Andhra Pradesh High Court - Amravati
Gollapalli Chalapathi Sarma vs The State Of Ap on 5 February, 2024
Author: R. Raghunandan Rao
Bench: R. Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
Writ Appeal No.105 of 2024
Gollapalli Chalapathi Sarma,
S/o G. Venkata Ramana (Late),
Age: 41 Years, Occ. Hereditary Archaka in
Sri Lakshmi Ganapathi Swamy Temple,
Bikkavolu Village & Mandal,
East Godavari District & another.
... Appellants
Versus
The State of Andhra Pradesh,
Rep. by its Special Chief Secretary,
Revenue (Endowments) Department,
Secretariat, Velagapudi, Amaravati,
Guntur District & others.
...Respondents
Mr. D. V. Sasidhar, Counsel for the appellants.
Government Pleader for Endowments, Counsel for Respondent
Nos.1 to 3.
Mr.T. Balaji, Standing Counsel for respondent No.4.
Dt.:05.02.2024
P.C:-
The present Letters Patent Appeal has been preferred against
the judgment and order, dated 30.01.2024, passed in W.P. No.2137
of 2024. The petitioners/appellants herein challenged the action of
respondent No.4 in conducting an auction in respect of offerings of
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WA.No.105_2024
coconut halves, jaggery, alum jaggery and clothes/vastrams for a
period of one year. The petitioners, who claim to be Archakas and
claim right and entitlement to the said offerings, state that they
have right to such offerings inasmuch as it is stated that no scheme
has been prepared in terms of proviso (2) to Section 144 of the
Andhra Pradesh Charitable and Hindu Religious Institutions and
Endowments Act, 1987, by the Endowments Commissioner, much
less has any approval been granted to the same by the Dharmika
Parishad. It is stated that in the absence of any such scheme, the
temple authorities could not have initiated any such auction
process, more so when the amount being paid to petitioner No.1 was
only Rs.20,000/-, which is not as per the scale of pay given to other
Archakas and similarly situate temples.
2. Learned Standing Counsel for respondent No.4/Temple states
that auction proceedings are already complete and that the highest
bid that has been received is for an amount of Rs.8,40,000/-, which
has been accepted.
3. We have also noticed that the matter is still pending before
the learned single Judge, and the next date has been ordered to be
fixed after eight weeks pending the filing of counter. Having heard
the learned counsel for the parties, in our opinion, it would be just
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WA.No.105_2024
and proper to order that at least 50% of the auction amount be kept
aside till such time as the matter is considered again by the learned
single Judge in W.P. No.2137 of 2024. In that view of the matter,
the Writ Appeal is disposed of. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J
AKN
41 4 HCJ & RRR,J
WA.No.105_2024
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
Dt: 05.02.2024
AKN
