IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13547 of 2007 Between: Chandanam Sadguru Murthy, S/o.Chandraiah, Vemulawada,R/o. Bhagavantha Rao Nagar, Vemulawada,Karimnagar Dist. ..... PETITIONER AND 1 President,Baddipochamma Pujarla Sangam, Vemulavada Rep.by its Chandanam Rajamouli, S/o.Simhadri, R/o.9-5-32,Bhagavantharaonagar, Vemulawada,Karimnagar Dist. 2 President,Baddipochamma Pujarla Sangam, Vemulavada Rep.by its Chandanam Raghupathi, S/o.Venkatnrasaiah,Saw Mill, R/o.9-5- 32,Bhagavantharaonagar, Vemulawada,Karimnagar Dist. 3 Chandanam Radhamachav, S/o.Venkat Swamy, R/o.Bhagavantharaonagar, Vemulawada,Karimnagar Dist. 4 Chandaram Sripathi, S/o.Venkat Swamy, R/o.Bhagavatharaonagar, Vemulawada,Karimnagar Dist. 5 The Executive Officer/Joint Commissioner of Endowments, Sri Raja Rajeswara Swamivari Temple,Vemulawada, Karimnagar Dist. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ,order direction to the ﬁrst and second respondent to submit a letter to the 5th respondent as per the Agreement dt.5-1-2006 allowing the petitioner to perform Archakatvam in the baddipochamma Temple as per the rights and customs existing from time immemorial and alow the petitioner to perform Nitya Puja as per Sampradayam for the period of 6 months and consequently direct the 5th respodent to give necessary authorization in this aspet to the petitioner as the temple is under the jurisidiction and control of the 5th respodent and pass such other and further order or orders. Counsel for the Petitioner:MR.D.LINGA RAO Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13547 of 2007 ORDER: The petitioner claims to be an Archaka/pujari of Sri Baddipochamma Temple, Vemulawada. He complains that the respondents are not permitting him, to discharge his functions, and are insisting that he must get membership with the Baddipochamma Pujarla Sancham, 1st respondent herein. He contends that the action of the respondents, respondent No.5 in particular, is contrary to the provisions of the Andhra Pradesh Charitable & Hindu Religious Institutions & Endowments Act, 1987 (for short ‘the Act’). Heard the learned counsel for the petitioner, the learned Government Pleader for Endowments and the learned Standing Counsel for the 5th respondent. The petitioner has placed before this Court, a copy of the agreement, dated 05.01.2006, among several individuals, as regards the right to perform pooja in the said Temple, which is said to have been taken as basis by the authorities. Even assuming that the 5th respondent cannot insist on sponsoring of the name of the petitioner, by the 1st respondent, the petitioner has to seek determination of his rights under Section 87 of the Act. The petitioner did not approach the competent authority under the said provision and unless his rights are determined, this Court cannot compel the 5th respondent to permit him to perform pooja in the Temple. Hence, the writ petition is disposed of, leaving it open to the petitioner to seek the remedy under Section 87 of the Act, before the competent authority. There shall be no order as to costs. _________ 15.09.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13547 of 2007 Date: 15.09.2008 JSU