THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.9676 of 2011 Date: 11.04.2011 Between: N. Narayana Rao … Petitioner and Sri Veera Anjaneya Swamy Temple, Vagu Centre, Vijayawada, Krishna District and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.9676 of 2011 ORDER : Heard Sri Kiran Tirumalsetti, learned counsel appearing for the petitioner as well as the learned Government Pleader for Endowments appearing for the respondents and with the consent of both the counsel, the writ petition is being disposed of at the admission stage. 2. This writ petition has been filed challenging the notification dated 15.3.2011 issued by the 1st respondent calling for applications for constitution of Board of Trustees to Sri Veera Anjaneya Swamy Temple, Vagu Centre, Vijayawada, Krishna District, as arbitrary, illegal and against the provisions of Andhra Pradesh Charitable & Hindu Religious Institutions and Endowments Act, 1987 (as amended by Act 33 of 2007) (for brevity “the Act”). 3. The petitioner claims to be a member of the founders family of Sri Veera Anjaneya Swamy Temple. His grand-father Nandipati Ramakrishnayya was the founder of the said temple and later his father Nandipati Jagannayakulu acted as the hereditary trustee of the said temple. It is stated that his grand-father and father have donated certain properties to the deity. Therefore, claiming to be a member of the said founder family, the petitioner filed O.A.No.133 of 2009 before the Deputy Commissioner of Endowments (presently the Endowments Tribunal) to declare him as a member of the founder family of the said temple and the same is pending adjudication. While so, the 1st respondent has issued the impugned notification dated 15.3.2011 under Section 15 (1) of the Act proposing to constitute a Board of Trustees for governing the affairs of the said temple. The grievance of the petitioner as presented in this writ petition is that in the event of his success in the aforesaid O.A. before the Endowments Tribunal declaring him as a member of the founder family of the temple, the constitution of the Trust Board in pursuance of the impugned notification would have adverse affect on his rights. He has, therefore, filed the present writ petition for the aforesaid relief. 4. I am not inclined to express any opinion as to whether the petitioner is entitled either for being appointed as a Member of the said Temple Trust or to be recognized as a Member of the founder family of the said temple. The said dispute, admittedly, is pending adjudication before the Endowments Tribunal. As of now, since the rights of the petitioner as a member of the founder family of the said temple has not been declared, the grievance of the petitioner against the constitution of the Trust Board of the said temple, at this stage, is pre-mature. 5. In the circumstances, the writ petition is disposed of observing that if the petitioner succeeds in obtaining declaration of his right as a member of the founder family of the temple in the aforesaid O.A., the 1st respondent would take note of the said fact for according due recognition as a member of the Board of Trustees of the said temple in accordance with law. No order as to costs. _________________________ JUSTICE NOUSHAD ALI 11.04.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.9676 of 2011 11.04.2011 (Msr)