IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 10407 of 2008 Between: 1 G.Subramanyam S/o.G.Sreeramulu R/o.Kunchavaram(V) Pollipara(M) Guntur Dist 2 G.Krishna Murthy S/o.G.Sreeramulu R/o.Kunchavaram(V) Pollipara(M) Guntur Dist ..... PETITIONERS AND 1 The Assistant Commissioner Endowments Department Guntur Dist 2 The Regional Joint Commissioner Endowments Department Multi Zone-II Tirupathi 3 Deputy Commissioner Of Endowments Guntur Dist 4 Sri Sadasiva Ramalingeswara Swamy Temple Kunchavaram(V) Kollipara(M) Guntur Dist Rep.by its Deputy Commissioner Endowments .....RESPONDENTS 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 particularly one in the nature of writ of Mandamus to declare the proceedings Rc.No.A2/13088/05 dt.20-1-2006 of 1st respondent which was confirmed in R.P No.56 of 2007 dt.6-02-2008 as illegal arbitrary and opposed to law consequently set-aside the same by directing the respondents herein to consider the case of the petitioners for appointment of Founder Trustees/Chairman of the Board as per the provisions of AP charitable and Hindu Religious institutions and Endowments act 1987. Counsel for the Petitioners: MR.SRINIVAS POLAVARAPU Counsel for the Respondents 1 to 3: GP FOR ENDOWMENTS The Court made the following : ORDER: The petitioners and their ancestors are claiming to be the Founder Trustees/Chairman of the fourth respondent-temple. But, however, the first respondent has constituted a Trust Board vide proceedings dated 20.01.2006 under the provisions of Section 15 (3) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘Act 30 of 1987’). The petitioners by invoking the provisions of Section 92 of Act 30 of 1987 filed a revision petition in R.P.No.56 of 2007 before the second respondent. The second respondent vide order, dated 06.02.2008 dismissed the said revision petition. Hence the petitioners approached this Court by way of filing the present writ petition. Heard learned counsel for the petitioners and learned Government Pleader for Endowments. Admittedly the Trust Board was constituted by the first respondent on 20.01.2006. According to the said proceedings the term of the said Trust Board is only for a period of two years and as of now the same is over. Hence the grievance of the petitioner that a Trust Board has been constituted without considering them as the founder trustees need not be gone into. So far as the other contention that as to whether the petitioners are eligible to be appointed as the founder trustees of the fourth respondent-temple is concerned it is for the authorities to decide the same. However, as the petitioners have not submitted any application till now, they are hereby directed to submit an application to the third respondent within a period of four weeks from today requesting to appoint them as the Founder Trustee/Chairman of the Trust Board as per the provisions of Act 30 of 1987. As and when such an application is filed, the third respondent shall consider all the contentions raised by the petitioners, recognizing the petitioners’ fore-fathers and the petitioners as the Founder Trustees of the said temple, and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of such application. With the above observations, the Writ Petition is disposed of at the admission stage. __________________________ (Gopala Krishna Tamada, J.) 2nd May, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Assistant Commissioner Endowments Department Guntur Dist 2 The Regional Joint Commissioner Endowments Department Multi Zone-II Tirupathi 3 Deputy Commissioner Of Endowments Guntur Dist 4 Sri Sadasiva Ramalingeswara Swamy Temple Kunchavaram(V) Kollipara(M) Guntur Dist Rep.by its Deputy Commissioner Endowments 5 2 CCs to G.P. for Endowments, High Court of A.P. Hyderabad (OUT) 6 2 CD copies.