Citation : 2024 Latest Caselaw 4814 AP
Judgement Date : 26 June, 2024
APHC010515472023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
WEDNESDAY ,THE TWENTY SIXTH DAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 27267/2023
Between:
Patangi Maruti ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. M M M SRINIVASA RAO Counsel for the Respondent(S):
1. P PADMAVATHI
2. P HEMACHANDRA
3. GP FOR ENDOWMENTS The Court made the following Order:
This writ petition is filed declaring the action of the respondents 1 to 3 in
not considering the petitioner's representation dated 28.07.2023 regarding
petitioner's grievance on the respondent No.4 about his rude behaviour, who
is working in the temple as ex-facie, as illegal and arbitrary and consequential
direction to the respondents 1 to 3 to take appropriate steps against the 4 th
respondent.
2. Heard M.M.M.Srinivasa Rao, learned counsel for the petitioner and the
learned Assistant Government Pleader for Endowments, representing the 1st
and 2nd respondents as well as Ms.Padamavati Padnavees, learned Standing
Counsel representing the 3rd and 5th respondents.
3. Learned counsel for the petitioner submits that the 4th respondent is
working as Attender in Venugopala Swamy Temple, Nemali Village,
Gampalagudem Mandal, NTR district, behaving rudely with the devotees and
also also mis-behaving with the women devotees also and the 4th respondent
even consuming alcohol in duty hours. Aggrieved by the behaviour of 4th
respondent, the petitioner informed this matter to the pandits of the temple
and they stated that they informed to then high higher authorities. Even after
complaining to temple authorities, there is no change in 4th respondent's
behaviour. When the petitioner enquired about 4th respondent, he came to
know that the 4th respondent is about 63 years and according to government
guidelines, the retirement age is 60 years, but by submitting false date of birth
certificate, the 4th respondent continuing in the duties. As such, the petitioner
made a representation dated 28.07.2023 to the respondent Nos.2 and 3 with
above stated averments, but the respondents are not considering the
representation and not disposing the same. He further submits that if no action
is initiated against the 4th respondent, the pride and integrity of the temple will
ruin and the devotees who come from various place will face difficulties regarding his behaviour. He further submits that, in view of the judgment of the
Apex Court in the case of The Government of India v. P.Venkatesh 1 ,
wherein the Apex Court held that such orders may make for a quick or easy
disposal of cases in overburdened adjudicatory institutions. But, they do no
service to the cause of justice. Therefore, learned counsel requests this Court
to issue direction to the respondents to dispose of the petitioner's
representation.
4. Learned Assistant Government Pleader for Endowments and learned
Standing Counsel appearing for the respondent Nos.3 and 5 readily agreed to
dispose of the representation dated 28.07.2023 submitted by the petitioner.
5. On hearing the submissions of all the counsel, without going into other
aspects, the respondent Nos.2 and 3 are directed to consider the
representation submitted by the petitioner dated 28.07.2023 regarding the 4th
respondent's rude behaviour, who is working as attender in the temple, by
giving opportunity to the 4th respondent and pass appropriate orders, within a
period of six (06) weeks from the date of receipt of a copy of this order.
6. With the above direction, the writ petition is disposed of.
There shall be no order as to costs.
2019 (8) SCALE 544 As a sequel, miscellaneous applications pending, if any, shall stand
closed.
__________________________ Dr. K. MANMADHA RAO, J BMS
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