IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13588 of 2004 Between: Makineni Venkateswra Rao C/o China Veeraiah Dharmachintala Vanam, Vatticherukuru Guntur District and R/o Abbineniguntapalem Pedanandipadu Mandal, Guntur District ..... PETITIONER AND The Assistant Commissioner of Endowments, Guntur, Guntur District .....RESPONDENT 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 a Writ, order or direction more in the nature of mandamus declaring the action of the Assistant Commissioner of Endowments in issuing the notification notifying that the Board of Trustees would be appointed for Makinenivari Dharmachintala Vanam under Section 15 of the Act 30 of 1987 by his imugned notification issued in Rc. No. A5/8694/04, dated 13-7-2004 as invalid, illegal, void and without power, jurisdiction or authority either under Section 15 of or any other provision of the Act 30/1987 and consequentially to direct the respondent to refrain from in any way interfering with the functions of the petitioner as the managing Trustee of the endowment viz., Makinenivari Dharamachintala vanam, Votticherukuru Guntur District Counsel for the Petitioner: MR.M.SUDHIR KUMAR Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No: 13588 of 2004 O R D E R: This writ petition is filed seeking a declaration that the notification dated 13-07-2004 issued by the respondent inviting applications for constitution of board of trustees for Makinenivari Dharmachintala Vanam, Vatticherukuru under Section 15 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’) as arbitrary and illegal. It is primarily contended by the petitioner, who claims to be the elected Managing Trustee of the Endowment, that the Endowment in question is not notified under Section 6 of the Act, and therefore the question of exercising power under Section 15 of the Act does not arise. This Court, while granting rule nisi, by order dated 03-08-2004, granted interim stay of all further proceedings pursuant to the notification and the said order was made absolute on 18-10-2005. Even according to the petitioner, the term of the Board of Trustees, including the petitioner as Managing Trustee, was up to April, 2007, which expired long back. Hence, nothing survives for adjudication on merits. Accordingly, without going into the merits, the writ petition is disposed of. No costs. ______________ G. ROHINI,J Date: 10-12-2008 KLP