Andhra Pradesh High Court – Amravati
Dr. Kopalle Hanumantha Rao vs The State Of Andhra Pradesh on 6 April, 2026
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APHC010203882025
IN THE HIGH COURT OF ANDHRA
PRADESH
[3329]
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY,THE SIXTH DAY OF APRIL
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU
NIMMAGADDA
I.A.No.4 of 2025
IN
WRIT PETITION NO: 10135/2025
Between:
1. DR. KOPALLE HANUMANTHA RAO,, S/O LATE SRINIVASA
RAO, AGED ABOUT 57 YEARS, R/O GOVERNORPETA,
VIJAYAWADA, NTR DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS
PRINCIPAL SECRETARY (ENDOWMENTS),
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI.
2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT,
GOLLAPUDI, VIJAYAWADA.
3. THE ANDHRA JATEEYA VIDYA PARISHAD,
MACHILIPATNAM,.KRISHNA DISTRICT. REP. BY ITS
EXECUTIVE OFFICER.
4. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT,
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MACHILIPATNAM.
5. THE STATION HOUSE OFFICER, INUKUDURU PS,
KRISHNA DISTRICT.
...RESPONDENT(S):
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 tomay be pleased to issue a WRIT OF
MANDAMUS or any other appropriate Writ, Order or Direction to
DECLARE the e-mail correspondence dated 17.04.2025 at 7.26
PM by the 3rd respondent purportedly informing no celebration of
the institutions founders day on 26.04.2025, as illegal, arbitrary,
without authority, pervert, violation of custom, usage and practice
of the 3rd respondent institution, dereliction of duty besides
violative of the provisions of AP Charitable and Religious
Institutions and Endowments Act, 1987 and contrary to Articles 14,
25 and 26 of Constitution of India and consequently COMMAND
the respondent officials to perform the Founders Day celebration
on 26.04.2025 in the 3rd respondent institution under my lawful
directions with active participation of staff and students of the
institution, in the interest of justice and pass Prayer is amended as
per Court's Order dt. 07.05.2025 in IA.No. 3 of 2025.
Counsel for the Petitioner:
1. P RAJASEKHAR
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR ENDOWMENTS
3. PULIPATI RADHIKA
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HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
I.A.No.4 of 2025
IN
WRIT PETITION NO: 10135/2025
This Court made the following
ORDER:
Learned Counsel for the petitioner insisted for urgent hearing
in I.A.No.4 of 2025 wherein he sought for conducting Founder’s
Day Celebration preferably on 26.04.2025 or on any nearest future
date at the 3rd Respondent institution.
2. It appears that no interim orders were passed in conducting
Founder’s Day celebration in the year 2025 as requested by
learned counsel for the petitioner.
3. Learned counsel draw the attention of this Court towards the
register copy maintained under Section – 43 of Andhra Pradesh
Charitable and Hindu Religious Institutions and Endowments Act,
1987 (for short “Act, 1987) of the 3rd Respondent institution
whereunder the founder’s day was notified as one of the day to be
celebrated / observed by the 3rd respondent institution. He submits
that as per the Section 13 of the Act, 1987, once any festival,
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celebration or custom or any other prominence activity was notified
in Section 43 Register of the particular institution, the same shall
be conducted as per the said notification and it cannot be
interdicted by any Endowment Authority. Since the Founder’s day
is notified as per the 43 – Register in compliance of the Section 13
of the Act, 1987, the same should be conducted on 08.04.2026.
The other claim of the petitioner that the petitioner herein is a
recognized founder family member since decades and he should
be allowed to conduct Founder’s Day which is notified celebration
day of the 3rd respondent institution.
4. On the other hand, learned Government Pleader disputed
the claim of the petitioner that the founder’s day should be
celebrated. The claim of the petitioner regarding Founder’s day
which is birthday of founder Sri Kopalle Hanumantha Rao Panthulu
Garu need not be observed for the reason apart from himself there
are 3 other members and altogether founded the 3rd Respondent
institution with the contribution of public funds. Once any
Charitable or Endowment Institution was founded with the public
funds, no Founder’s day can be celebrated as per Explanation – III
of Section – 17 of the Act, 1987. He also submits that the claim of
the petitioner that Sri Kopalle Hanumantha Rao Panthulu Garu is
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only founder cannot be accepted, but there are 3 more founders.
