Andhra Pradesh High Court – Amravati
Komerneni Subba Rao S/O Venkaiah vs The State Of Andhra Pradesh on 5 April, 2025
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATl
(Special Original Jurisdiction)
SATURDAY, THE FIFTH DAY OF APRIL
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE KIRANMAYEE
WRIT PETITIONtSR) NoMSIT.^^ nf 907^
BETWEEN:
Komerneni Subba Rao S/o Venkaiah, Aged about 68 years, Occ;
Cultivation, R/o.Narasayapalem Village, Bapatia Mandal, Bapatia
District A.P.
....Petitioner
AND
1. The State of Andhra Pradesh, Represented by its Principal
Secretary, Revenue (Endowments Department), Secretariat
Buildings, Velagapudi, Amaravathi.
2. The Commissioner of Endowments, Endowments Department,
Andhra Pradesh, GoHapudi, Vijayawada.
3. The Deputy Commissioner. Endowments Department, Guntur,
A.P.
4. The District Endowments Officer, Bapatia, Bapatia District, A.P.
5. Sree Seetha Rama Swamy Temple, Narasayapalem Village,
Bapatia Mandal. Bapatia District, Andhra Pradesh. Rep by its
Executive Officer.
6. The Inspector, Endowments, Repalle, Bapatia District. A.P.
7. The Sub-Inspector of Police, Bapatia Rural P.S, Bapatia
District, A.P.
8. Nerelia Nagendra Rao, S/o.Hanumanta Rao, Aged about 67
Years, R/o. B2, Sambasiva Quazil, Panduranga Street, Near
Mahalakshmi Chettu, Bapatia, Bapatia District, A.P.
9. Nerelia Venkata Rao, S/o.Venkateswarlu, Aged about 65
Years, R/o.Pedanandipadu, Guntur District, A.P.
10
■ & A-
'/ Nerelia Venkaiah Gupta, S/o.Prakasa Rao, Aged about
58 Years, R/o.H.No.145, Mahatma Gandhi Housing Colony,
Gandhi Nagar, Chirala, Bapatia District, A.P
11.
Nerelia Sobhan Babu, S/o.Gnana Deva Gupta, Aged
55 Years, R/o.H.No.145, Eluru Bazar Near Lalapet Guntur,
A.P.
...Respondents
Petition under Article 226 of the Constitution of India is filed praying
that in the circumstances stated
in the affidavit filed therewith, the High
Court may be pleased to issue a Writ, Order or Direction more particularly
in the nature of Writ of Mandamus declaring that the action of the 4
one
th
Respondent herein in not permitting the Petitioner from participating in
the Petitioner's Customary Practice of Thalambralu & Kalyanosthavam
Ceremony' and other ceremonies, scheduled to be conducted on
06.04.2025 on the occasion of 'Sri Rama Navami' in the S'" Respondent
Sree Seetha Rama Swamy Temple', Narasayapalem, Bapatia Bapatia
District, A.P, without considering the Petitioner's Representation
dt.26.03.2025 as wholly illegal, arbitrary, without jurisdiction contrary to
principles of Natural Justice provisions of the Andhra Pradesh
Charitable and Hindu Religious Institutions and Endowments Act, 1987,
besides being violative of the petitioner's rights guaranteed under
Articles 14, 21 of the Constitution of India and consequently direct the
respondent authorities herein to allow the Petitioner herein to participate
in Thalambralu & Kalyanosthavam Ceremony and other ceremonies,
scheduled to be conducted on 06.04.2025 on the occasion of 'Sri Rama
Navami' festival in the Respondent 'Sree Seetha Rama Swamy
Temple', Narasayapalem. Bapatia, Bapatia District A.P.
lA NO: 1 OF 2()7fi
Petition under Section 151 CPC is filed praying that in the
circumstances stated in the affidavit filed- ini support of the petition, the
High Court may be pleased to direct the respondents herein to permit the
Petitioner herein to participate in Thalambralu & Kalyanosthavam
Ceremony' and other ceremonies, scheduled to be conducted on
06.04.2025 on the
occasion of 'Sri Rama Navami' festival in the 5*^
Respondent 'Sree Seetha Rama Swamy Temple', Narasayapalem,
Bapatia, Bapatia District, A.P., along with Respondent No's.7 to 10
herein.
Counsel for the Petitioner: M/s CKR ASSOCIATES
Counsel for the Respondent No's. 1 to 4 & 6: GP FOR ENDOWMENTS
Counsel for the Respondent No.5: SRI K KOTESWARA RAO
SC FOR ENDOWMENTS
Counsel for the Respondent No.7: GP FOR HOME
Counsel for the Respondent No's. 8 to 11:
The Court made the following ORDER:
1
WRIT PETITION(SR). NO:13173/2025
ORDER:
{Per Hon’ble Smt Justice Kiranmayee Mandava)
The Writ Petition is taken up today under “House Motion” being moved
through the Registrar (Judicial).
2.
Heard Sri S.V.S.S. Siva Ram, learned counsel for the petitioner and
learned Government Pleader for Endowments and Sri Kappera Koteswara Rao,
Standing Counsel for Endowments appearing for the respondents.
3.
Challenging the action of the respondent in not permitting the
petitioner from participating in the customary practice of Thalambralu and
Kalyanothsavam Ceremony’, scheduled to be conducted on 06.04.2025 on the
occasion of ‘Sri Rama Navami’ in the respondent’s ‘Sree Seetha Rama
Swamy Temple’, Narasayapalem, Bapatia, Bapatia District, the present Writ
Petition has been filed.
