POTHINA VENKATA MAHESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India to issue writ of Quo Warranto against respondent No.4 calling upon him to quit from the office Executive Officer of respondent No.3 temple since he is ineligible and disqualified to hold the post of Executive Officer in the cadre of Regional Joint Commissioner of Endowments Department being illegal, contrary to Sections 9 and 10 of A P Charitable and Hindu Religious Institutions and Endowments Act 1987 (for short "the Act 30 of 1987) and Rule 3 of Rules issued in G O Ms No 245 Revenue (Endt.1) dated 08.05.2002 as amended by G.O.Ms.No.590, Revenue (Endowments-1) Department, dated.19.11.2018, vide Note 3 of Rule 3 as Inserted by the said G.O. besides contrary to orders issued by this Honble court in W.P.M.P.No.6378 of 2014 in W.P.No.5133 of 2014 discriminatory and violative of Articles 14 and 16 of the Constitution of India, consequentially set aside the said G.O.Rt.No.891 Revenue (Endowments-I) Department, dated 21.08.2019 to the extent of Para 3, whereunder respondent No.4 is posted as Executive Officer of respondent No.3 temple restraining him from the office of respondent No.3 temple.

(2.) The petitioner is a native of Vijayawada City, had college education at Vijayawada and completed P.hd, worked as lecturer in K.B.N.College, Vijayawada for some time. Presently, he has been carrying on real-estate business besides social work actively. The petitioner and his forefathers are staunch devotee of deity of Sri Durga Malleswara Swamivarla Devasthanam, as such the petitioner is a person interested as defined under Section 2 (18) of the Act 30 of 1987, competent to maintain the present writ petition in the better and effective administration of respondent No.3 temple.

(3.) The word Deputy Commissioner is defined under Section 2(9), whereas the status of Regional Joint Commissioner is defined under Section 2(20) of the Act 30 of 1987. Both the definitions referred to sub-section 1 of Section 2 of the Act 30 of 1987, while referring to separate functions as provided under statute. Section 9 of the Act 30 of 1987 deals with powers and functions to be exercised by the Regional Joint Commissioner which are specific and unambiguous. Similarly, Section 10 deals with powers and functions of Deputy Commissioner. It is worth noting that while dealing with functions of Deputy Commissioner it is only referable to within a division under his control in respect of such institutions or endowments as are included in the list published under Clause (b) of Section 6 of the Act 30 of 1987. Similarly, the rules and other provisions, also provides that the Deputy Commissioner can be posted as Executive Officer at the temples, corresponding to the said status, but not otherwise particularly at the higher cadre like the temples designated as Regional Joint Commissioner cadre.