IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 16092 of 2001 Between: 1. Valluri Venkata Raghavendra Rao S/o late Venkata Subbaiah Sri Agastheswara Swamy Temple Vangipuram village, Prattipadu Mandal Guntur Dist (DIED) per L.R. 2. Valluri Siva Kameswara Rao S/o Late Valluri Venka Raghavendra Rao resident of Vangipuram Village, Prathipadu Mandal, Guntur District. (Petitioner No.2 impleaded as per Court order dated 4.4.2008 In W.P.M.P.No.33539 of 2007). ..... PETITIONERS AND 1 The Government of A.P., rep. by its Prl.Secretary Revenue (Endts.IV) Department, Secretariat, Hyderabad. 2 The Regional Joint Commissioner Multi Zone-II, Endowments Department, Tirupathi, Chittoor District. 3 The Assistant Commissioner Endowments Department, Guntur-2. 4 The Executive Officer Sri Agastheswara Swamy Temple Vangipuram, Prattipadu Mandal Guntur 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 any appropriate writ, order or direction more particularly one in the nature of writ of certiorari calling for the records relating to the Memo No.7014/E.IV(2)/99 Dt.14/05/2001 issued by the 1st respondent and quash the same and consequently declare the petitioner as Founder Trustee of Sri Agastheswara Swamy Temple, Vangipuram Village, Prattipadu Mandal, Guntur Dist and pass such other order. Counsel for the Petitioner: MR.T.S.ANAND Counsel for the Respondent No.: MR.METTACHENDRA SEKHAR RAO The Court made the following : ORAL ORDER: The petitioner herein claiming to be the heir of the founder trustee, one Venkata Subbaiah in respect of Sri Agastheswara Swamy Temple, Vangipuram, Prattipadu Mandal, Guntur District, sought recognition as a member of the founder’s family, by a representation dated 16.10.1997 addressed to the 3rd respondent. By order-dated 9.4.98, the third respondent recognized the petitioner as a member of the family of the founder trustee of the Temple. There against, Executive Officer of the Temple filed R.P.No.17/98 before the 2nd respondent. By order dated 7.11.1998, the 2nd respondent initially granted stay and eventually by order dated 9.8.1999 allowed the revision petition preferred by the Executive Officer and held that the original petitioner was not entitled to function as founder trustee since he was also functioning as Archaka and was, therefore, disqualified under Section 19(c) and 19(g) of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’). There against a revision petition was filed before the 1st respondent, which was dismissed by order-dated 14.5.2001 impugned in the writ petition. During the pendency of the writ petition, the original petitioner died on 21.2.2007 and on his death his claim for recognition as founder trustee or any orders passed in respect of such claim are also eclipsed. The 2nd petitioner who has been impleaded as the legal representative of the original petitioner now seeks recognition as the founder trustee of the temple through the original writ petitioner and has also filed an application to the authority under Section 87(g) of the Act for recognition as such. In the circumstances, as the original petitioner died, the writ petition is dismissed as abated with liberty to the 2nd petitioner to pursue his claims before the competent Authority in accordance with law. ___________________ 4th April, 2008 GODA RAGHURAM, J vtv