Andhra Pradesh High Court - Amravati
P V Midhun Reddy vs The State Of Andhra Pradesh And Others on 4 October, 2024
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
APHC010446372024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3488]
(Special Original Jurisdiction)
FRIDAY ,THE FOURTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT APPEAL NO: 841 & 842 of 2024
Between:
P V Midhun Reddy ...APPELLANT
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Appellant:
1. K RAGHU VEER
Counsel for the Respondent(S):
1. GP FOR GENERAL ADMINISTRATION
2. GP FOR ENDOWMENTS
The Court made the following order:
The appellant, who is a Member of Parliament had approached this
Court, by way of W.P.No.22555 of 2024, claiming that he was not being given
due importance and that the protocol set out under G.O.Ms.No.59, dated
11.04.2018 was not being followed in the function being organized today in Sri
Boyakonda Gangamma Temple, Diguvapalle on the occasion of Dasara. The
appellant has a further complaint that the 6th respondent has been given
undue importance even though he does not hold any political office or any
position in the government.
A learned Single Judge of this Court dismissed this writ petition, by way
of an order dated 03.10.2024 holding that a function organized by a temple
would not be a government function to which G.O.Ms.No.59 dated 11.04.2018
would be applicable. The learned Single Judge also took the view that
G.O.Rt.No.888 dated 26.09.2023 empowers the government to have
discretion in the matter.
The appellant being aggrieved by the said judgment has approached
this Court, by way of the present appeal.
Sri K.G. Krishna Murthy, the learned Senior Counsel appearing for the
appellant would contend that the 6th respondent who does not hold any
political office or any position in the government is being given importance
over and above the appellant who is a member of parliament and is one of the
persons enumerated in the warrant of precedence in G.O.Ms.No.59 dated
11.04.2018.
The learned Government Pleader submits that the function was to be
held today and as the function of presenting clothes to the deity is being done
today and it has been completed.
Sri K.G. Krishna Murthy, learned Senior Counsel submits that the
function is yet to commence and it has not been completed.
It would be difficult to stop the entire function at this stage as it would
hurt the sentiments of the devotees of the temple. However, this Writ Appeal
raises more important questions as to why temple funds are being utilized to
propitiate political figures. It is time that a comprehensive review of the
manner in which such functions are being conducted and the manner in
which funds, donated by devotees, out of their devotion to a particular deity,
are being spent at the discretion of secular officers, who have no connection
to the religious affairs of any temple, in this manner.
For the aforesaid reasons, it is directed, as a preliminary measure, that
the 5th respondent-Executive Officer shall not expend any money of the
temple in any function connected to the present Dasara celebrations, in which
political figures are being invited for performing any act of devotion, in the
temple.
Post on 24.10.2024, for the learned Government Pleader to place on
record, the policy of the government, and more specifically, Endowment
Department, as to the question of whether such funds can be spent in this
manner.
R RAGHUNANDAN RAO,J
HARINATH.N,J
RJS
