HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.25662 of 2008 Date : 08.12.2011 Between : Sri Akula Shanthi Jnaneshwara Rao. …..Petitioner And Government of Andhra Pradesh, rep. by the Commissioner, Endowments Department & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.25662 of 2008 ORDER : The petitioner, who claims to be the Trustee of Kommuru Appadu Dora Trust, situated at Boghapuram village and Mandal of Vizianagaram District, has ﬁled this writ petition, questioning the order of the Assistant Commissioner of Endowments Department, Vizianagaram, dated 30th May 2007, issued in Rc.No.A1/1551/2007. By the aforesaid order, the 3rd respondent- Assistant Commissioner of Endowments, Vizianagaram, has appointed the 4th respondent as a single Trustee in exercise of powers under Section 15(3) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987. One Sri Kommuru Appadu Dora has created a Trust, namely, ‘Kommuru Appadu Dora Charitable Trust’ for charitable purposes i.e. education etc., on 15.04.1963 by donating land to an extent of Ac.58.93 cents in various villages, vide document No.510 of 1963, registered in the oﬃce of the Sub- Registrar, Bheemunipatnam. It is the case of petitioner that he is related to the original Trustee Kommuru Appadu Dora and is appointed as Trustee by the said original Trustee. In this writ petition, the validity of the impugned order is questioned mainly on the ground that the said Trust is not notiﬁed under Section 6 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, and in that view of the matter, there is no authority or power to the respondents to pass an order appointing a single Trustee in exercise of power under Section 15(3) of the said Act. It is also the case of the petitioner that no inquiry is conducted and no opportunity is given to him before passing the impugned order. Counter aﬃdavit is ﬁled by the 3rd respondent-Assistant Commissioner of Endowments. In the counter, while denying the allegations made by the petitioner, it is stated that Kommuru Appadu Dora Trust was notiﬁed under Section 6(c)(i) of the A.P.Charitable and Hingu Religious Institutions and Endowments Act, 1987 at Serial No.49 of the proceedings, dated 26.07.2007, issued by the 1st respondent- Commissioner of Endowments in Rc.No.J2/18817/2007. It is stated that as the aforesaid Trust is under the management of the self-styled Trustee, who is mis-managing its aﬀairs and made illegal sales, the aforesaid order is issued in the interest of the institution. From the counter of respondents, it is clear that the above Trust was notiﬁed under Section 6(c)(i) of the Endowments Act vide proceedings of the 1st respondent-Commissioner, dated 26.07.2007, and in that view of the matter, as on the date of passing of the impugned order, dated 30.05.2007, the respondents had no authority for appointing a single Trustee in exercise of powers under Section 15(3) of the Act. Further, there is also no reference to conducting of any inquiry by issuing notice to the petitioner before passing the impugned order, when he is claiming to have been appointed by the original Trustee. In that view of the matter, the impugned order is liable to be set aside. For the aforesaid reasons, this writ petition is allowed and the order, dated 30th May 2007, passed by the 3rd respondent-Assistant Commissioner of Endowments, Vizianagaram, in Rc.No.A1/1551/ 2007, is hereby set aside. However, it is made clear that if there is any mis- management of the properties of the Trust, in view of publication made under Section 6(c)(i) of the Act on 26.07.2007 vide proceedings in Rc.No.J2/18817/2007, it is open for the respondents to take appropriate steps in accordance with law. No order as to costs. ______________________ R. SUBHASH REDDY, J 8th December 2011 ajr