IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2730 of 2006 Between: 1 Sri Parepalli Sriramulu Dharma Ramanja Kutam, rep. by its Founder's Family Member, Chebrolu Vijayalakshmi, Brahimin Street, Vijayawada-1. 2 Chebrolu Vijayalakhmi, W/o. Shyam Sunder Rao, R/o. Door No.11-63-29, Brahmin Street, Vijayawada-1, Krishna District. ..... PETITIONER(S) AND 1 The Commissioner of Endowments, Govt of A.P., Boggulakunta, Hyderabad. 2 The Deputy Commissioner of Endowments, Kakinada, E.G.District. 3 The Assistant Commissioner of Endowments, Vijaywada, Krishna District. 4 G.D.N. Leela Kumar Fit Person, Sri Brahmachari Bhavaji Mutt, Central road, Vijayawada1. 5 Govt of A.P. Endowments Department, rep. by the Secretary, Secretariat, Hyd. .....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 issue an appropirate writ order or direction more particualrly one in the natureof writ of Certiorari by calling for the records relating to and in connection with the order dt. 25.8.2005 in R.C.No.E3/1186/2005 by the 1st respondent as conﬁrmed by the 5th respondent in Memo No.47510/Endts.IV(1)/2005-7 dt. 27.1.2006 and to quash the same as illegal, arbitrary, violative of principles of natural justice and ARt. 14 of the constitution of India and also mandatoryprovisions of the A.P.Act 30 of 1987 and to pass. Counsel for the Petitioner:MR.SREENIVASA RAO VELIVELA Counsel for the Respondent No.: MR.I.INDRANI The Court made the following : THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY W.P.No.2730 of 2006 ORDER: The petitioners are members of the founders’ family of Sri Paprepalli Sriramulu Dharma Ramanja Kutam (for short ‘the institution). The Commissioner of Endowments-ﬁrst respondent appointed the 4th respondent as ﬁt person through proceedings dated 25.8.2005. Aggrieved thereby the petitioners ﬁled revision petition before the Government under Section 93 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act 30/87 (for short ‘the Act’). Revision petition was dismissed on 27.01.2006. The same is challenged in this writ petition. The learned counsel for the petitioners contends that the institution is not covered by the provisions of the Act at any rate and it is being run by the management of the founders’ trustee or family members. According to the petitioners, the appointment of the 4th respondent as ﬁt person is untenable, apart from contrary to law. The 4th respondent ﬁled counter stating inter alia that his appointment is not vitiated in any manner. Heard the learned counsel for the petitioners, the learned Government Pleader for Endowments and the learned counsel for the 4th respondent. The petitioners claim that the institution is exclusively established and managed by the persons of Arya Vysya Community and in the recent past, the Government of Andhra Pradesh issued G.O.Ms.No.1098 (Revenue (Endowments.1) Department, dated 11.9.2008 exempting the Chowltries and institutions managed by Arya Vysya Community from the operation of Section 15 and 29 of the Act. In case the institution is covered by the said G.O., the appointment of the 4th respondent becomes untenable. However, it needs to be examined by the 1st respondent. Hence, the writ petition is disposed of directing the 1st respondent to re-examine the order of the appointment of the 4th respondent, dated 25-08-2005 in the light of the G.O.Ms.No.1098, Revenue (Endowments-I) Department, dated 11.9.2008 and communicate his decision thereon to the petitioners, within a period of two months from the date of receipt of a copy of this order. ____________________ L.NARASIMHA REDDY, J 13.11.2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK}