IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU W.P.Nos.27490 & 28230 of 2008 W.P.No.27490 of 2008 Between: Jalgam Bixam S/o.Peeraiaha R/o.Nemmikal Village, Atmakuru.S. Mandal, Nalgonda District. ..... PETITIONER AND 1The Commissioner, Endowments Department, Hyderabad. 2The Deputy Commissioner, Endowments Department, Hyderabad. 3The Assistant Commissioner, Endowments Department, Nalgonda District. 4Sri Dendumaisamma Devasthanam, Rep. by its Executive Officer, Nemmikal Village, Atmakuru.S Mandal, Nalgonda District. 5Kothi Pradeep Reddy S/o.Chalapathi Reddy R/o. Nemmikal Village, Atmakuru.S. Mandal, Nalgonda District. 6Gopagani Lakshmamma W/o.Venkataiah R/o. Nemmikal Village, Atmakuru.S. Mandal, Nalgonda District. 7Jatangi Ramanarasaiah S/o.Mallaiah R/o. Nemmikal Village, Atmakuru.S. Mandal, Nalgonda District. 8Mahankali Ram Murthy S/o.Rangaiah R/o. Nemmikal Village, Atmakuru.S. Mandal, Nalgonda District. 9Jalagam Saidulu S/o.Muthaiah R/o. Nemmikal Village, Atmakuru.S. Mandal, Nalgonda District. .....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 a Writ, order or direction, one more particularly in the nature of a "Writ of Mandamus" declaring the proceedings of the 1st respondent dated 19-11-2008 in No.II/42301/2008 as illegal, arbitrary, unconstitutional and violative of principles of natural justice and consequently set aside the same and pass such other order or orders. Counsel for the Petitioner:MR.P.SRI HARSHA REDDY Counsel for the Respondent No.: GP FOR ENDOWMENTS W.P.No.28230 of 2008 Between: 1 B. Sathi Reddy, S/o. B. Pitchi Reddy, R/o. Nemmikal Village, Atmakurur S. Mandal, Nalgonda Dsitrict. 2 V. Appaiah, S/o. Nagaiah, R/o. Nemmikal Village, Atmakurur S. Mandal, Nalgonda Dsitrict. 3 P. Gangaiah, S/o. Venkataiah, R/o. Nemmikal Village, Atmakurur S. Mandal, Nalgonda Dsitrict. 4 Shaik Peersaheb, S/o. Madar Saheb, R/o. Nemmikal Village, Atmakurur S. Mandal, Nalgonda Dsitrict. 5 V. Mallaiah, S/o. Somaiah, R/o. Nemmikal Village, Atmakurur S. Mandal, Nalgonda Dsitrict. 6 Ch. Mallaiah, S/o. Malsoor, R/o. Nemmikal Village, Atmakurur S. Mandal, Nalgonda Dsitrict. 7 J. Sathaiah, S/o. Aravaiah, R/o. Nemmikal Village, Atmakurur S. Mandal, Nalgonda Dsitrict. ..... PETITIONER(S) AND 1The Commissioner, Endowments Department, Hyderabad. 2The Deputy Commissioner, Endowments Department, Hyderabad. 3The Assistant Commissioner, Endowments Department, Nalgonda District. 4Sri Dendumaisamma Devasthanam, Rep by its Executive Officer, Nemmikal Village, Atmakuru S. Mandal, Nalgonda District. 5Kothi Pradeep Reddy, S/o. Chalapathi Reddy, Nemmikal Village, Atmakuru S. Mandal, Nalgonda District. 6Gopagani Lakshmamma, W/o. Venkataiah, Nemmikal Village, Atmakuru S. Mandal, Nalgonda District. 7Jatangi Ramanarasaiah, S/o. Mallaiah, Nemmikal Village, Atmakuru S. Mandal, Nalgonda District. 8Mahankali Ram Murthy, S/o. Rangaiah, Nemmikal Village, Atmakuru S. Mandal, Nalgonda District. 9Jalagam Saidulu, s/o. Muthaiah, Nemmikal Village, Atmakuru S. Mandal, Nalgonda District. .....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 a writ, order or direction, one more particularly in the nature of a "Writ of Mandamus" declaring the proceedings of the 1st respondent dated 1-11-2008 in NO. II/42301/2008 as illegal, arbitrary, unconstitutional and violative of principles of natural justice and consequently set aside and same and pass Counsel for the Petitioner:MR.V.RAMCHANDER GOUD Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.Nos.27490 & 28230 of 2008 COMMON ORDER: In these two writ petitions, common questions of law and fact arise for consideration, therefore they are being disposed of by this common order. It appears, for the purpose of constitution of Non-Hereditary Trustees to Sri Dandumaisamma Devasthanam, Nemmikal village, Atmakuru S.Mandal, Nalgonda district, a