Allowed

Chellambeti Vasu v. the State of Andhra Pradeh

Andhra Pradesh HC14 Aug 2023WP/12141/2022

Case brief

AI extract

What is this about?

The High Court declared as arbitrary the publication of a temple and appointment of an Executive Officer without prior registration. The petitioner, an Archaka, challenged the impermissibility of publishing the temple under Section 6(c) without registration under Section 43 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.

What did the court decide?

Published the Temple and appointing Executive Officer orders set aside; direction to register Temple under Section 43 of the Act first.

Chellambeti Vasu Vs the State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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MONDAY. THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 12141 OF 2022

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Between:

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Chellan^eti Vasu, S/o. Late Venkaiah, Aged 49 years, Occ Archaka R/o 3-3-213 Vasavi Temple, Naidupet Post, Nellore District - 524 126. ’

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AND

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...PETITIONER

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Secretary. Revenue

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(Endowments) Department, Velgapudi. Amaravathi, Guntur District

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2. Endowments Department. Gollapudi. Vijayawada,’

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i\fisnna uistnct. ChTttoor^DisW^Commissioner. Endowments Department, Tirupathi.

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1 Th^ Commissioner. Endowments Department Guntur

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•fi ThZ c®®'®^rf^^ ^mmissioner. Endowments Department. Nellore DiSr^tOfficer, Naidupet Group Temples. Naidupet. SPSR Nellore

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« -8 -828,

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(R7 IS impleaded as per CO dt 16/11/2022 vide lA 03/2022)

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India prayinq that in the the High^Court may of O'” direction more particularly one in the nature of^wrt proceedings in Rc. NiT2/COEm02^2?6So22 dated^^^^ SnffTm m h® ^en’Pte as bad“ arWtX procedure prescribed under Andhra Pradesh Charitahl#» anri indu Religious Institutions and Endowments Act, 1987 violative of princioles of

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lA NO: 1 OF 2022

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in the SvH circumstances stated the affidavit filed in support of the petition, the High Court may be pleased to

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impugned proceedings of the 2nd respondent Rc. No. E2/COE/14022/6/2022 dated 26-2-2022 and pass such other orders in the interest of justice

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lA NO: 2 OF 2022

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Between:

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DiSrid’"’'"'®®”'’®'' E'®'^^ Department, Gollapudi, Vijayawada, Krishna

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AND •■•Petitioner/2"'' Respondent

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2n * vSSi y®®’’®' O®®- Archaka, R/o.3-3213, Vasavi Temple, Naidupet Post, Nellore District - 524 126.

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of Andhra Pradeh, Rep. by the Principal SecretS7"Revenue*'*'°"®'^

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o Department, Velgapudi, Amaravathi, Guntur District Chrttoor^DisWct°"^* Commissioner, Endowments Department, Tirupathi,

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k’ Tk® C^missioner, Endowments Department Guntur 5. The Assistant (^mmissioner. Endowments Department, Nellore °^'®®'’’ Naidupet Group Temples, Naidupet, SPSR Nellore

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uisinci.

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(Respondents R2 to R6 not necwsary parties) •••R®®P®"<^«"te'R®®Pondents

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in the f Section 151 CPC praying that in the circumstances stated taint fh^ J in support of the petition, the High Court may be pleased to the interim order passed in lA M2Q22 in WP. 12141/2022 dated 28-042022 and dismiss this writ petition as devoid of merits.

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Counsel for the Petitionerfs): SRI. D V SASIDHAR

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° '^'“*' endowments r'M T AUAOCCIVIAKcGIUN)**

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Counsel for the Respondents 1 to 5 : GP FOR ENDOWMENTS

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH ; AMARAVATI THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No. 12141 OF 2022

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Chellambeti Vasu, S/o Late Venkaiah, Aged 49 years, Occ: Archaka, R/o 3-3-213, Vasavi Temple, Naidupet Post, Nellore District-524 126.

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... Petitioner

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Versus

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The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue(Endowments)Department, Secretariat, Velagapudi, Amaravati, Guntur District and six (6) others.

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... Respondents

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Counsels for the petitioner : Sri D.V.Sasidhar

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Counsel for respondents : GP for Endowments

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ORDER

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The writ petition is filed under Article 226 of the constitution of India to declare, the proceedings in R.Dis.No.Jl/1141/2021, dated 24/12/2021 issued by the 2*id respondent publishing Sri Manasa Devi Ammavari Temple (Grama Sakathi Masalamma Temple) Naidupet Town and Mandal, SPSR Nellore District under Section 6{c) of Andhra Pradesh Charitable and Hindu Religious Institutions and

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) 5

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Page 2 of 9

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SRS, J W.P.No.12141/2022

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Endowments Act, 1987 (for short “the Act”) and consequential proceedings inRc.No.E2/COE/14022/6/2022 dated 26.02.2022 appointing the 6^1 respondent as Executive Officer of the subject Temple, as illegal and arbitrary.

