representing him as the vakalat has been withdrawn. igs

Registry to remove the name of Mr. V.Madhu and print the name of Mr.Sravan Gandikota, party-in-person.

The petitioner which is styled as Sri Shirdi Anand Sai Seva Committee has filed the present writ petition. The petitioner is aggrieved by the proceedings of the Commissioner, Endowments Department in Rc.No.E2/15021/111/2021, dated 19.05.2021 appointing an Executive Officer to Sri Anjaneya Swamy Temple and Sri Anandasai Temple, Satyanarayanapuram, Jaggaiahpeta (T&M), Krishna District.

It is the case of the petitioner that Sri Anandasai Temple is a temple dedicated to Sri Shridi Sai Baba and the same cannot be treated as a temple falling under the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 (for short 'the Act') and consequently no Executive Officer can be appointed to the said temple.

After filing of the writ petition, the petitioner has also filed L.A.No.2 of 2021 te amend the prayer in the writ petition, so as to enable the petitioner to challenge even the registration of the said temple under Section 43 of the Endowments Act.

Mr.VNV Surya Dattu, learned counsel for the petitioner relies upon G.O.Ms.No.1752, Revenue(Endowments-I/l), dated 24.10.2006 and the Judgment of the erstwhile High Court of Andhra Pradesh and Telangana in W.P.No.10524 of 2008 to contend that Executive Officers or trustees cannot be appointed to temples, which are dedicated to Sri Shirid: Sai Baba.

The learned Government Pleader for Endowments submits that even though there is a prohibition against the appointment of Trustees and Executive Officers in such places or worship. The main temple in the present case is Sri Anjaneya Swamy Temple and Sri Shiridi Sai Baba temple is a subsidiary temple. She submits that in the circumstances, the contention raised by the learned counsel for the petitioner is not tenable.

Sri Sravan Gandikota, who is seeking to implead himself as a respondent in the writ petition, submits that there are disputes relating to the property belonging to the temple and the appointment of an Executive Officer is necessary to safeguard the interests of the temple.

Mr.VNV Surya Dattu, learned counsel for the petitioner submits that Sri Shiridi Sai Baba temple is situated in an extent of 498 sq.yards and 106 sq.yards of land and the petitioner committee is not interested in any other landed property of Sri Anjaneya Swamy temple.

In reply, the learned Government Pleader would submit that in fact the main temple is Sri Seetha Rama Swamy Temple, for which, Sri Anjaneya Swamy Temple and Sri Shiridi Ananda Sai Temple are sub temples. She further submits that all the land belongs to Sri Seetha Rama Swamy Temple.

Without going into these rival submissions, it would be appropriate to set up an interim arrangement pending disposal of the writ petition.

Contd..3...

- 3 -

Accordingly, the Executive Officer appointed under the impugned proceedings in Rc.No.£2/15021/111/2021, dated 19.05.2021, shall act as Executive officer of Sri Anjaneya Swamy Temple and shall be entitled to discharge all functions, that an Executive Officer is expected to discharge under the Endowments Act, in relation to the affairs and properties of Sri Anjaneya Swamy Temple. The petitioner shall not be entitled to make any claim in relation to any of the properties of Sri Seetha Rama Swamy Temple or Sri Anjaneya Swamy Temple outside the extent of 498 sq.yards and 106 sq.yards, on which Sri Shiridi Sai Baba Temple is situated." a |

SDi- CHITT] JOSEPH ASSISTANT REGISTRAR {TRUE COPY// An

SECTION OFFICER.

1.The Principal Secretary to Government, Endowments Department,

State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.

2. The Commissioner of Endowments, Government of Andhra Pradesh, Gollapud,

Vijayawada, Krishna District.

3. The Assistant Commissioner of Endowments, Vijayawada, Krishna District.

4.The Inspector of Endowments, Nandigama, Krishna District.

(Addressee Nos. 1 to 4 by RPAD)

5 Two CCs to the G.P. for Endowments, High Court of A.P., at Amaravati.

6.One CC to Sri V.N.V. Surya Dattu, Advacate(OPUC)

7.QOne spare copy.