Disposed

Gollapalli Chalapathi Sarma v. the State of Ap

Andhra Pradesh HC4 Feb 2024WA/105/2024

Case brief

AI extract

What is this about?

Archakas challenged a temple's public auction of rights over offerings such as coconut halves and vastrams, claiming no scheme under the Endowments Act had been approved. As the auction was complete and the writ petition pending before the single judge, the Division Bench directed that at least 50% of the auction amount be kept aside.

What did the court decide?

At least 50% of the auction amount to be kept aside till reconsideration by the single Judge; appeal disposed of, no costs.

Gollapalli Chalapathi Sarma Vs the State of Ap — Andhra Pradesh HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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MONDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTIC

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AND

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HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO

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WRIT APPEAL NO: 105 OF 2024

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Writ Appeal under clause 15 of the Letters Patent Appeal preferred against the order dated 30.01.2024 in WP.No.2137 of 2024 dated 25.01.2024 and pass on the file of the High Court.

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Between:

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Gollapalli Chalapathi Sarma, S/o. G.Venkata Ramana (Late), Age 41 Years, Occ; Hereditary Archaka in Sri Lakshmi Ganapathi Swamy Temple, Bikkavolii village and Mandal, East Godavari District.

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Gollapalli Santosh, S/o. G.Venkata Ramana (Late), Age 35 Years, Occ; FFM and Hereditary Archaka in Sri Lakshmi Ganapathi Swamy Temple, Bikkavolu village AND Mandal, East Godavari District.

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...APPELLANTS

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AND

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The State of AP, Rep. by its Special Chief Secretary, Revenue (Endowments) Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

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

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The Regional Joint Commissioner, Endowments Department, Rajamahendravaram Town and District

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Sri Lakshmi Ganapathi Swamy Temple, Bikkavolu village and Mandal, East Godavari District Rep. by its Executive Officer

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...RESPONDENTS

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lA NO: 2 OF 2024

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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 stay all further proceedings pursuant to the auction notification dated 25.01.2024 issued by the 4'" respondent for conducting public auction 05.02.2024 for license rights of collecting coconut halves, jiggery, alum jaggery and sacred clothes in the 4‘^ respondent temple for period of 1 year from 08.02.2024 to 07.02.2025.

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Counsel for the Appellant: SRI D. V. SASIDHAR Counsel for the Respondent Nos.1 to 3 : GP FOR ENDOWMENTS Counsel for the Respondent No.4 : SRI T. BALAJI, SC FOR ENDOWMENTS The Court made the following: ORDER

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m THE HIGH COUBT OP ANDHRA PRADESH: AMARAVATT

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HON’BLE MR. cJHSTIGE DHIRAJ SINGH THAKUR, CHIEF JUSTICE &

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HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO

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Writ Appeal No. 105 of 8084

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GoUapalli Chalapatlu Sarma, S/o G. Venkata Ramana (Late), Age: 41 Years, Occ. Hereditary Archaka in Sri Lakshmi Ganapathi Swamy Temple, Bikkavolu Village 8e Mandal, East Godavari District &> another.

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... Appellants

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Versus

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

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...Respondents

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Mr. D. V. Sasidhar, Counsel for the appellants.

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Government Pleader for Endowments, Counsel for Respondent Nos.l to 3. Mr.T. Balaji, Standing Counsel for respondent No.4.

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Dt.:05.02.2024

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P.C:-

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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^theactionof respondent No.4 in conducting an auction in respect of offerings of

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HCJ ft RRR,J WA.No.105_2024

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coconut halves, jaggery, alum jaggery and clothes/vastrams^fora period of one year. The petitioners, who claim to be^Archakasand claim right and entitlement to the said offerings, state that they have right to such offerings inasmuch as it is stated^thatnoscheme has been prepared in terms of proviso (2) to Section^144ofthe 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.1was only Rs.20,000/-, which is not as per the scale of pay given to other Archakas and similarly situate temples.

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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 amoimt of Rs.8,40,000/-,^which has been accepted.

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We have also noticed that the matter is still pending^before the learned single Judge, and the next date has been^orderedtobe fixed after eight weeks pending the fifing of counter. Having heard the learned counsel for the parties, in our opinion, it would be just

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HCJ 6 RRR,J WA.No.105_2024

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and proper to order that at least 50% of the auction amount be kept

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aside till such time as the matter is considered again by the learned

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single Judge in W.P. No.2137 of 2024. In that view of the matter,

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the Writ Appeal is disposed of. No order as to costs.

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Pending misceUaneous apphcations, if any, shall stand^closed.

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Sd/- V.DIWAKAR DEPU , ISTRAR //TRUE COPY// SECl^ON officer

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/
To,
1.

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The Special Chief Secretary, Revenue (Endowments) Department, State^of AP, Secretariat, Velagapudi, Amaravathi, Guntur District.

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

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The Regional Joint Commissioner, Endowments Department, Rajamahendravaram Town and District.

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The Executive Officer, Sri Lakshmi Ganapathi Swamy Temple, Bikkavolu village and Mandal, East Godavari District.

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One CC to Sri D. V. Sasidhar, Advocate [OPUC] 6. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri T. Balaji, SC for Endowments (OPUC) 8. Three C.D. Copies. Cnr

HIGH COURT

DATED:05/02/2024

ORDER

WA.No.105 of 2024

f tropic A

DISPOSING OF THEW.P. WITHOUT COSTS

Gollapalli Chalapathi Sarma v. the State of Ap

Case brief

What is this about?

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Gollapalli Chalapathi Sarma v. the State of Ap

Case brief

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What did the court decide?

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