K SHANKAR REDDY Vs. REGIONAL JOINT COMMISSIONER

JUDGEMENT

(1.) This writ petition is filed seeking writ of Certiorari to call for the records and quash the Memo No.A/650/2009 dated 18.08.2009 issued by the first respondent-Regional Joint Commissioner, Endowments, as being without jurisdiction, illegal, arbitrary and in violation of principles of the A.P. Charitable & Hindu Religious Institutions & Endowments Act 1987 [for short the Act].

(2.) Heard the learned counsel for the petitioner, the learned Government Pleader for Endowments, representing the respondents 1 and 2 and the learned counsel for the respondents 3 and 4. Perused the records.

(3.) The petitioner was one of the Founder Trustees of Sri Venkateswara Swamy Temple, Santhosh Nagar, Hyderabad, which was constructed in 1981 with the donations and contributions from public between 1981-1988. The administrative control of the temple was taken by the Government of Andhra Pradesh, by registering the same under Section 6[c][ii] of the Act. The temple administration was managed by a Trust Board, appointed from time to time by the Assistant Commissioner and in the year 1997, the administration of the temple was entrusted by the Assistant Commissioner to one N.Chadrasekhar declaring him as Founder Trustee. Subsequently, the petitioner and one P. Narsing Rao-3rd respondent were also recognized as Founder Trustees along with N. Chandrasekhar by proceedings dated 22.01.2003 and all three have been managing the affairs of the temple. The 2nd respondent-Assistant Commissioner by proceedings dated 05.07.2003 fixed the rotation system for the administration of the temple among all the three founder trustees for a period of four years each, commencing the cycle with P.Narsing Rao-3rd respondent. The term of P. Narsing Rao was over by 09.07.2007 and he handed over the administration to the petitioner, with a balance amount of only Rs.3,000/-in the savings bank account. The petitioner claims that he has improved the temple by raising donations from the devotees and got constructed Dhyanamandiram, office room, and a store room costing Rs.6,50,000/- and also deposited a sum of Rs.4,60,000/- in Allahabad Bank, Santhosh Nagar branch towards temple funds. The petitioner alleges that on a false complaint made by 3rd respondent, the first respondent by her proceedings dated 18.08.2009 dispensed with operation of the bank account jointly by the petitioner and the Executive Officer and ordered operation of the joint account of the temple with Allahabad Bank, jointly by the 2nd respondent and the Executive Officer by memo No.A/650/2009 dated 18.08.2009. The said proceedings are impugned in this writ petition, inter-aliaon the ground that the first respondent not being the appointing authority has no competence to take any action against the trustee under Section 28 of the Act and she has no jurisdiction to pass the impugned order and the impugned order was passed without giving any notice to the petitioner and without conducting any enquiry into the allegations and thereby the principles of natural justice are violated.