IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY THE TWENTY FOURTH DAY OF MARCH, TWO THOUSAND AND SIX :PRESENT: THE HONOURABLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 3988 of 2006 Between: S.V. Sudhakara Rao S/o Late Sri S.V.R.G. Narasimha Rao, 63 Years, Occ: Member, Founder's Family, Sri Venkateswara Swamy Devasthanam, Dwaraka Tirumala, W.G District, R/o. Mylavaram Post, Krishna District. ..... Petitioner AND 1. The State of A.P., rep. by its Principal Secretary, Revenue ( Endowments IV), Department, Secretariat, Hyderabad. 2. The Commissioner, Endowments Department, Tilak Road, Hyderabad. 3. The Assistant Commissioner, Endowments Department, Eluru, W.G. District. .....Respondents 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 issue an order, direction or a writ, one in the native of a Writ of Mandamus directing the respondents to scrupulously follow the provisions of section 17, 18, and 19 of A.P. Act No.30 of 1987 and Appointment of Trustees Rules, 1987, in the matter of Constitution of Board of Trustees, while declaring the action of the respondents in issuance of the Memos in R.C.No.A3/56685/03 dated 28.07.2005 and 15.2.2006 as illegal and opposed to the Provisions of A.P. Act No.30 of 1987, and Appointment of Trustee Rules, 1987 framed under Sections 17 and 153 of A.P. Act No. 30 of 1987. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and order of High Court dt. 16-3-2006 made herein and upon hearing the arguments of Sri P. Yadgir Rao, Advocate for the Petitioner and the Govt. Pleader for Endowments on behalf of the Respondents, the Court made the following ORDER:- The 2nd respondent shall produce the letter of the “Hon’ble M.L.A.” referred to in his proceedings RC.No. A3/56685/03 dated 15.2.2006, on the basis of which the 2nd respondent directed the Deputy Commissioner, Endowments, Eluru, to verify whether the applications of individuals mentioned in the “Hon’ble MLA’s” letter dated 4.1.2006 were received in the Deputy Commissioner’s Office and if not, that the Deputy Commissioner should obtain their applications in the prescribed form; verify their antecedents as per Rules and thereafter submit the Deputy Commissioner’s verification report along with the report already called for in the Commissioner’s earlier proceedings dated 13.12.2005. The 2nd respondent shall also submit the entire file along with the notings; orders passed by the said respondents and communications received by the said respondent from any person or authority relating to the constitution of the Trust Board for “Sri Venkateswara Swamy Devasthanam”, Dwaraka Tirumala, West Godavari District, pursuant to the Govt. Memo dated 5.5.2005 directing the 2nd respondent to issue a notification, under Sec. 15(1)(4) of the A.P. Charitable and Hindu Religious Institutions & Endowments Act, 1987 to constitute the Trust Board. The entire material and accompanying documents and files shall be produced for the perusal of this Court on 27.3.2006. A copy ofo the order be furnished to the learned G.P. for endowments, today itself. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR Contd..2.. . 2 . To 1. The Principal Secretary, Revenue ( Endowments IV), Department, Govt. of A.P., Secretariat, Hyderabad. 2. The Commissioner, Endowments Department, Tilak Road, Hyderabad. ( RR. 1 AND 2 BY SPECIAL MESSENGER) 3. The Assistant Commissioner, Endowments Department, Eluru, W.G. District. ( BY SPEED POST) 4. Two CCs to the Govt. Pleader for Revenue, High Court of A.P., Hyderabad. (BY SPECIAL MESSENGER) 5. Two CCs to the Govt. Pleader for Endowments, High Court of A.P., Hyderabad. (BY SPECIAL MESSENGER) 5. One spare copy. 6. One CC to Sri. P. Yadgir Rao, Advocate (BY SPECIAL MESSENGER ) TKK HIGH COURT GR.J DT.24-3-2006. ORDER W.P.NO. 3988 OF 2006. DIRECTION. DRAFTED BY TKK DT.24-3-2006. HIGH COURT GR.J DT.24-3-2006. NOTE :Post on 27-3-2006. ORDER W.P.NO. 3988 OF 2006. DIRECTION.