Duggireddy Chandra Sekhar Vs the State of Ap

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APHC010351482025

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'•C /'f^ '5-
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IN THE HIGH COURT OF ANDHRA PRADESH iv;
AT AMARAVATI w V- o
(Special Original Jurisdiction) V>noq^

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WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSANDAND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 18012 OF 2025

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Between:

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Duggireddy Chandra Sekhar, S/o Duggirreddy Papi Reddy, Aged about 35 years, Founder Member of Diguva Mallem Kondeswara Swamy Vari Devasthanam, R/01/5-A, BramhanpalliPanchayathi, Gopavaram Mandal, Kadapa, 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) Department, Secretariat, at Velagapudi, Amaravathi, Guntur District.

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The Commissioner, Endowments Department, Gollapudi, Vijayawada, NTR ( Old Krishna) District.

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The Assistant Commissioner, Endowments Department, Kadapa District.

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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 a writ or order or direction, more particularly one in the nature of a writ of mandamus declaring the action of the 3''* respondent in including the Diguva Mallem Kondeswara Swamy Vari Devasthanam into the

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Endowment Department without following the procedure laid down G.O.Ms.No.298 Revenue (Endowment) Department dated^{07.07.2023and} the catena of decisions laid down by the Apex court^{andthisHon'blecourtin} W.P.No.21805 of 2021 is arbitrary, capricious and contrary^{totheprinciplesof} natural justice and violation of Article 25 of the constitution of India, consequently direct the respondents to exempt the Diguva Mallem Kondeswara Swamy Vari Devasthanam from the Endowment^Department following the procedure laid down in the G.O.Ms.No.298^{dated07.07.2023,in} the interest of justice.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3'^^ respondent to consider the representation^{givenbythepetitioner} dated 05.06.2025, in the interest of justice.

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Counsel for the Petitioner: SRI P. MALLIKHARJUNA RAO

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Counsel for the Respondent Nos.1 to 3: GP FOR ENDOWMENTS

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The Court made the following order:

APHC010351482025

[3458]

"<■1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Speci3l Original Jurisdiction)

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WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 18012/2025

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Between:

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1.DUGGIREDDY CHANDRA SEKHAR, S/0 DUGGIRREDDY PAPI REDDY, AGED ABOUT 35 YEARS, FOUNDER MEMBER OF DIGUVA MALLEM KONDESWARA SWAMY VARI DEVASTHANAM, R/01/5-A, BRAMHANPALLIPANCHAYATHI, GOPAVARAM MANDAL, KADAPA, ANDHRA PRADESH.

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...PETITIONER

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AND

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1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, SECRETARIAT, AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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2.THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, NTR ( OLD KRISHNA) DISTRICT.

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3.THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, KADAPA 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 a writ or order or direction,^{moreparticularlyone} in the nature of a writ of mandamus declaring the action^{ofthe3rdrespondent} in including the DiguvaMallemKondeswara Swamy Vari^{Devasthanamintothe} Endowment Department without following the procedure laid down G.O.Ms.No.298 Revenue (Endowment) Department dated^{07.07.2023and}

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2

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the catena of decisions laid down by the Apex court^{andthisHonblecourtin} W.P.No.21805 of 2021 is arbitrary, capricious and contrary^{totheprinciplesof} violation of Article 25 of the constitution of India, natural justice and the the respondents to exempt consequently direct DiguvaMallemKondeswara Swamy Vari Devasthanam from^theEndowment Department following the procedure laid down in the^{G.O.Ms.No.298dated} 07.07.2023, in the interest of justice.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybepleased} pleased to direct the 3rd respondent to consider the^{representationgivenby} the petitioner dated 05.06.2025, in the interest of^justice.

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Counsel for the Petitioner:

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1.P MALLIKHARJUNA RAO

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Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS

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The Court made the following:

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ORDER:

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Heard Sri P.Mallikarjuna Rao, learned counsel for the^petitioner and Sri G.Naga Bhushanam, learned Assistant Government Pleader for Endowments appearing for the 1®^ to 3^^ respondents.

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Challenging the action of the 3^'^ respondent in including the subject temple in the list of Endowments, without following^{thedueprocedure} under law, the instant writ petition is filed.

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It is contended that the petitioner being an ardent^{devoteeofLord} Siva constructed Diguva Mallem Kondeswara Swamyvari^{Devasthanamwith} his own funds in 2010. For performing archakatvam and^{maintenanceofthe}

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3

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temple, he employed an Archaka, a Watchman and a Sweeper,^withhisown funds. During the auspicious days of the year such^{asMahashivaratriand} Month of Karthikam, a good number of devotees attend the temple for worshiping Lord Shiva.

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It is contended that on 24.02.2025, the 3'"^ respondent inspected the temple and had taken away the money from the Hundi,^{afterinformingthe} staff of the temple that the temple has been included^{inthelistofendowments} of the Endowments Department. And that henceforth the^{templewouldbe} under the administrative control of the Endowments^Department. Since the said date, the staff of the temple are not being paid^{anysalaries.Thelearned} counsel for the petitioner placing reliance on G.O^Ms.No.298 dated 06.07.2023, argues that the Government has granted^{exemption,toallsuchof} those temples whose income is below Rs.5 lakhs, from^{theapplicabilityofthe} provisions of the Andhra Pradesh Charitable And Hindu^{ReligiousInstitutions} And Endowments Act, 1987 (Act.30/1987). The learned counsel places reliance on the decision of this Court in W.P.No.21805^{of2021,wherein} it is

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observed as follows;

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“18. Accordingly, this Writ Petition is disposed of^{withadirectiontothe} State government to consider the grant of exemption^{totempleshaving} an annual income of less than Rs.5 lakhs from the provisions^oftheAct including the requirement to pay the mandatory contributions^mentioned above, in the light of the directions of the Hon''ble^{SupremecourtinSri} DM Kodandarama Sarma and others vs. State of Andhra^Pradeshand othersS. This exercise shall be conducted within a period of four months from the date of receipt of this order.”

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In view of the above the learned counsel contends that the income of the temple being less than Rs.5 Lakhs, a representation was made to the respondents on 05.06.2025, to exempt the subject temple from the list of endowments. However, no orders have been passed on the said representation. Thus, approached this Court by way of instant writ petition.

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In view of the above and having regard to the contentions advanced, this Court deems it appropriate to dispose of the writ petition with a direction to the 3''^ respondent to pass appropriate orders on the representation of the petitioner dated 05.06.2025.

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With the above direction, the writ petition is disposed of. There shall be no order as to costs.

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As a sequel, interlocutory applications, pending if any, shall stand

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closed.

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Sd/- N NAGAWIWIA assistant registrar

//TRUE COPY//

SECTION OFFICER

To,

State of 1. The Principal Secretary, Revenue (Endowments) Department, Andhra Pradesh, Secretariat, at Velagapudi, Amaravathi, Guntur District.

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The Commissioner, Endowments Department, Gollapudi,^Vijayawada, NTR ( Old Krishna) District. Endowments Department, Kadapa 3 The Assistant Commissioner District.

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