GNANAPURAM YERNIMAMBA SANKSHEMA SANGHAM, A SOCIETY v. THE STATE OF ANDHRA PRADESH

5. SRI YERNIMAMBA AMMAVARI TEMPLE, GNANAPURAM VILLAGE, VISAKHAPATNAM DISTRICT. REP BY ITS EXECUTIVE OFFICER - 530004. 2 ...RESPONDENT(S): Respondent issuing G.O.Rt.No.516 dated 08.04.2026 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 in the nature of Writ of Mandamus declaring the action of the Respondents, more particularly the the inviting 1st applications in FORM-I from the interested persons for constitution of Trust Board to 5th Respondent- Yernimamba Ammavari Temple, Gnanapuram, Visakhapatnam Urban, Visakhapatnam District under Section 15 of the A.P Charitable and Hindu Religious Institutions and Endowments Act, 1987 pending consideration of application under Section 154 of the A.P Charitable and Hindu Religious Institutions and Endowments Act, 1987 filed by the Petitioner dated 04.08.2025 as being illegal, arbitrary, in violation of Articles 14, 21 of the Constitution of India, and in violation of principles of natural justice and Consequently set aside the G.O.Rt.No.516 dated 08.04.2026 issued by the 1st Respondent with respect to the 5th Respondent Temple and further direct the Respondents to continue the Petitioner Association for managing the day to day affairs of the 5th Respondent Temple and pass IA NO: 1 OF 2026 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 G.O.Rt.No.516 dated 08.04.2026 issued by the 1st Respondent with respect to the 5th Respondent Temple, pending disposal of the above Writ Petition and pass further proceedings pursuant to grant Stay of all IA NO: 2 OF 2026 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 may be pleased to Direct the 2nd Respondent to consider the application filed by the Petitioner under Section 154 of the A.P Charitable and Hindu Religious Institutions and Endowments Act, 1987 filed by the Petitioner dated 04.08.2025, pending disposal of the above Writ Petition and pass Counsel for the Petitioner:

1. AJAY KUMAR KANAPARTHI Counsel for the Respondent(S): 3

1. GP FOR ENDOWMENTS The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10560/2026 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

08.04.2026 and Hindu Religious “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents, more particularly the 1st Respondent in issuing G.O.Rt.No.516 inviting applications in FORM-I from the interested persons for constitution of Trust Board to 5th Respondent-Yernimamba Ammavari Temple, Gnanapuram, Visakhapatnam Urban, the A.P Visakhapatnam District under Section 15 of Charitable Endowments Act, 1987 pending consideration of application under Section 154 of the A.P Charitable and Hindu Religious Institutions and Endowments Act, 1987 filed by the Petitioner dated 04.08.2025 as being illegal, arbitrary, in violation of Articles 14, 21 of the Constitution of India, and in violation of principles of natural justice and consequently set aside 08.04.2026 issued by the 1st Respondent with respect to the 5th Respondent Temple and further direct the Respondents to continue the Petitioner Association for managing the day to day affairs of the 5th Respondent Temple and pass such other order.” the G.O.Rt.No.516 Institutions

2. Heard learned counsel for the petitioner and learned Government Pleader and the learned Standing Counsel for the respondents.

3. Learned counsel for the petitioner submits that the petitioner Sankshema Sangham was established to look after the affairs and development of the 5th respondent-temple which is a one of the very renowned temples in the city of Visakhapatnam, which was constructed 100 years ago. He further submits that the 5 petitioner Sankshema Sangham has been looking after the affairs, management and development of respondent No.5-temple since twenty years, without there being any interference or hindrance from the endowments authorities concerned. While so, when respondents are taking steps to appoint trust board/committee, the petitioners herein submitted a detailed representation dated

04.08.2025 seeking exemption under Section 154 of Endowments Act, 1987 (hereinafter referred as ‘Act, 1987’) in respect of respondent No.5-temple. Even after receipt of the said representation by the authority concerned, till date the same was neither considered granted exemption nor replied to the petitioner by rejecting its claim. Hence, the writ petition.

4. On the other hand, learned Government Pleader and the learned Standing Counsel for 5th respondent-temple submits that 2nd respondent herein who is the competent authority for appointment of trust board has invited applications from the interest parties for appointment of trust board in respect of 5th respondent -temple along with three other temples vide G.O.Rt.No.516 dated 08.04.2026. It is further submitted that mere submissions of representation seeking exemption under Section 154 of the Act, 1987 does not debar the authority concerned to exercise their power for appointment of trust boards in respect of temples more particularly 5th respondent under Section 15 and 17 of the Act, 1987. It is further stated that since the 6 petitioner submitted representation, the same would be considered before finalization and appointment of trust board, in accordance with law.

5. Considering the submissions made by the learned counsel for all the parties and on perusal of the material placed on record, it is an admitted fact that 5th respondent-temple is a notified temple under Section 6 of the Act, 1987 and it has been managing under the control of the Executive officer, who is duly appointed under Section 29 of the Act. It seems that so far there is no trust board appointed in respect of subject temple as evident from the representation submitted by the petitioner herein. As contended by the learned counsel for the petitioner that since the petitioner Sankshema Sangham itself constituted the purpose of development of the temple and who alleged to have been managing the affairs and development of the temple since twenty years, by which it accrued a right of reasonable expectation. Therefore, their representation/claim liable to be considered by the authorities concerned within the spirit of section 154 of the Act. Therefore, this Court is of the considered view the present Writ Petition can be disposed of directing respondent Nos.2 to 4 herein to consider the representation of the petitioner and pass an appropriate orders in accordance with law by providing opportunity of hearing to the petitioner and others if any. It is further clarified that the respondents 7 shall consider representation of the petitioner before consequence action of appointment of trust board pursuant to G.O.Ms.No.516 dated 08.04.2026.

6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed.

21.04.2026 TTPPSS ________________________________ VENKATESWARLU NIMMAGADDA, J 8 43 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10560/2026

21.04.2026 TTPPSS