IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 19155 of 2008 Between: Nallamothu Satyanarayana S/o. Venkata Subbaiah Hereditary Trustee of Sri Chandrappa R/o. D.no. 16-32- 110, Opp. Yadava High School Old Guntur, Guntur District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by the Principal Secretary, Revenue (Endowments- IV) Department, Secretariat Buildings, Hyderabad. 2 The Commissioner of Endowments, Tilak Road, Hyderabad. 3 The Deputy Commissioner, Endowments Department, Guntur, Guntur District. 4 The Assistant Commissioner of Endowments, Guntur, Guntur 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 appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 4th Respondent -Assistant Commissioner in not appointing the petitioner, as hereditary trustee as honourary Chair Person of Trust Board of Chandrappa Cheruvu of Bhallukavanipalem, Kapumanu Mandal, Guntur District, in not considering the applications made by the petitioner time and again dt. 29- 5-2006, 21-8-2006, 23-8-2006,19-4-2007 and 9-7-2008 and 23-5-2008 as illegal, arbitrary and unconstitutional and consequently direct the 4th Respondent-Assistant Commissioner, Guntur to appoint the petitioner as honourary Chairman of the Trust Board as he is declared as hereditary Trustee in O.A.No. 122/1984 dt. 11-9-1985 by the 3rd Respondent-Deputy Commissioner, to Chandrappa Cheruvu, Bhallukavanipalem, Kapumanu Mandal, Guntur District and pass such other order or orders. Counsel for the Petitioner: MR.N.RAVI PRASAD Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following ORDER: The petitioner states that he has been declared and recognized as a Hereditary Trustee for Chandrappa Cheruvu of Bhallukavanipalem, Kapumanu Mandal, Guntur District, a registered end owment , vide orders, dated 11.09.1985, in O.A.No.122 of 1984 by the Deputy Commissioner, Endowments Department, Guntur, the third respondent herein. His grievance is that he is not being included in the Board of Trustees for the endowment, ignoring his rights, conferred under Section 17 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987. Heard the learned counsel for the petitioner and the learned Government Pleader for Endowments. A dispute arose as to the recognition of Hereditary Trustees for the tank. The petitioner and his father approached the third respondent for adjudication under Section 77 of Act 17 of 1966. The third respondent had undertaken extensive discussion of the matter, and ultimately, recognized the petitioner as Hereditary Trustee, since the father of the petitioner was no more. It is, no doubt, true that under Section 16 of Act 30 of 1987, the rights of Hereditary Trustees are abolished. However, proviso added to Section 17 of Act 30 of 1987 had conferred rights, upon them. Hereditary Trustees shall be included in the Trust Boards, whenever constituted. Another aspect of the matter is that a proviso added in the recent past to Section 15 of Act 30 of 1987 directs that if for any reason a Committee or Board of Trustees is not constituted for any endowment, the Hereditary Trustee shall be entitled to manage the aﬀairs of the endowment. Hence, the writ petition is disposed of, directing that the respondents herein shall recognize the rights conferred upon the petitioner under Sections 15 and 17 of Act 30 of 1987 in the context of administration of the endowment mentioned above and take into account the order, dated 11.09.1985, passed by the third respondent in O.A.No.122 of 1984. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:04.09.2008. kdl