SEETHARAMA KALAYANA MANDAPAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

(2.) Heard Mr. J.V. Phaniduth, learned counsel for the petitioner; learned Assistant Government Pleader for Endowments for respondents 1 to 3; Ms. Padmavati Padnavis, learned Standing Counsel for the 4th respondent and Mr. D.V. Sasidhar, learned counsel for the 5th respondent.

(3.) Learned counsel for the petitioner would contend that one Sri Gopaluni Purushothama Sharma Pakyaji purchased an extent of 583 1/2 sq. yds at Satyanarayanapuram, Vijayawada through a registered sale deed dtd. 7/11/1940 with the funds of donors as a Trustee for construction of temple called Sri Kasi Annapurna Sahita Visweswara Swamy, but the same could not be done, as one Siripurapu Venkata Ramanaiah was constructing the Visweswara Swamy idol along with other deities adjacent plot No. 36. Therefore, a resolution passed to construct a Kalyana mandapam under the name and style of Sri seetharama Kalyana mandapam in the said plot and appointed Sri Bhogeswara Sharma, the son of Purushothama Sharma Pakayaji as Trustee after his death, who constructed the Kalyana Mandapam. One Smt. T. Seethamma @ Kausalyamma styling herself as the owner of the same plot in which Kalyana mandapam was constructed by Bhogeswara Sarma and others, executed a Will Deed in the year 1957 bequeathing the property in favour of T. Sri Rama Sarma, her adopted son without any manner of right and title. In fact, Smt. Seethamma was not the owner or donor of the land on which 4th respondent is constructed and she is only donor of Sivalingam in the premises of Prasannanjaneya Swamy temple and donated her agricultural land an extent of Ac. 2.28 cents out of Ac. 5.28 cents situated Muchellapadu Village, Guntur District to the temple and later said Prasannanjaneya Swamy Temple terms as Sri Kasi Visweswara Temple. Therefore, the said Seethamma or her adopted son does not get any right, title or possession and she also executed a Trust Deed in the year 1957. The said T. Sri Rama Sarma, representing himself as Trustee of Kasi Visweswaraya Swamy Temple, basing on the Will Deed executed by Smt. Seethamma filed a suit in O.S. No. 2023/1974 on the file of I Additional District Magistrate's Court, Vijayawada against one Sri Dammalapati Rama Rao, who was doing medical practice in part of the kalayana mandapam for eviction by showing Sri Rama Rao as tenant, which was decreed. Aggrieved by the same, A.S. No. 45 of 1977 filed on the file of District Judge, Vijayawada, which was disposed of in terms of compromise in between the parties on 28/2/1981 holding that Kasi Visweswara Swamy Temple is different and Kalyanamandapam is different entities with regard to administration, management etc., Before compromise, the Trust Board passed resolution under the Charimanship of Sri Maturi Koti Ratnam dtd. 16/4/1980 resolved to give power to Sri B.S. Samabasiva Rao, with the assistance of Department for purpose of recovering the possession of Ac. 2.28 cents in D. No. 211/2 of Kuchallapadu which was donated by late Smt. Tadepalli Kausalyamma @ Seethamma to the temple and to lease the land to collect lease amounts etc.