LAWS(APH)-2021-10-2

DODLA MURALI KRISHNA REDDY Vs. COMMISSIONER OF ENDOWMENTS

Decided On October 26, 2021
Dodla Murali Krishna Reddy Appellant
V/S
COMMISSIONER OF ENDOWMENTS Respondents

JUDGEMENT

(1.) The petitioner is a member of the founder family of Sri Kodanda Rama Swamy Temple, Butchireddypalem Village and Mandal, SPSR Nellore District. This temple had been exempted from the provisions of Sections 15 and 27 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 (for short '1966 Act') by way of G.O.Ms.No.598 Revenue (Endowments-I) Department dated 23.05.1977, which was published in the A.P. Gazette.

(2.) The 1st respondent-Commissioner of Endowments had issued Memo No.E2/15021/13/2020, dated 06.02.2020 appointing the 2nd Respondent as an Executive Officer on full additional charge basis to Sri Kodanda Rama Swamy Temple, Butchireddypalem Village and Mandal, SPSR Nellore District. This Memo is challenged by the petitioner on the ground that the Commissioner of Endowments could not have appointed an Executive Officer, in view of the exemption granted by way of G.O.Ms.No.598 dated 23.05.1977.

(3.) Section 15 of the 1966 Act deals with the appointment of the Board of Trustees and term of office of the said Board, which corresponds to Section 15 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the 1987 Act'). Similarly, Section27 of the 1966 Act deals with the appointment and duties of Executive Officers and corresponds to Section 29 of the 1987 Act. The exemption granted to this temple by way of G.O.Ms.No.598 dated 23.05.1977 is an exemption from any Executive Officer being appointed to this temple.