P V NARASIMHA RAJU Vs. ASSISTANT COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ADMINISTRATION DEPARTMENT RAJAHMUNDRY

JUDGEMENT

(1.) This is a petition to issue a writ of Certiorari to call for the records relating to the proceedings of the Assistant Commisssioner, H.R. & C.E., Rajahmundry No. 983 and to quash the order made by him on 8th December, 1959 appointing three trustees.

(2.) The two petitioners and one Pericherla Satyanarayana Raju who had since resigned , were trustees of the temple of Sri Jaganmohini Kesava and Gopalaswamy, Ryali, Kothapetta Taluk, East Godavari District. The devasthanams are governed by a scheme settled by the Additional Temporary Subordinate Judge, Rajahmundry, in O.S. No. 4 of 1916 on his file under section 92 of the Civil Procedure Code. It would appear that an appeal was preferred against the decision and the scheme decree made by the Subordinate Judge (A.S. No. 147 of 1917 on the file of the High Court, Madras). A Bench of the High Court consisting of Sir John Wallis and Spencer, JJ., amended, the scheme in one particular by directing that instead of five, there shall be three trustees ; one of whom shall be the village munsif for the time being and the other two to be appointed by lowest civil Court having appropriate jurisdiction over the devasthanam. In 1942 one Pericherla Narasaraju filed O.S. No. 3 of 1942 on the file of the District Court, East Godavari, for the modification of the scheme settled for the Temples of Sri Kesavaswami and Sri Gopalaswamy and for the removal of the then trustees. By a decree dated ist November, 1944 the Court amended the first clause of the scheme decree by providing that the temples should be managed by three trustees who should be appointed by the Hindu Religious Endowments Board and who should hold office for five years and that all vacancies should be filled up by the said Hindu Religious Endowments Board. The amended scheme has been in force.

(3.) One of the trustees appointed under the said scheme Pericherla Satyanarayana Raju tendered his resignation. The first respondent, the Assistant Commissioner of the H.R. & C.E., Rajahmundry, in and by his proceedings No. 983 dated 18th December, 1959 and acting under his powers conferred upon him under section 19 (3) (b) and under section 103 (c) (2) of the Madras Act XIX of 1951 as amended by Andhra Act VII of 1954 while accepting the resignation subject to the liabilities, if any, of Pericherla Satyanarayana Raju, appointed three persons as non-hereditary trustees of the temples in question for a period of three years from the date of the order.