Gollapalli Chalapathi Sarma Vs the State of Ap

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APHC010278082025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3458]

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TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 13998/2025

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Between:

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GOLLAPALLI CHALAPATHI SARMA, S/O. VENKATARAMANA, AGED 42, R/O. D.NO. 6-51/1, GANAPATHI TEMPLE, BIKKAVOLU VILLAGE, EAST GODAVARI.

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GOLLAPALLI SANTOSH, S/O. VENKATARAMANA, AGED 38, R/O. D.NO. 6-51/1, GANAPATHI TEMPLE, BIKKAVOLU VILLAGE, EAST GODAVARI

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...PETITIONER(S)

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AND

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THE STATE OF AP, ENDOWMENTS DEPARTMENT, AP SECREARIAT BUILDINGS, VELGAPUDI, AMARAVATI.

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THE COMMISSIONER OF ENDOWMENTS, ENDOWMENT DEPARTMENT, OPP S. GRAND RESTAURANT, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT.

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THE REGIONAL JOINT COMMISSIONER, ENDOWMENTS DEPARTMENT, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT

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THE DEPUTY COMMISSIONER OF ENDOWMENTS, ENDOWMENT DEPARTMENT, KAKINADA.

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THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

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THE EXECUTIVE OFFICER, SRI LAKSHMI GANAPTHI SWAMY VARI

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DEVASTANAM BIKKAVOLU VILLAGE, BIKKAVOLU MANDAL, EAST GODAVARI DISTRICT.

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SRI LAKSHMI GANAPTHI SWAMY VARI DEVASTANAM, REP BY ITS EXECUTIVE OFFICER, BIKKAVOLU VILLAGE, BIKKAVOLU MANDAL, EAST GODAVARI DISTRICT.

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SRI A S B L RAMALINGAM, THE EXECUTIVE OFFICER, SRI LAKSHMI GANAPTHI SWAMY VARI DEVASTANAM, BIKKAVOLU VILLAGE, BIKKAVOLU MANDAL. EAST GODAVARI DISTRICT

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...RESPONDENT(S):

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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 topleased to issue an order or direction more particularly the one in the nature of writ of mandamus declaring the notification issued by the 2nd respondent Commissioner vide Rc.No.B1/COE-12026(31 )/4/2025-9, dated 06.05.2025 U/s 15 of the Endowment Act, 1987 inviting applications for constitution of a Trust board for the 7th respondent Sri Lakshmi Ganapthi Swamy Vari Devastanam, Bikkavolu Village, Bikkavolu Mandal, East Godavari while O.A.No.90 of 2012 on the file of the Honble A.P. Endowments Tribunal at Pedakakani, Guntur is pending as illegal arbitrary without any authority of law or jurisdiction opposed to the principles of natural justice violative of the objects and provisions of A.P.Charitable and Hindu Religious Institutions and Endowments Act and articles 25 and 26 of the Constitution of India and consequently to grant stay of all further proceedings in pursuance of the notification issued by the 2nd respondent Commissioner vide Rc.No.B1/COE-12026(31 )/4/2025-9, dated 06.05.2025 pending disposal of the O.A.No. 90 of 2012 on the file of the Honble A.P. Endowments Tribunal at Pedakakani, Guntur and to pass

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IA NO: 1 OF 2025

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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 eased to grant stay of all further proceedings in pursuance of the notification issued by the 2nd respondent Commissioner vide Rc.No.B1/COE12026(31)/4/2025-9, dated 06.05.2025 pending disposal of the O.A.No. 90 of 2012 on the file of the Hon’ble A.P. Endowments Tribunal at Pedakakani, Guntur in so far as the 7^th respondent temple is concerned and to pass

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IA NO: 2 OF 2025

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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 pleased to vacate the interim order granted in I.A. No.1 of 2025 in the WP.NO.13998 of 2025, dated 29.05.2025 and order dismiss the main writ petition as devoid of merits and pass

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Counsel for the Petitioner(S):

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1.MUTYALA SOBHANADRI NAIDU

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Counsel for the Respondent(S):

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1.KAPPERA KOTESWARA RAO SC for Endowments, AP Region.

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2.GP FOR ENDOWMENTS

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The Court made the following:

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ORDER:

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Heard the learned counsel for the petitioners and the learned Government Pleader for Endowments appearing for the respondents.

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Learned Government Pleader for Endowments appearing for the respondents would submit that pursuant to the impugned Notification, no applications have been received from the interested persons for appointment as Trustees in respect of the respondent No.7–Temple. Learned Government Pleader submits that the cause in the Writ Petition does not survive for adjudication and no further orders are required to be passed.

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Recording the said submission of the learned Government Pleader for Endowments, the Writ Petition is dismissed as infructuous. There shall be no order as to costs.

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As a sequel, all pending miscellaneous applications shall stand closed.

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______________________________ JUSTICE KIRANMAYEE MANDAVA

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Dated: 12.08.2025 MSI

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA