IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 17557 of 2008 Between: 1 D. Srinivasa Rao S/o. Tammaiah 2 M. Narsaiah S/o. Narayana 3 Karri Appa Reddy S/o. Chinna Pattaiah 4 T. Appa Rao S/o. Appa Rao 5 K.S. Venkata Ramana 6 V.S. Lakshmi W/o. Ram Babu 7 M. Laxmi W/o. M. Narsaiah 8 K. Chiranjeevi Rao S/o. Subramanyeswar Rao 9 K. Ch. Prakasa Rao S/o. Mallaiah ..... Petitioners AND 1 The State of Andhra Pradesh, rep. by the Principal Secretary, Revenue (Endowments) Department, Secretariat, Hyderabad. 2 The Commissioner, Endowments Department, Tilak Road, Hyderabad. 3 Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, East Godavari District, Rep. by its Executive Officer. 4 Sri I.V. Ram Kumar S/o. Late Gopal Rao, person discharging the functions of the Board of Trustees of Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, East Godavari District. .....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 in the nature of Writ of Mandamus or any other appropriate writ or order or direction declaring Section 5 of the A.P. Charitable and Hindu Religious Institutions and Endowments (Amendment) Act, 2007 (Act 33 of 2007) in so far as Explanation 1 (a) is concerned (Explanation 1(a) of Section 17(1) of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987) as illegal and void The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the orders of the High Court dated: 13-8-2009 and 01-9- 2008 and upon hearing the arguments of Sri Kakara Venkata Rao, Advocate for the Petitioners and of the G.P. for Endowments, for the Respondents 1 and 2, and of Sri V.T.M.Prasad, advocate for the Respondent No.3, the Court made the following: ORDER: “This Court, by order dated: 01-09-2008 in W.P.M.P. No. 22825 of 2008 in W.P. No. 17557 of 2008, directed the first respondent to appoint the trustees and constitute a Trust Board to the 3rd Respondent-Institution, without regard to the amended provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments (Amendment) Act, 2007 (33 of 2007). It was further directed that the position existing prior to the amending Act has to be necessarily kept in view as to the eligibility and qualifications etc. at the time of constitution of the Trust Board. But it is now stated that contrary to the said direction, the first respondent passed an order in G.O. Rt. No. 1413 dated 22- 09-2009 issuing fresh notification for constitution of Trust Board invoking the amended provisions of the A.P. Charitable and Hindu Religious Institutions and Endowments (Amendment) Act, 2007 (33 of 2007). In these circumstances, the first respondent is directed to show cause why suo moto action be not initiated against him for deliberate disobedience of the orders of this Court, within fortnight. Post on 12-10-2009.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The Principal Secretary, State of Andhra Pradesh, Revenue (Endowments) Department, Secretariat, Hyderabad. (BY SPECIAL MESSENGER) 2 The Commissioner, Endowments Department, Tilak Road, Hyderabad. 3 Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, East Godavari District, Rep. by its Executive Officer. 4 Sri I.V. Ram Kumar S/o. Late Gopal Rao, person discharging the functions of the Board of Trustees of Sri Veera Venkata Satyanarayana Swamy Vari Devasthanam, Annavaram, East Godavari District. 5. Two Ccs to G.P. for Endowments, High Court of A.P., Hyderabad (OUT) 6. One CC to Sri Kakara Venkata Rao, Advocate (OPUC) 7. Two spare Copies HIGH COURT AB DRAFTED ON 09-10-2009 GMJ & NRRJ DATE: 08-10-2009 NOTE: POST ON 12-10-2009 ORDER WP. NO. 17557 OF 2008 DIRECTION