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In the affidavit, it was contended, inter alia, that the subject Temple was constructed by the petitioner’s forefathers in 20 Sq.yards in R.S.No.75/1 of Naidupet Town and Mandal, SPSR Nellore District. Later, the petitioner got the Temple and reconstructed in 80 Sq.yards of land and has been managing the affairs of the Temple and also rendering Archakatvam services hereditarily. The 2^^ respondent-Commissioner of Endowments published the subject Temple under Section 6(c) of the Act on 24.12.2021. Thereafter, the 2''^ respondent appointed the 6^ respondent as Executive Officer of the Temple vide proceedings dated 26.02.2022. Aggrieved by the same, the above writ petition is filed.

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The 2nd respondent filed counter-affidavit. It was contended inter alia that the Assistant Commissioner of Endowments Department, Nellore submitted report to the office of the 2nd respondent in Rc.No.A2/ACEDNL-GVS/14/2019, dated 04.03.2021 stating that the Inspector, Endowments

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Page 3 of 9

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SRS,J

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W.P.No.12141/2022

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Department, Gudur inspected the Temple and submitted his report. The Temple was constructed 100 years back and the villagers reconstructed the Temple with donations raised by them and performed Kumbhabishekam in the year 2017, The person-in-management of the Temple has installed two hundies in the Temple. The Temple was reconstructed after receipt of funds from the general public and the villagers. Utsavams are being performed with the own funds of Ubhayamdars.

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(a) The villagers expressed apprehension over the possible threat of encroachments of the Temple land since it is situated in prime location i.e., besides the National Highway leading to Tirupati and requested to take over the Temple land in question under the Endowments Department. In the circumstances, Temple was published under Section 6(c)(ii) of the Act 30 of 1987 and accordingly, orders were issued on 24.12.2021. Complaints were received regarding mis-management. The 2^^ respondent initiated steps to register the Temple in question under Section 44 of the Act by following the procedure and eventually prayed to dismiss the writ petition.

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1.-.

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Endowments appearing for

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Page 4 of 9

SRS, J W.P.No.12141/2022

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the respondents 1 to 6 and Sri T.D.Phani Kumar, learned counsel appearing for the 7th respondent.

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5. Learned counsel for the petitioner would contend that the Temple was not registered under Section 43 of the Act. Unless the Temple is registered under Section 43 of the Act. publication of the Temple does not arise. He would also point out that the publication without registration of the Act is continty to the order dated 22.11.2021 in W.P.No.l0283 of 2021 and thus, prayed to set aside the proceedings impugned.

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6. Learned Assistant Government Pleader on the other hand would contend that to saft teguard the property of the Tempi le, the Temple was published under Section 6(c) of the Act. He would also contend that the trustees of the Temple are mis-managing the affairs of the Temple. Further, the 2m respondent, in fact has taken steps to register the Temple by invoking Section 44 of the Act. Notice was issued on 10.08.2022. Since the petitioner refused to receive the notice, the same was pasted on the waH of the Temple.

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learned counsel for the 7^ respondent would contend that the petitioner is not acting as Archaka of the subject Temple. He

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Page 5 of 9

SRS, J W.P.No.12141/2022

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would further contend that land to an extent of 133.77 Sq.yards in Sy.No.82/1 was purchased in the name of Temple by A.Subramanyam from one Smt.Potugunta Renuka under registered sale deed dated 31.12.2021.

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The point for consideration is:

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Whether the publication of the Temple under Section 6(c)(ii) of the Act without registering the Temple is permissible?

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In W.P.No. 10282 of 2021, learned Single Judge of this Court while disposing of the writ petition whereunder the Commissioner published the Temple under Section 6(c) (ii) of the

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Act held at Para No.23 as under:

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“23. The procedure to be followed for registration/publication of institutions under the Endowments Act, 1987 can be summed up as follows:

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A) i) where an application is made under Section 43(4) of the Act, 1987, die registering authority shall issue personal notice, to such persons having interest as are within the knowledge of the registering authority and also publish a notice in the local newspapers giving, all persons having interest in the institution, an opportunity to put-forlh their views and objections.

