THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22029 of 2001 Date: 09.02.2011 Between : Janga Ramesh Reddy .… Petitioner and The Commissioner, Endowments Department, Boggulakunt, Abids, Hyderabad and others. …. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22029 of 2001 ORDER : The petitioner, claiming to be a Founder Trustee of Sri Seeta Ramanjaneya Swamyvari Temple, Komerapudi village, Guntur District, has filed this writ petition assailing the order passed by the 1st respondent-Commissioner, Endowments Department, Hyderabad, in Rc.No.G2/46605/2001-73, dated 31.8.2001, appointing the 4th respondent as the Executive Officer for a group of temples enumerated therein, including Sri Seeta Ramanjaneya Swamyvari Temple. 2. It is stated that Sri Seeta Ramanjaneya Swamyvari Temple is a small temple with an annual income of less than Rs.50,000/-, falling within the category of Section 6(c) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for brevity “the Act”). The petitioner, being a founder member, has been taking care of the said temple and conducting the festivals and other ceremonies from the meager income of the said temple and also from his own funds. It is stated that the appointment of the 4th respondent as the Executive Officer of the subject temple has caused further burden to the temple, which is struggling for its bear maintenance. Therefore, complaining that the appointment of the 4th respondent as Executive Officer of the subject temple has been done without actual verification of the financial status and the requirement for such appointment, the petitioner has filed this writ petition for the aforesaid relief. 3. It may be mentioned here that the impugned appointment has been made in pursuance of the provisions of Section 29 of the Act, as it existed prior to the amendment made to the said section by way of substitution through Act No.33 of 2007, which came into effect from 03.01.2008. A reading of the original provision under Section 29 in juxtaposition to the amended provisions of Section 29 of the Act would show that the appointment of an Executive Officer in respect of an institution with an income of less than Rs.2,00,000/- per annum is not automatic, but the same is subject to such institutions having substantial immovable properties or such institutions requiring better administration or for any other reason to be recorded in writing by the competent authority, namely the Commissioner. 4. This Court, while admitting the writ petition, by order dated 19.10.2001 in W.P.M.P.No.27735 of 2001 granted interim order staying the impugned proceedings, while clarifying that the Executive Officer appointed under the impugned proceedings dated 31.8.2001 has to work under the instructions of the Hereditary Trustee. 5. Learned counsel for the petitioner submits that on account of the said interim order dated 19.10.2001, the Executive Officer did not assume the charge in respect of the subject temple, thereby the impugned order has not been given effect to. 6. As mentioned above, the provisions of Section 29 of the Act has been amended by substitution through Act No.33 of 2007, which has prescribed the procedure for appointing the Executive Officers in respect of the institutions with the income of less than Rs.2,00,000/- per annum. Inasmuch as the impugned order has been passed under the then existing provision of Section 29 of the Act and in view of the fact that the said order has not been given effect to and, in the meanwhile, as the amended provision of Section 29 of the Act has come into force, I am of the opinion that the relief sought for in the writ petition has become redundant and the same need not be adjudicated. 7. Notwithstanding the same, if the 1st respondent feels it necessary to appoint an Executive Officer in respect of the subject temple, in terms of the second proviso to the amended Section 29 of the Act, it is open for him to do so subject to the conditions mentioned therein. 8. Subject to the above observations, the writ petition is disposed of. There shall be no order as to costs. ________________________ JUSTICE NOUSHAD ALI 09.02.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22029 of 2001 09.02.2011 (Msr)