HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.16039 OF 2009 O R D E R: The matter is coming up for admission. Assistant Government Pleader for Endowments takes notice on behalf of R-1 to R-3. Sri V.T.M.Prasad, learned Stand Counsel takes notice on behalf of R-4. Heard the counsel. The writ petition is filed for a writ of Mandamus declaring the G.O.Rt.No.915 Revenue (Endowments-IV) Department dated 10.07.2009 of the 1st respondent as illegal, irregular and arbitrary without jurisdiction contrary to Act 30 of 1997 unjustified and unsustainable and pass such suitable orders. In the affidavit filed in support of the writ petition, several facts had been narrated in detail, the order made by this Court in W.P.No.7062 of 2001 dated 25.9.2003 also is placed before this Court. It is stated by the petitioner that they are popularly known as Challapalli raja people being descendants of Challapalli Raja dynasty. In the year 1292, their ancestors constructed Sri Durga Nageswara Swamy temple at Peddakallepalli village. In 13th century, their ancestors constructed Srikakuleswara Swamy temple at Srikakulam village in Ghantasala Mandal. In 16th century, their ancestors constructed Sri Subramanyeswara Swamy temple at Mopidevi village of Mopidevi Mandal. These three temples put together are called as Challapalli group of temples by the Endowments Department. They are registered as such in the endowments register. It is also stated that after the death of the father of the petitioner in the year 1976 being his eldest son the responsibility of administration and maintenance of temples fell on his shoulders and he had taken up the responsibility and feeling it as his duty, he has been looking after the affairs of the temples with devotion, sincerity and integrity. The respondents have started treating him as hereditary trustee right from the beginning. On his request, an executive Officer was also allotted to the temple. After the income of the temple he has crossed Rs.10,00,000/- per annum. The petitioner requested the first respondent to upgrade the post of Executive Officer to that of Assistant Commissioner of Endowments. The 1st respondent by G.O.Rt.No.326 Revenue (Endowments-I) Department dated 4.3.1994 upgraded the said post. It is also further stated that in the year 1996, the petitioner submitted applications for recognizing him as founder family member for the purpose of managing the three temples. After due consideration of the application since there is no objection from anybody, the Assistant Commissioner, Endowments by proceedings Rc.No.A2/8258/96 dated 25.9.1996, Rc.No.A2/8259/96, dated 26\5.9.1996 and Rc.No.A2/8260/96 dated 25.9.1996 recognizing him as founder family member of the three temples respectively namely Srikaleswara Swamy Temple at Srikakulam village, Srisubramanyeswara Swamy temple at Mopidevi village and Sri Durga Nageswara Swamy temple at Pedakallepalli village. Consequently, the oath of office and secrecy has been administered to the petitioner for the three temples by the Inspector, Endowment Department on 24.11.1996. Thus, the petitioner has been discharging the funds as the recognized founder family member. Further it is stated that while the things stand thus in view of the long track record maintained by the petitioner incurring the temples property because of which the income has regularly grown up on 15.6.2009, the petitioner submitted a representation to the 1st respondent requesting him to grant exemption under Section 154( c) of A.P.Charitable and Hindu Religious Institution and Endowments Act (hereinafter in short referred to as 'Act' for the purpose of convenience) from the operation of section 15 and 17 of the Act. In effect the petitioner requested them not to appoint any board of trustees in the interest of temples and the devotees. It would be pertinent to mention that the villagers in which the temples are located and the devotees are satisfied with the discharge of the functions by the petitioner and nobody sought the appointment of any board of trustees. While it is so the 1st respondent by Memo No.G.O.Rt.No.915 Revenue (Endowments -IV) Department dated 10.7.2009 issued for the first time a notification calling for applications for constitution of trust board to Subramanyeswara Swamy temple at Mopidevi. The 1st respondent by Memo No.25484/Endts-IV(i)/2009-1 dated 10.7.2009 requesting the 2nd respondent to publish the said notification in the newspapers. This action of the 1st respondent is questioned in the writ petition is irregular, arbitrary, unjustified and unsustainable. It is also stated that the annual income of the temple for the year 2007- 2008 is Rs.85 lakhs. As per Section 15(1) of the Act, the Government shall constitute a Board of trustees only when the income exceeds Rs.1,00,00,000/- and the audited income of the temple can be taken into consideration for that purpose. As on the date of notification, the report for the financial year 2008-2009 of the income of the temple is not submitted to the 1st respondent. Therefore there is no basis for the 1st respondent to issue a notification assuming that the income has crossed Rs.1,00,00,000/-. The impugned notification is without jurisdiction and unsustainable. Further it is stated that when the application submitted by the petitioner is pending with the Government, without considering and disposing of the said representation, the 1st respondent cannot issue notification. Further several other facts also had been narrated in para 6 of the affidavit filed in support of the writ petition. It is not in serious controversy that the application submitted by the petitioner is pending before the Government for consideration. In view of the same,without expressing any opinion relating to the other merits and demerits of the matter, this Court is of the considered opinion that the Writ petition be disposed of directing the 1st respondent to dispose of the application pending before the Government within a period of eight weeks from the date of receipt of this order. Till then, no further proceedings relating to the constitution of the Trust Board be taken in this regard. The Writ Petition is disposed of accordingly. No order as to costs. _________________ P.S.NARAYANA,J 6th August, 2009. Note: Issue copy by tomorrow. (B/O) PNV HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.16039 OF 2009 Dt.06.8.2009