IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 20224 of 2005 Between: B.Ramakrishna, s/o late Sri B.R.Anjaneyulu, r/o 6-2-28, Dantuvari Street, Suryaraopeta, Kakinada, East Godavari District. ..... PETITIONER AND Sri Pydah Ramakrishna Rao, s/o Lakshmikantha Rao, Endowments Department, Salipeta, Kakinada, East Godavari District. .....RESPONDENT Counsel for the Petitioner:MR. K.RAMALINGESWARA RAO The Court made the following : ORDER: This writ petition is ﬁled for a writ of Quo Warranto to hold that the respondent is not competent to act as Trustee of the Widows Home, Salipeta, Kakinada, East Godavari District. Heard Sri K.Ramalingeswara Rao, learned counsel for the petitioner and perused the record. The petitioner, who is claiming to be a tenant of Widows Home, a registered charitable institution under the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’), ﬁled this writ petition. The basis for the relief claimed in the writ petition is that after abolition of the hereditary trusteeship under the Act, the petitioner cannot act as a trustee, unless he is recognized as a member of the founder family and appointed as trustee in duly constituted Trust Board by the competent authority. In the nature of the relief claimed by the petitioner, the functionaries under the Act are necessary and proper parties. Unless the stand of such functionaries under the Act is made known to the Court by way of necessary pleadings, it is not possible for this Court to decide the dispute raised by the petitioner. In this view of the matter, the writ petition suﬀers from fatal defect of non-joinder of necessary parties to the writ petition. Hence, the writ petition is dismissed with liberty to the petitioner to ﬁle a fresh writ petition by impleading necessary parties. C.V.NAGARJUNA REDDY, J 5th AUGUST, 2008. kvni