THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION No. 31042 OF 2011 DATED:24-11-2011 Between: V. Sridhar Kumar … Petitioner And The Government of Andhra Pradesh, rep., by its Chief Secretary, General Administration Department, Secretariat, Hyderabad and four others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION No. 31042 OF 2011 ORDER: (per the Hon’ble the Chief Justice Shri Madan B. Lokur) 1. The challenge in the writ petition is to Section 6 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’). It is submitted that this Section is illegal, arbitrary, unreasonable and violative of Articles 25 and 26 of the Constitution of India. A further prayer is made for a direction to respondent Nos. 1 to 3 to notify two temples in Siddantham Village, Penugonda Mandal, West Godavari District for administering them. 2. Section 6 of the Act reads as follows: “6. Preparation and publication of list of charitable and religious institutions and endowments on the basis of income:- The Commissioner shall prepare separately and publish in the prescribed manner, a list of – (a)(i) the charitable institutions and endowments ; or (ii) the religious institutions and endowments other than maths; whose annual income as calculated for the purpose of levy of contribution under Section 65 exceeds rupees twenty five lakhs; (b)(i) the charitable institutions and endowments; (ii) the religious institutions and endowments, other than maths; whose annual income calculated as aforesaid exceeds rupees two lakhs but does not exceed rupees twenty five lakhs; (c)(i) the charitable institutions and endowments; or (ii) the religious institutions and endowments other than maths not falling under Clause (a) or Clause (b); (d) the maths irrespective of the income; (e) the Dharmadayam irrespective of the income: Provided that the Commissioner may after the classification assigned to an institutions or endowment in the list and enter the same in the appropriate list in case the annual income of such institution or endowment calculated as aforesaid exceeds or falls below the limits specified in Clause (a) or Clause (b) or Clause (c) for three consecutive years.” 3. A perusal of the Section shows that it merely enables the Commissioner to prepare and publish a list of temples falling under two separate categories i.e., by Clause (a) and Clause (b) thereof. All other charitable institutions and endowments and religious institutions and endowments etc. not covered by Clause (a) or Clause (b) of Section 6 of the Act are covered by Clause (c) thereof. 4. It appears, therefore, that the Commissioner is entitled only to make a list and to publish it. The effect of making and publishing such a list is not covered by Section 6 of the Act but by other provisions of the Act, with which we are not concerned for the time being. 5. Empowering the Commissioner to make a list as prescribed under Section 6 does not violate any fundamental right of anybody. All that is required is the preparation of a list and nothing more. The consequences thereof, as mentioned above, are not the subject matter of the writ petition. 6. In view of the above, we do not find any reason to strike down Section 6 of the Act as unconstitutional. 7. The writ petition and the miscellaneous applications are accordingly dismissed. MADAN B. LOKUR, CJ SANJAY KUMAR, J 24-11-2011 ks