Andhra HC (PreTelangana) Rami Setty Siva Sankar Rao vs Government Of A.P. Rep. By Secretary To ... on 29 November, 2007 Equivalent citations: 2008(1)ALT300 ORDER P.S. Narayana, J. 1. Rami Setty Siva Sankar Rao, the writ petitioner, filed the present writ petition for a Writ of Certiorari calling for records and quash the impugned proceedings in G.O. Ms. No. 83 dated 27.01.2006 issued by the first respondent insofar as exempting Sri Sangameshwaraswamy Temple situated at Sangam Jagarlamudi village, Tenali Mandal, Guntur District, from the operation of provisions of Section 15 and 29 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act No. 30 of 1987) (hereinafter referred to as "the Act" for the purpose of convenience) for a period of three years by declaring the same as arbitrary, illegal and contrary to the provisions of Section 154 of the Act and pass such other suitable orders. 2. The said G.O. Ms. No. 83 dated 27.01.2006 reads as hereunder: Government of Andhra Pradesh Abstract Endowments Department Guntur District Rachuru Temples, Rachuru. Bhattiporlu (M) Exemption from the operation of provisions under Section 15 & 29 of the Act 30/87 Orders Issued. Revenue (EndowmentsIv) Department G.O. Ms. No. 83 Dated: 27.01.2006 Read the following: (1) G.O. Rt. No. 1779, revenue (Endts.l) Department, dated 15.11.1994. (2) From the Commr. of Endts. A.P., Hyderabad, Lr. No. D1/46453/2005, dated 17.11.2005. (3) Govt. Memo No. 34912/Endts.lV(1)/ 20051, dated 02.12.2005. (4) From the CED., Hyderabad Letter No. D1/46453/2005, dated 27.12.2005. ** ** ** ORDER: In the G.O.1st read above Government have issued orders clubbing the following 8 temples as one group i.e, Rachuru Group temples: (1) Sri Kasivisweswara Swamy Temple, Appikatla. (2) Sri Venugopala Swamy Temple, Repalle. (3) Sri Uma Maheswara Swamy Temple, Repalle. (4) Sri Venugopala Swamy Temple, Sangamjagarlamudi. (5) Sri Sangameswara Swamy Temple, Sangamjagarlamudi. (6) Sri Muktheswara Swamy Temple, Moortheta. (7) Sri Somasekhara Swamy Temple, Kotipalli, and (8) Sri Laxminarayana Swamy Temple, Rachuru. 2. The Commissioner of Endowments Department, Hyderabad in his proceedings Rc. No. G2/64717/94, dated 02.01.1997 put the above Group Temples under the management of the 1st grade Executive Officer. Ever since, all the above temples are treated as one group and under the administration of an Executive Officer. 3. Sri Manikya Rao Siddardha Venkata Marandeya Rao, Founder Trustee, Rachuru Group Temples, Rachuru, Bhattiprolu Mandal, Guntur District, in his representation dated 14.11.2005 has requested the Commissioner of Endowments, for exemption of the Rachuru group temples, from the provisions under Section 15 & 29 of the Act 30/87 and authorize him to discharge the duties and functions of an Executive Officer to the said 8 temples of Rachuru by withdrawing the Executive Officer. 4. The Commissioner of Endowments, Hyderabad, in his letter 2nd read above has informed that the Assistant Commissioner of Endowments, Guntur has reported that the management of the above temples is in smooth manner with effective management under the FounderTrusteeship of Sri Manika Rao Siddardha Venkata Markandeya Rao. 5. The Commissioner of Endowments, Hyderabad, in his letter 4th read above has furnished the required particulars in above prescribed three formats for exemption of the institutions from the provisions of Sections 15 and 29 of the Act 30/87 and requested the Government to issue early orders in the matter. 6. Government after careful examination of the proposal of the Commissioner of Endowments, Hyderabad, decided to grant exemption to Rachuru Group Temples, Rachuru, Bhattiprolu (M), Guntur District from the provisions under Section 15 and 29 of the Act 30/1987, for a period of three (3) years from the date of issue of the orders. 7. The following notification shall be published in/the next issue of the Andhra Pradesh Gazette. Notification In exercise of the powers conferred under Section 154 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30/87) the Governor of Andhra Pradesh, hereby exempts Rachuru Group Temples, Rachuru, Bhattiprolu Mandal, Guntur District, from one operation of provisions of Sections 15 & 29 of the Act 30/1987 for a period of (3) years from the date of issue of orders. 8. The Commissioner of Endowments, Andhra Pradesh, Hyderabad, shall take necessary further action in the matter. (By Order and In The Name of The Governor of Andhra Pradesh) D.C. Rosaiah Secretary to Government To The Commissioner of Endowments, Andhra Pradesh, Hyderabad. The Commissioner of Printing & Stationery (Printing Wing), Hyderabad. (With a request to publish in the next issue of the Gazette.) Copy to: The Deputy Commissioner of Endowment