IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 115 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 26/09/2008 in WP NO : 20269 OF 2008 on the file of the High Court.) Between: Gandla Bathi Setty S/o. Gandla Govinda Shetty R/o. Bandarupally Village, Yerpedu Mandal, Chittoor District. ..... APPELLANT AND 1 Puthuru Jaya Shanker Reddy S/o. Mutha Reddy R/o. Pathaveerapuram Village, Yerpedu Mandal, Chittoor District. 2 The State of Andhra Pradesh, rep. by its Secretary, Revenue ( Endowments ) Department, Secretariat, Hyderabad. 3 The Commissioner, Endowments Department, Tilak Road, Hyderabad. .....RESPONDENTS Counsel for the Appellant: SRI M.VIDYASAGAR Counsel for the Respondents: SRI.P.YADAGIRI RAO The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO :115 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is preferred by the appellant aggrieved by the order, dated 26.9.2008 in WPMP No.26459 of 2008 in W.P.No.20269 of 2008. The appellant herein is a third party to the writ proceedings. The 1st respondent herein is the writ petitioner. He filed the above writ petition seeking a direction to the Government to issue a fresh notification in the matter of constitution of Board of Trustees to Sri Kalahasteeswara Swamy temple, Kalahasti, Chittoor District, in accordance with the provisions of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 and the Rules framed “Appointment of Trustees Rules, 1987” by the Government in exercise of powers conferred by Sub-section (3) of Section 17 of the said Act, while declaring the Notification in G.O.Rt.No.2355, Revenue (Endowments-II) Department, dated 5.11.2007 as illegal. Along with the above writ petition, the writ petitioner filed WPMPNo.26459 of 2008 seeking stay of constitution of the Trust Board to Sri Kalahasteeswara Swamy Temple. The learned Single passed the following in the above WPMP: “There is a serious dispute as to whether it is competent for the 2nd respondent herein to issue notification, inviting applications for constitution of a Trust Board for Sri Kalahasteeswara Swamy Temple, Kalahasti. It is represented that it is only the first respondent that can undertake such an exercise. The matter needs to be examined. There shall be interim stay as prayed for. It is however made clear that it shall be open to the 1st respondent to issue fresh notification and to take further steps.” Having aggrieved by the same, the appellant, who is a third party to the proceedings, filed this appeal with the leave of the Court. Heard the learned Counsel and perused the material available on record. The appellant, who is a third party to the proceedings, is aggrieved by the order of the learned Single Judge as to the issuance of fresh notification. The present appeal is filed against the interlocutory orders. The main writ petition is pending. If the appellant is aggrieved, he can take steps for his impleadment in the writ petition, or else, if the notification is issued, the appellant is not precluded from questioning the same, if he so desires. Without availing such remedies, the approach of the appellant by filing this appeal, is a premature one. In this view of the matter and in view of the fact that the present appeal is preferred against the interlocutory orders and the relief sought for in W.P.M.P relates to the subject matter in the main writ petition, we feel that this appeal is devoid of merits and as such, the same is liable to be dismissed. Accordingly, the writ appeal is dismissed. However, the Registry is directed to post the W.P. in the first week of March, 2009, after obtaining the necessary orders from the Hon’ble the Chief Justice. _________________________ Justice T. Meena Kumari ____________________________ Justice C.V. Nagarjuna Reddy Date: 5th February, 2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 115 of 2009 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 5th February, 2009