THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NOS.12073 OF 2006 AND 22362 OF 2010 DATED APRIL, 2011 BETWEEN WRIT PETITION NO.12073 OF 2006 P.S.R.A.Prasada Rao …Petitioner And The Government of Andhra Pradesh, Revenue (Endts.IV) Departments, Secretariat, Hyderabad, rep. by the Secretary to Government and others. …Respondents WRIT PETITION NO.22362 OF 2010 Puligadda Venkata Subba Rao …Petitioner And The Commissioner of Endowments, Department, A.P., Hyderabad and others. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NOS.12073 OF 2006 AND 22362 OF 2010 COMMON ORDER: The controversy in these two cases is as to who is the founder family member of Sri Durga Jeeveswara Swamy Temple, Rajavolu Village, Cherukupalli Mandal, Guntur District. P.S.R.A.Prasada Rao, the petitioner in W.P.No.12073 of 2006 and respondent 3 in W.P.No.22362 of 2010, approached the Assistant Commissioner of Endowments, Guntur, on 20.07.1999 seeking a declaration that he was the founder family member of the said temple. The Assistant Commissioner of Endowments rejected the petitioner’s request by orders dated 16.08.2001. Thereupon, the Regional Joint Commissioner of Endowments, Multi Zone-II, Tirupati, suo motu entertained a revision under Section 92(1) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for brevity, ‘the Act of 1987’) and declared him to be the founder family member of the temple by orders dated 15.03.2003. The Ex- Sarpanch of Rajavolu Village filed a revision before the Government aggrieved by the said order. The Government allowed the revision vide G.O.Rt.No.798, Revenue (Endowments-IV) Department, dated 19.04.2006, setting aside the orders dated 15.03.2003 passed by the Regional Joint Commissioner of Endowments, Tirupati, and remanded the matter to the Deputy Commissioner of Endowments, Guntur, for taking further action to decide the founder family member of the subject temple as per Section 87(1)(h) of the Act of 1987. Challenging the said G.O., P.S.R.A.Prasada Rao filed W.P.No.12073 of 2006 and by order dated 19.06.2006, this Court granted interim suspension of the G.O. under challenge. Puligadda Venkata Subba Rao, the petitioner in W.P.No.22362 of 2010, who got himself impleaded as respondent 5 in W.P.No.12073 of 2006, also laid a claim to be recognized as the founder family member of Sri Durga Jeeveswara Swamy Temple, Rajavolu Village. He claimed that he made an application on 19.05.2006 to the Deputy Commissioner of Endowments, Guntur, to appoint him as such. As the Commissioner of Endowments, Andhra Pradesh, issued notice dated 02.07.2010 calling for applications from eligible persons for being nominated to the Trust Board for the subject temple under Section 15 of the Act of 1987, Puligadda Venkata Subba Rao filed Writ Petition No.22362 of 2010 assailing the action of the authorities in not considering his candidature for appointment as the founder family member of the temple and seeking a direction to appoint him as a trustee from the founder family of the temple, pursuant to the notice dated 02.07.2010. Sri Durga Jeeveswara Swamy Temple, Rajavolu Village, is a temple falling under Section 6(b)(ii) of the Act of 1987 as per the notification dated 10.08.1987 issued by the Commissioner of Endowments, Andhra Pradesh. As per the scheme of the Act of 1987 as it presently stands, the jurisdictional Endowments Tribunal constituted under Section 162 thereof is empowered under Section 87(1)(h), after giving notice in the prescribed manner to the person concerned, to enquire into and decide any dispute as to the question whether a person is a founder or a member of the family of the founder of an institution or endowment. Hitherto, this power was vested in the jurisdictional Deputy Commissioner of the Endowments Department. Admittedly, Puligadda Venkata Subba Rao made an application on 19.05.2006 to appoint him as the founder family member of the subject temple. This application was made to the Deputy Commissioner of Endowments, Guntur. The said application is still pending consideration and it is stated by the learned Government Pleader for Endowments that all such applications involving a dispute had been made over to the duly constituted Endowments Tribunal at Hyderabad. In so far as Writ Petition No.12073 of 2006 is concerned, it was the finding of the Government in the impugned G.O. that the order passed in favour of P.S.R.A.Prasada Rao by the Regional Joint Commissioner, Tirupati, was without jurisdiction. This finding is assailed in the writ petition on various grounds. This Court however deems it unnecessary to go into the merits of the challenge laid in this writ petition to these jurisdictional aspects. The facts bear out that at the time of passing of orders by the Regional Joint Commissioner, Tirupati and thereafter, by the Government, Puligadda Venkata Subba Rao was not in the picture and there was no rival claim for the status of a founder family member. However, the dispute between P.S.R.A.Prasada Rao and Puligadda Venkata Subba Rao as to who should be declared the founder family member of Sri Durga Jeeveswara Swamy Temple, Rajavolu Village, requires evaluation of factual aspects which cannot be undertaken by this Court in exercise of jurisdiction under Article 226 of the Constitution. In the light of the application dated 19.05.2006 made by Puligadda Venkata Subba Rao which is stated to be presently pending before the Endowments Tribunal, Hyderabad, it would be appropriate that this issue be left to the said authority which is better equipped to resolve this imbroglio on appreciation of evidence. This Court therefore deems it proper, without going into the merits, to direct the Commissioner of Endowments, Andhra Pradesh, to make over the application dated 19.05.2006 made by Puligadda Venkata Subba Rao to the Endowments Tribunal, Hyderabad, if not already transferred, and thereupon, the Endowments Tribunal, Hyderabad, shall independently resolve the dispute between P.S.R.A.Prasada Rao and Puligadda Venkata Subba Rao as to who should be declared the founder family member of Sri Durga Jeeveswara Swamy Temple, Rajavolu Village, under Section 87(1)(h) of the Act of 1987 in accordance with law. The impugned G.O.Rt.No.798 dated 19.04.2006 and its underlying proceedings are accordingly set aside. The Writ Petitions are disposed of with the above directions. In the circumstances, there shall be no order as to costs. ____________________ SANJAY KUMAR, J. ________APRIL, 2011. VGSR