Therefore, the birthday of Sri Kopalle Hanumantha Rao Panthulu
Garu cannot be conducted as Founder’s day, which is contrary to
Explanation-III of Section 17 of the Act, 1987. He also denied the
claim of the petitioner that the petitioner herein is recognized
founder family member. The proceedings recognizing the
petitioner as founder family member was cancelled in the year
2000 and he sought for review the subject proceedings and the
said review was dismissed in the year 2006 and hence the order of
cancellation become final. Since then no express proceedings
were issued recognizing the petitioner herein as founder family
member. There are serious disputes between the petitioner and
the respondents regarding recognition of founder family member
and there are number of writ petitions filed by the petitioner herein
for his declaration as founder family members and other matters in
relation to 3rd respondent institution. Finally this Hon’ble Court in
Writ Appeal No.847/2025 passed the following order:
15. As far as allegations of financial mismanagement
and other allegations relating to the functioning of the
5th respondent-institution is concerned, it would not be
appropriate for this Court to interdict any such
investigation, as long as such investigation/enquiry is
strictly in accordance with the provisions of the
Endowments Act, 1987 and the Rules made thereunder.
This Court has also been informed that the 3rd
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respondent has completed the enquiry and the report is
presently before the Commissioner, Endowments. In
such circumstances, the Commissioner Endowments,
may consider the said report, to the extent of the
allegations relating to mismanagement and
misfeasance of the appellant and to initiate such
enquiry, as may be permissible under the provisions of
the Endowments Act, 1987, if any material is available,
for taking such a course of action. Needless to say, any
such enquiry, would be a denovo enquiry, in which the
appellant shall be given an opportunity of hearing and
an opportunity to set out his case.
16. On the question of the status of the appellant as a
member of the founder family, the only provision of the
Endowments Act, 1987, where such an issue can be
considered, is Section 87(h) of the Endowments Act,
1987. Under this provision, all or any disputes relating to
the status of a person, as a member of the founder
family, of any religious or Charitable Institutions, can be
decided only by the Endowment Tribunal. In such
circumstances, the 2nd respondent or the 3rd respondent
can at best approach the Endowment Tribunal for a
decision on the status of the appellant as a member of
the founder family of the 5th respondent-institution.
Needless to say, even any person interested in the
institution, may approach the Endowment Tribunal to
give a quietus to this issue.”
5. In view of the orders passed by Division Bench of this
Hon’ble Court as extracted above, the fact remains that there are
no express proceedings after 2006 recognizing the petitioner
herein as founder family member of the 3rd respondent institution
by the competent authority i.e., 2nd respondent herein. In the
absence of such express proceedings, the claim of the petitioner
as founder family member is subject to the result of the writ petition
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or otherwise the petitioner or the respondents shall approach the
Endowment Tribunal as directed by this Hon’ble Court to resolve
the dispute for recognition as founder family member. Therefore,
this Court prima facie in the opinion that the Founder’s day as per
the notification of the 43 Register should be conducted at 3rd
respondent institution as per the date notified by the authorities
concerned.
6. Therefore, the Executive Officer of the 3rd Respondent or any
other officer or committee duly appointed by the 2nd Respondent
with the coordination of 3rd Respondent shall be conducted
Founder’s day. All the interested persons including the petitioner
can be participated in the proposed Founder’s Day Celebrations.
Respondent Nos. 4 and 5 are directed to ensure proper law and
order during the day of Founder’s Day celebrations at the 3rd
Respondent institution.
_________________________________
VENKATESWARLU NIMMAGADDA, J
DT: 06.04.2026
krk
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
W.P.No.10135 of 2025
DT: 06.04.2026
krk
