THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 15761 of 2010 Date: 06.07.2010 Between: Sri Laxmi Narasimha Swamy Temple Addagutta, North Lalaguda, Secunderabad ..... PETITIONER AND The Deputy Commissioner, Endowments Department, Hyderabad .....RESPONDENT The Court made the following:- THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 15761 of 2010 O R D E R : This writ petition is filed seeking a declaration that the notice dated 03.06.2010 issued by the respondent-Deputy Commissioner of Endowments, Hyderabad inviting applications for constitution of a trust board to the petitioner-Temple, as arbitrary and illegal. It is pleaded that the petitioner-Temple is an institution covered by Section 6(C) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, ‘the Act’). As the temple has no funds and it is a small temple, a representation was made on 24.03.2010 requesting the Government of Andhra Pradesh to exempt the same from constitution of a trust board. While the same is pending the respondent issued the impugned notice dated 03.06.2010 which was affixed at the temple premises on 14.06.2010. Having came to know about the same, the petitioner made a detailed representation dated 16.06.2010 bringing to the notice of the respondent the above said facts and requesting not to proceed with constitution of the trust board as proposed in the notice dated 03.06.2010. Despite the same, as the respondent is bent upon to go ahead with the constitution of the trust board, the present writ petition has been filed contending that as per Section 15(2) of the Act as amended by the amendment Act 33 of 2007, which came into effect from 03.01.2008, there is no necessity of constituting the Trust Board for Section 6 (C) of the Act and therefore the impugned notice is liable to be declared as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as the learned Government Pleader for Endowments appearing for the respondent. The material placed before this Court shows that the representation made by the petitioner-Temple was received in the office of the Commissioner of Endowments on 16.06.2010. In the circumstances, till appropriate decision is taken on the petitioner’s request for exemption, the respondent cannot be allowed to constitute the trust board as proposed in the impugned notice. Accordingly, the Writ Petition is disposed of with a direction to the Commissioner of Endowments, Andhra Pradesh, Hyderabad to consider the petitioner’s representation and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of this order. Till such time, the trust board as proposed in the impugned notice dated 03.06.2010 shall not be constituted. No costs. ​ ____________ Date: 06.07.2010 G. ROHINI, J Note: Issue CC of order in three days (B/o) Ivd