Disposed

Shri Shyam Das Ji v. The State of Andhra Pradesh.

Andhra Pradesh HC8 Sept 2023WP/18578/2023

Case brief

AI extract

What is this about?

This writ petition challenged the appointment of a Fit Person to administer Shri Haathiram ji Mutt. The High Court, without deciding merits, directed the Principal Secretary to consider all pending applications for 'Interim Mahant' appointment under Section 52 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, within four months. The petition was disposed w

What did the court decide?

Directed the Principal Secretary to consider all pending applications for 'Interim Mahant' appointment within four months.

Shri Shyam Das Ji 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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FRIDAY, THE EIGHTH DAY OF SEPTEMBER r ' . fi<br>TWO THOUSAND AND TWENTY THREE i" ; :- ';

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PRESENT

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THE HONOURABLE SRI JUSTICE^{SUBBA REDDY SATTL':...}

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WRIT PETITION NO: 18578 OF 2023

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Between:

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Shri Shyam Das Ji, Virakt disciple of (Late) Shri^{Devendra Das ji, Hindu, Aged about} 51 years Rio. Shri Haathiram ji Mutt, Tirumalai,^{Tirupathi,ChittoorDistrict,Andhra} Pradesh.

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...PETITIONER

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AND

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The State of Andhra Pradesh., Rep. by its Principal Secretary, (Revenue (Endowments II) Department, Secretariat, Velagapudi, Amaravati, Guntur District, State of Andhra Pradesh.

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The Dharmika Parishad, . Rep. by its Member Secretary, Gollapudi, Vijayawada, Krishna District, Andhra Pradesh.

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The Commissioner of Endowments, Government of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District.

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The Regional Joint Commissioner, Endowment Department, Multi Zone II, Tirupathi, Chittoor Distrit, Andhra Pradesh.

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Mr. K.Ramesh Naidu, Deputy Collector Presently working as Executive Officer, Sri Tirupathamma Ammavari Temple, Penugranchiprolu, Krishna District-521190

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...RESPONDENTS

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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 Writ, order or Direction more particularly one in the nature of{~ Writ of Mandamus declaring the Proceedings of Respondent No. 2 / Member' Secretary of Dharmika Parishad, Vijayawada in Rc. No.DP1/19027(37)18/2018-3 dt.11/06/2023. appointing Respondent No. 5 / Sri K-Ramesh Naidu as Fit Person to administer and manage the secular affairs, of Shri Haathiram ji Mutt, Tirupathi and also for non consideration of Petitioner's Representation dt.08/07/2023 and his earlier other Representations given to the Dharmika Parishad, Vijayawada. requesting to appoint him as 'INTERIM MAHANV as per Section 52 of Act No. 30 of 1987. as illegal, arbitrary, unreasonable and unjustifiable and in violation of Principles of Natural Justice and^also against the Judgement dt.07.09.2006 reported in Shri Haathiram ji^Mutt Case and the Judgement dt.13.10.2022 reported in Shri Ahobilam Mutt Case delivered by this Honourable Court of

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Andhra Pradesh. and consequently to direct the Respondent Authorities to Appoint the Petitioner as 'INTERIM MAHANT' by quashing the Proceedings of Respondent No. 2 and for a direction to consider his Representation dt.08/07/2023. appointing him as 'INTERIM MAHANT' as per Section 52 of A P C & H R I & E ACT, 1987 (Shortly Act No. 30 of 1987), on removal of the Fit Person, by dropping the Proceedings bearing Rc. No.DP1/19027(37)/8/2018-3 dt.11/06/2023, till pending finalization of above Writ Petition, in the interest of Justice.

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IA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Authorities to consider forthwith the Petitioner's Representation dt.08/07/2023. appointing him as 'INTERIM MAHANT as per Section 52 of A P C & H R I & E ACT, 1987 ( Shortly Act No. 30 of 1987), on removal of the Fit Person by dropping the Proceedings bearing Rc.No.DP1/19027(37)/8/2018-3 dt.11/06/2023, till pending finalization of above Writ Petition, in the interest of Justice.