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ii) After affording an adequate opportunity to all such persons, the registering authority shall take a decision whether the institution has to be registered or not. If a

iWSS^

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SRS,J W.P.No.12141/2022

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decision is taken to register the institution, the registering authority shall register the same after filling in all the necessary details required under Section 43(4) of the Act.

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B) Where the registration is carried out under Section 44 of the Act, the foUowing procedure shall be followed:

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i) The Jurisdictional Assistant Commissioner either suo motu or on such information that is given to him, shall give a report to the Commissioner, Endowments detailing the institution that requires to be registered and the names of the person or persons, who have failed to approach the competent Jurisdictional Assistant Commissioner under Section 43 of the Act.

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Upon such information being given by the Assistant Commissioner, or being received from any other source, the Commissioner shall issue notices under Form-II to all persons, who are in default, to file an application for registration within the time given in the notice.

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iii) The Commissioner shaU also issue notices to all persons having interest in the institution either by way of personal notice or by way of pubfication of the notice in the local news papers or both, giving opportunity to such persons to put-forth their views and objections on the aspect of registration as well as the details which are to be contained under Section 43(4) of the Act.

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•••

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iv) The Trustees, persons in management and / or the persons having interest are entitled to file their objections in relation to the question of whether the said Institution is liable to be registered and/ or the details

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Page 7 of 9

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SRS, J W.P.No.12141/2022

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that are required to be included in the register under Section 43 of the Act. They may also place such material as they deem necessary before the Commissioner. After giving adequate opportunity for all such objections to be filed, the Commissioner after considering these objections and material submitted by the objectors and after such enquiry as may be deemed fit, shall take a decision as to whether the institution is to be registered or not and the details that need to be registered under Section 43(4) of the Act. This process shall be done at the cost of the institution.

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C) After such registration, the income of the institution is to be assessed under Section 65 of the Act, 1987.

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D) Basing upon the. quantum of income assessed under Section 65 of the Act, 1987, the institution is to be published by the appropriate authority on the basis of the calculation done according to the income of the institution.

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Both the counsels would submit that no appeal was filed against the order of the learned Single Judge. As seen from the. counter filed by the 2^^ respondent, the 2^^ respondent did not take any steps to register the Temple under Section 43 of the Act. However, learned Assistant Government Pleader would submit that notice was issued on 10.08.2022 and the same was pasted on the wall of the Temple.

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Page 8 of 9

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SRS, J W.P.No.12141/2022

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In view of the fact that the Temple was not registered under Section 43 of the Act, the Writ. Petition is disposed of directing the 2"’’ respondent to register the Temple under Section 43 of the Act in the first instance by following the procedure. The 2"'* respondent shall also enquire whether the petitioner is managing or any other person is managing the affairs of the subject Temple. The 2"‘> respondent shall issue notice to the person interested (Trustee/Archaka or any person interested) and register the Temple as per the procedure. Thereafter publish the Temple. The proceedings in R.Dis.No. JI/1141/2021, dated 24-12-2021 publishing the Temple and consequential proceedings Rc.No. E2/COE/14022/6/2022 dated 26-2-2022 are set aside.

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With the above directions, the Writ Petition is disposed of.

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No order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall

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stand dismissed.

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SD/- M. SRINIVAS ASSISTANT REGISTRAR I //TRUE COPY// ECTI OFFICER

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To, 1. The Principal Secretary, Revenue (Endowments) Department, State of Andhra Pradeh, Velgapudi, Amaravathi, Guntur District.

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1. The Commissioner, Endowments Department, Gollapudi, Vijayawada, Krishna District.

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The Regional Joint Commissioner, Endowments Department, Tirupathi, Chittoor District.

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The Deputy Commissioner, Endowments Department Guntur. 5. The Assistant Commissioner, Endowments Department, Nellore 6. The Executive Officer, Naidupet Group Temples, Naidupet, SPSR Nellore District.

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One CC to SRI. D V SASIDHAR Advocate [OPUC] 8. One CC to SRI. G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMAREGION) Advocate [OPUC]

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Two CCs to GP FOR ENDOWMENTS, High Courtof Andhra Pradesh. [OUT] 10. Two CD Copies MSR „

HIGH COURT

DATED:14/08/2023

ORDER

WP.No.12141 of 2022

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DISPOSING THE WP WITHOUT COSTS

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Ai
(T1
g 0 9 OCT 2023

Chellambeti Vasu v. the State of Andhra Pradeh

Case brief

What is this about?

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Chellambeti Vasu v. the State of Andhra Pradeh

Case brief

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