notification was issued on 13.10.2008 inviting applications as required under law. In pursuance of the said notification, petitioner in W.P.No.27490 of 2008 and others have applied to the said trusteeship and on considering the said applications, first respondent passed impugned orders dated 19.11.2008 appointing the unofficial respondents as Non-Hereditary Trustees to the subject Temple for a period of two years. It is the grievance of the petitioners that the first respondent has not followed the procedure prescribed under Rule 4 of appointment of Trustees Rules, 1987 before appointing the unofficial respondents as non-hereditary trustees to the subject temple. Neither a notice was displayed on the notice board of the subject temple, nor the same was notified in conspicuous places, viz., Gram Panchayat, Mandal Revenue Office, Municipal Office etc., much less the same was published in local newspaper, as required under law. Therefore, there was no sufficient opportunity to the petitioners to apply for the trusteeship of the subject temple, therefore it can be said that the appointment of unofficial respondents under the impugned proceedings was done in a concealed manner. The learned Government Pleader appearing for respondents stated that paper publication is required only in case of big towns. The subject temple is located in a small village and the procedure as required under law has been followed by affixing the notice on the notice board of Gram Panchayat and other conspicuous places apart from beat of tom- tom in the village. The learned Government Pleader further states that the unofficial respondents took oath of office on 17.12.2008 at 11.00 a.m. and have assumed the charge. Heard both sides. Insofar as grievance of petitioner in W.P.No.27490 of 2008 is concerned, he himself applied for the Trusteeship of the subject temple by way of filing application on 29.10.2008. The learned Government Pleader has placed the said application before the Court. The strokes of the signature available on the said application and the strokes in the affidavit filed in support of the writ petition are essentially one and the same. The petitioner has not denied as to this fact. Therefore, it cannot be said that the petitioner lacks sufficient opportunity and this ground is not available to him. Thought the petitioner sought to project that no notification was issued calling for applications for appointment of Trustees to the subject temple, by producing a certificate purported to have been issued by the Secretary of Gram Panchayat, the learned Government Pleader produced letters issued by the Upa Sarpanch and Mandal Parishad Development Officer to show that the Manager of the subject temple has affixed notice on the notice board of the Gram Panchayat and that the certificate produced by the petitioner could not have been issued by the Gram Panchayat, since there was no regular secretary available in the village. Insofar as grievance of petitioners in W.P.No.28230 of 2008 is concerned, in the counter filed by the respondents, it was asserted that notice was displayed on the notice board of subject temple as well as Gram Panchayat and other conspicuous places in the village apart from beat of tom-tom in the village. Petitioners have not seriously disputed as to this fact, except stating that there was no paper publication as required under Rule 4 of the Appointment of Trustees Rules, 1987. Be that as it may, since the unofficial respondents have already taken charge on 17.12.2008, I am of the opinion that the writ petitions are devoid of merits and liable to be dismissed. Accordingly, both the writ petitions are dismissed. No order as to costs. ____________ C.V.RAMULU, J Date: 13.2.2009 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.Nos.27490 & 28230 of 2008 13.2.2009