THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.6542 of 2008 ORDER: This Writ Petition is filed questioning notice, dated 13.02.2008 issued by the first respondent - Commissioner of Endowments, Andhra Pradesh, Hyderabad, inviting applications for constitution of Trust Board to Sri Narayanaswamy Temple, Mittapalem Village, C.S.Puram Mandal, Prakasam District. At the stage of admission, this Court passed interim orders on 31.03.2008 and the said orders continued all along. Mainly it is the case of the petitioner that in view of amendments effected to Section 15(1) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’), the Commissioner is not competent to issue notice for constituting a Trust Board. Though the Writ Petition is of 2008, no counter-affidavit is filed. Section 15(1) of the Act reads as under: 15. Appointment of Board of Trustees:-- In respect of a Charitable or Religious Institution or Endowment, - (1) Included in the list published under clause (a) of Section 6, where the income for the Institution exceeds Rupees one crore per annum, the Government shall constitute a Board of Trustees consisting of nine persons appointed by them; where the income of the institution is between Rs.25 lakhs to Rupees one crore per annum, the Dharmika Parishad shall constitute a Board of Trustees consisting of nine persons. In this case, it is the specific allegation of the petitioner that the subject temple is included in the list published under Section 6(a) of the Act and the income of the temple is below one crore. It is to be noticed that so far as the temples listed under Section 6(a) of the Act are concerned, Dharmika Parishad is the competent authority for the temples having income between 25 lakhs to one crore per annum and Government is the competent authority for the institutions having income more than one crore. As much as it is not in dispute that the temple in question is included in the list published under Section 6(a) of the Act and its income is below one crore, the impugned notice issued by the first respondent is without jurisdiction. For the aforesaid reasons, the impugned notice is hereby quashed and the Writ Petition is allowed. However, it is open to the competent authority to constitute a Trust Board by issuing necessary notification. No order as to costs. _______________________ R.SUBHASH REDDY, J 26th AUGUST, 2011. kvni