Komerneni Subba Rao v. The State of Andhra Pradesh

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 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 06.04.2025 on the occasion of 'Sri Rama Navami’ in the S'" Respondent Sree Seetha Rama Swamy Temple’, Narasayapalem, Bapatia Bapatia District, considering Representation dt.26.03.2025 as wholly illegal, arbitrary, without jurisdiction principles Charitable and Hindu Religious Institutions and Endowments Act, 1987, besides being violative of the 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 contrary to of the Andhra Pradesh Petitioner’s petitioner’s provisions and other ceremonies, without Justice Natural A.P, scheduled to be conducted on 06.04.2025 on the occasion of ‘Sri Rama Navami’ festival Respondent ‘Sree Seetha Rama Swamy Temple’, Narasayapalem. Bapatia, Bapatia District lA NO: 1 OF 2()7fi in the A.P. Petition under Section 151 CPC is praying - participate circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to direct the respondents herein to permit the Petitioner herein to 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 11 have been participating ‘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 and the unofficial respondents have been since the unofficial respondents have raised prevalent in the past, that both the petitioner participating the Kalyanothsavam, 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, 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 3 members 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 participate in the ceremony.

#8. Considered the rival submissions. The main relief sought by the petitioner is for a direction to recognize petitioner’s customary practice participation Thalambralu 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 recognition their alleged customary practice 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 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 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 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 //TRUE COPY// COURT OFFIC I To,

#1. The Principal Secretary, Revenue of Andhra Pradesh State Amaravathi. (Endowments Department) Velagapudi, Buildings, Secretariat

#2. The Commissioner of Endowments Andhra Pradesh, Gollapudi, Vijayawada. Endowments Department

#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]

#12. PRK Two CCs to GP for Home, High Court of Andhra Pradesh, [OUT] Three CD Copies HIGH COURT PRK DATE 0:05/04/2025 ^ANDH^ 0" g 0 5 APR 2025 . Current Section ORDER WP(SR).No.13173 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS