HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.23627 of 2000 Dated this the 13th day of February, 2008 Between: Thota Paideswara Rao and another … Petitioner AND The Asst. Commissioner of Endowments, Vijayawada and 3 others … Respondents HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.23627 of 2000 ORDER: This Writ Petition has been filed by the petitioners seeking to declare the orders of the first respondent-Assistant Commissioner of Endowments, Vijayawada, dated 10.0.1998 recognizing the second respondent has member of the founder’s family of the temple without issuing notice to other members of founder’s family including petitioners as arbitrary, illegal and violative of principles of natural justice. 2) Thota Nageshwar Rao, second respondent herein filed an application before the first respondent for recognizing him as member of founder’s family with certain documents in support of his contention. The first respondent after perusing the documents disposed of the said application recognizing the second respondent as number of the founder’s family by observing that there are no rival claims and except Thota Nagaeswara Rao, on other person has filed application recognizing as member of the founder’s family. Being aggrieved by the same, the petitioners ought to have preferred an appeal to the Regional Joint Commissioner under Section 9 of the Andhra Pradesh Hindu Religious Charitable and Endowments Act, 1987, but they approached this Court through this writ petition challenging the order of the first respondent. 3) The order of the first respondent, dated 25.11.1995 discloses that he accorded permission to Sri Dasu Prasada and to succeed into the management as Hereditary Trustees besides rendering archakatvam services. 4) The petitioners contended that the first respondent does not follow the procedure prescribed under law and did not afford any opportunity to contest the matter. 5) Where Thota Nageshwara Rao, second respondent is properly recognized as member of the founder’s family or whether there are any other members to be preferred as members of the founder’s family over the second respondent are the questions to be decided in the appeal by the Regional Joint Commissioner after hearing both parties. 6) Accordingly, the Writ Petition is dismissed as not maintainable. However, the petitioners are at liberty to prefer an appeal to the Regional Joint Commissioner of Endowments under Section 92 of the Act and on filing of such appellant, the learned Regional Joint Commissioner after giving opportunity to both parties shall pass appropriate orders according to law. No order as to costs. __________________ Dr.G. YETHIRAJULU, J Date: 13.02.2008 Isn