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Counsel for the Petitioner(s) : SRI. A RAVEENDRA BABU

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Counsel for the Respondents 1 to 4: GP FOR REVENUE (ENDOWMENTS)

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Counsel for the Respondent No.5 : NONE APPEARED

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The Court made the following : ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.18578 OF 2023

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Shri Shyam Das ji, Virakt Disciple of late Shri Devendra Das ji, Hindu, Aged about 51 years, R/o Shri Haathiram ji Mutt, Tirumala Tirupathi, Chittoor District, Andhra Pradesh

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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 II) Department, Secretariat Buildings, Amaravati, Guntur District and four (4) others.

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Respondents

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Counsels for the petitioners : Sri A.Ravindra Babu

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Counsel for respondents : GP for Revenue and 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 of the^2nd respondent in appointing the 5t respondent as Fit Person to administer and manage the regular affairs of Shri Haathiram

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Page 2 of 5

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SRS, J W. P.No.18578/2023

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ji Mutta, Tirupati and, non-consideration the representation dated 08.07.2023 made by the petitioner to appoint him as `Interim Mahant", as illegal and arbitrary.

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The case of the petitioner, in brief, is that the Mahant of Shri Haathiram ji Mutt, Tirupati was suspended on 08.06.2023. The 2nd respondent appointed the 5th respondent to run the administration of the institution. Petitioner, one of the disciples, made representation dated 08.07.2023 to appoint him as "Interim Mahant" as per Section 52 of A.P.Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short `Act 30 of 1987'). Complaining the inaction of the respondent authorities, the above writ petition was filed.

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Initially, counter-affidavit was filed by the respondents 2 and 3 raising so many points. Later, learned Government Pleader on instructions would submit that apart from the petitioner, Sri Vijaya Kumar Jyoshi alias Briz Mohan Doss Alias Annapoorna Doss, Sri Arun Doss, Sri Ram Vilas Doss Vedanthi and Sri Satyendra Doss made representations

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Page 3 of 5

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SRS, J W. P. No. 18578/2023

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requesting the authority to appoint them as `interim Mahanth'. Learned Government Pleader would submit that all the applications including the application of the petitioner are before the^2nd respondent for consideration.

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(a) Learned Government Pleader would further submit that the copies of the representations submitted by the petitioner and other persons were sent to the 1St respondent to submit a detailed report. After receipt of the report, the^2nd respondent will pass appropriate orders keeping in view Section 52 of the Act. Learned Government Pleader would also submit that the 2nd respondent will try to complete the process within a period of three (3) months.

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Considering the above submission of the learned government pleader and in view of the facts and circumstances of the case, without going into the merits of the matter, this Court deems it appropriate to direct the^2nd respondent to consider appointment of eligible disciples, whose applications are pending consideration, for appointment as "Interim Mahant" keeping in view, Section 52

Page 4 of 5

SRS,1

W. P. No.185 78/2023

of the Act, within a period of four (4) months from the date of

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receipt of the order.

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With the above direction, this Writ Petition is disposed

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of. No order as to costs.

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As a sequel, pending miscellaneous petitions, if any,

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shall stand dismissed.

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SDI- K. TATA RAO DEPUTY REGISTRAR

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//TRUE COPY//

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7'7 'SECTI~D LOFFICER

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To,

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The Principal Secretary, (Revenue (Endowments II) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District, State of Andhra Pradesh.

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The Member Secretary, Dharmika Parishad, Gollapudi, Vijayawada, Krishna District, Andhra Pradesh.

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The Commissioner of Endowments, Government of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District.

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The Regional Joint Commissioner, Endowment Department, Multi Zone II, Tirupathi, Chittoor Distrit, Andhra Pradesh.

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One CC to SRI. A RAVEENDRA BABU Advocate [OPUC]

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Two CCs to GP FOR GP FOR REVENUE (ENDOWMENTS), High Court of Andhra Pradesh. [OUT]

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Three CD Copies

Madhu 2

HIGH COURT

DATED:08/09/2023

ORDER

WP.No.18578 of 2023

DISPOSING THE WP WITHOUT COSTS

Shri Shyam Das Ji v. The State of Andhra Pradesh.

Case brief

What is this about?

What did the court decide?

Shri Shyam Das Ji v. The State of Andhra Pradesh.

Case brief

What is this about?

What did the court decide?

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