IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.30737 of 2010 Between: Aravabhoomi Chandra Sekhar Reedy ..... Petitioner AND A.P. Dharmika Parishad, rep., by its Member Secretary & Commissioner of Endowments, Hyderabad & others. .....Respondents Counsel for the petitioner: Sri M. Vidyasagar Counsel for respondents 1,2-4: GP for Endowments Counsel for respondent No.3: Sri V.T.M. Prasad Counsel for respondents 5-15: Sri R.N. Hemendranath Counsel for respondents 16-21: Sri K. Ananda Rao The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.30737 of 2010 ORDER: This Writ Petition is filed for a Mandamus to set aside order dated 22.11.2010 of respondent No.1, whereby order dated 03.09.2010 of the Commissioner of Endowments was set aside. The dispute raised in this Writ Petition pertains to the entitlement of the petitioner to function as a trustee, pending constitution of the trust board for respondent No.3 temple. Having regard to the several events that have transpired subsequent to the filing of this Writ Petition including disposal of Writ Petition Nos.346 and 28716 of 2010, it is not necessary to record the facts in detail. It will suffice to note that in pursuance of order dated 17.05.2008 passed in O.A.No.28 of 2006 by the jurisdictional Deputy Commissioner of Endowments declaring the petitioner as a member of the founder’s family, the Commissioner of Endowments has passed order dated 03.09.2010 directing his subordinates to permit the petitioner to function as a trustee of respondent No.3 temple, pending CMA.No.1314 of 2008 before this Court. The said order, having been set aside by respondent No.1 under the impugned order, the petitioner filed the present Writ Petition. In Writ Petition No.346 of 2010 filed by the petitioner, this Court has granted stay of constitution of the trust board. With the disposal of the said Writ Petition by order dated 08.03.2011, the decks are cleared for constitution of the trust board by the competent authority i.e., A.P. Dharmik Parishad in accordance with Sections 15 and 17 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, “the Act”). It is also an admitted fact that the order passed in favour of the petitioner in O.A.No.28 of 2006 was suspended for a limited period and that as of now, no interim order is subsisting. As a result, the declaration made in favour of the petitioner that he belongs to the founder’s family is in force as on today, though the same is the subject matter of CMA.No.1314 of 2008. In these admitted set of circumstances, I am of the opinion that it could be in the interests of justice that the Writ Petition is disposed of in the following terms. a) Respondent No.1 is directed to initiate immediate steps for constitution of a non-hereditary trust board. While so constituting, respondent No.1 shall take into consideration the claim of the petitioner with reference to the provisions of Sections 15 and 17 of the Act and the objections, if any raised by the interested parties for appointing him as Chairman of the non-hereditary trust board. b) In the event of respondent No.1 deciding to appoint the petitioner as the Chairman of the non-hereditary trust board, it shall be made clear in the order of appointment that the same shall be subject to the result of CMA.No.1314 of 2008 pending in this Court. c) Respondent No.1 shall initiate the process for constitution of the trust board and complete the same strictly in accordance with the provisions of the Act, within a period of two months from the date of receipt of this order. Pending constitution of the trust board, status quo as on today shall be maintained with regard to the petitioner’s functioning as trustee being the member of the founder’s family. Ordered accordingly. As a sequel to disposal of the Writ Petition, WPMP No.39114 of 2010, WVMP.No.5924 of 2010 and WVMP(SR).Nos.167825 and 167251 of 2010 are disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 09.03.2011 ES