IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION No: 18549 of 2001 BETWEEN: C. Harinath S/o Sri C. Lalaiah, R/o 5-3-4/F, Zeera, Secunderabad. President of Sri Jai Bajrang Hanuman Temple, Association, Registrartion No.718. ... PETITIONER AND 1 The Assistant Commissioner of Endowments, Twin Cities, Hyderabad. 2 Sri V. Ranga Rao, Executive Officer of Sri Veera Hanuman Temple, S.P.Road, Secunderabad. Appointed Single Trustee of Sri Jai Bajrang Hanuman Temple, Zeera, Secunderabad. 3 M.Srinivasa S/o Bhikshpathi, 6-6-251/1, GVR Compound, Zeera Secunderabad. impleaded as per court order in WPMP32381/02 dt: 31.12.01 ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a Writ, Order or Direction, more particularly a Writ in the nature of Writ of Certiorari to call for the records relating to the proceedings of the Assistant Commissioner of Endowments, Twin Cities, Hyderabad passed in his Oﬃcer Rc.No.C/2211/90, dt: 2.5.2001 and the same may be quashed and pass such other order or orders. Counsel for the Petitioner: MR.VIDYASAGAR MAREPPA Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following: ORDER: The petitioner herein, being the President of Sri Jai Bajrang Hanuman Temple Association, Secunderabad, challenges the proceedings of the Assistant Commissioner of Endowments, Twin Cities, Hyderabad, in Rc.No.C/2211/90 dated 02.05.2001 whereby a Single Trustee was appointed for the said Temple in exercise of the powers conferred under Section 15(3) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. 2. The averments made in the affidavit filed in support of the writ petition are to the eﬀect that the petitioner temple association was formed in the year 1984 and was duly registered under the Societies Registration Act with Registration No.718/84. This association was formed with the idea of constructing a temple for the idol of Lord Hanuman, which was in existence at the subject location since 1928. It is stated that the Endowments Department of the State never exercised any jurisdiction in respect of the subject temple be it for the purpose of registration or for classifying it under the provisions of the Act of 1987. It is claimed that the subject temple is a private temple in view of the fact that it was neither registered under Section 43 nor classified under Section 6 of the Act of 1987. 3. The petitioner’s complaint is with regard to the action of the Assistant Commissioner of Endowments Department, Twin Cities, Hyderabad, the ﬁrst respondent herein, in appointing a Single Trustee for the subject temple by the proceedings dated 02.05.2001. The said proceedings are issued in exercise of the powers conferred by Section 15(3) of the Act of 1987 and the same is called in question before this Court in the present writ petition on the ground that the said authority had no jurisdiction to pass such an order as the subject temple was neither registered nor classiﬁed under the provisions of the Act of 1987. It is also stated that the said order was passed in violation of the principles of natural justice as no notice was given prior thereto. 4. By interim order dated 05.09.2001, this Court directed status quo existing as on that date to be maintained. 5. Having heard Sri M. Vidyasagar, learned counsel for the petitioner and the learned Government Pleader for Endowments, I do not ﬁnd it necessary to go into the issue as to whether the Act of 1987 would have application to the subject temple or not basing on the mere ground that it was neither registered nor classiﬁed under the provisions thereof. The speciﬁc exercise of jurisdiction by the ﬁrst respondent under Section 15(3) of the Act of 1987 is under challenge. 6. Section 15 of the Act of 1987 reads as hereunder: “15. Appointment of Board of T rustees: - (1) In respect of a charitable or religious institution or endowment included in the list published under Clause (1) of Section 6- (a) whose annual income exceeds rupees ten lakhs, the Government shall constitute a Board of Trustees consisting of nine persons appointed by him; (b) whose annual income does not exceed rupees ten lakhs, the Commissioner shall constitute a Board of Trustees consisting of five persons appointed by him. (2) In respect of a charitable or religious institution or endowment included in the list published under Clause (b) of Section 6, the Deputy Commissioner having jurisdiction shall constitute a Board of Trustees consisting of five persons appointed by him. (3) In the case of any charitable or religious institution or endowment included in the list published under clause (c) of Section 6, the Assistant Commissioner having jurisdiction shall constitute a Board of Trustees consisting of three persons appointed by him; Provided that the Assistant Commissioner may either in the interest of the institution or endowment or any other suﬃcient cause or for reasons to be recorded in writing appoint a single trustee instead of a Board of Trustees.” 7. It is manifest from a reading of the above provision that it is only in respect of institutions included in the list published under Section 6 of the Act of 1987 that the powers conferred by the above Section would come into play. It is an admitted fact that the subject temple is not mentioned in the lists published under Section 6 of the Act of 1987 and accordingly, the ﬁrst respondent had no authority to pass the impugned proceedings appointing a Single Trustee. On this very short ground the proceedings dated 02.05.2001 of the ﬁrst respondent are found to be illegal and without jurisdiction. The writ petition is accordingly allowed setting aside the said order. There shall be no order as to costs. __________________ P.V. SANJAY KUMAR, J November 5, 2008 DSK