4. It is contended by the petitioner that the he along with the unofficial
respondents 8 to 11 have been participating in the ‘Thalambralu and
Kalyanothsavam Ceremony’ every year on the eve of Sree Rama Navami festival
in the subject temple. But surprisingly this year, an objection was raised by the
unofficial respondent 8 to 11, against the petitioner thus the 4’^ respondent is
2
proposing to conduct the kalayanamahotsavam without the participation of the
petitioner and the unofficial respondents, which is scheduled for tomorrow.
5.
The learned counsel for the petitioner refers to the proceedings of
the Executive Officer- the 5’^
respondent herein which is addressed to the
respondent informing him, that he has enquired in the village and noted that
there was in fact such
a practice prevalent in the past, that both the petitioner
and the unofficial respondents have been participating the Kalyanothsavam,
since the unofficial respondents have raised an objection this yedr against the
participation of the petitioners, the Temple authorities have proposed to proceed
with the rituals for conducting Kalayanothsavam without participation of both the
petitioner and unofficial respondent. Thus, it is stated that the unofficial
respondents have approached the Tribunal seeking injunction against the official
respondents that they shall not to interfere with their customary practice of
participation in the Kalyanothsavam. The Tribunal on the said application of the
unofficial respondents, vide order dated 01.04.2025 has passed the following
order:
The petitioners are stating that they are aiso from
Nerella Famiiy. Even the officials of the temple may not
object to the petitioners to perform the said rituals, and
the petitioners may have knocked the doors of tribunal out
of fear only. However, as the festival is fast approaching,
the request of the petitioners is considered and the EO of
the concerned temple Is directed to ailow the famiiy
3members of the Nerella family, as mentioned in Section
43 of the Register. ”
6. The petitioner apprehends that in view of the order passed by the
Endowments Tribunal, the respondents may not permit the petitioner to
participate in the ceremony.
7. Considered the rival submissions.
8. The main relief sought by the petitioner is for a direction to recognize
the petitioner’s customary practice of participation in Thalambralu and
Kalyanothsavam Ceremony’ on the eve of ‘Sree Rama Navami Festival being
performed at the respondent temple. Having regard to the provisions of the
Sec. 87 (e) of the Andhra Pradesh Charitable and Hindu Religious Institutions
and Endowments Act, 1987, the petitioner is granted liberty to approach the
Tribunal in seeking appropriate directions for recognition of their alleged
customary practice of participation in Thalambralu and Kalyanothsavam
Ceremony’ on the eve of Sree Rama Navami Festival. However, for now the
respondents are directed to permit the petitioners to participate in the upcoming
I
Thalambralu and Kalyanothsavam Ceremony’ which is going to be held
tomorrow (/.e., 06.04.2025) along with unofficial respondents 8 to 11.
9. The learned Government Pleader for Endowments argues that, as
per the Register maintained under Sec.43 of the Act, it recognizes only the right
of the unofficial respondents to participate in the Kalyanaotsva Mahotsavam, and
4
the said register also recognizes the right of the petitioners to participate in the
rituals that would be conducted for 16 days post the Kalyanothsavam.
Therefore, he submits that the Executive Officer may be permitted to make
seating arrangements in the said order, for the Kalayanothsavam.
10.
The Executive Officer of the temple is, directed to make seating
arrangements accordingly, enabling the petitioners to participate along with
unofficial respondents 8 to 11. The 7th respondent is also directed to see that
the festival is conducted smoothly and that no law and order issues arise.
11.
It is made clear that the observation made herein above are only for
the purpose of the present petition, the same will not come in the way of the
Tribunal while passing of the orders, on the applications, if any filed by the
petitioners herein.
12.
With the above directions, the Writ Petition is disposed of. No costs.
As a sequel, interlocutory applications pending, if any, shall stand closed.
y
COURT OFFIC
I
//TRUE COPY//
To,
1. The Principal Secretary, Revenue (Endowments Department)
State of Andhra Pradesh
Secretariat Buildings, Velagapudi,
Amaravathi.
2. The Commissioner of Endowments Endowments Department
Andhra Pradesh, Gollapudi, Vijayawada.
3. The Deputy Commissioner, Endowments Department, Guntur
A.P.
4. The District Endowments Officer, Bapatia, Bapatia District, A.P.
5. The Executive Officer, Sree Seetha Rama Swamy Temple,
Narasayapalem Village, Bapatia Mandal, Bapatia District,
Andhra Pradesh.
6. The Inspector, Endowments, Repalle, Bapatia District, A.P.
7. The Sub-Inspector of Police, Bapatia Rural P.S, Bapatia District,
A.P.
CC to M/s CKR Associates, Advocate [OPUC]
9. One CC to Sri K.Koteswara Rao, SC for Endowments [OPUC]
10.
Two CCs to GP for Endowments, High Court of Andhra Pradesh.
[OUT]
11.
Two CCs to GP for Home, High Court of Andhra Pradesh, [OUT]
12. Three CD Copies
PRK
HIGH COURT PRK
DATE 0:05/04/2025
ORDER
WP(SR).No.13173 of 2025 ^ANDH^
0″
g 0 5 APR 2025
. Current Section
DISPOSING OF THE W.P.
WITHOUT COSTS
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