P. MADHU BABU Vs. COMMISSIONER OF ENDOWMENTS, ENDOWMENTS DEPARTMENT, BOGGULAKUNTA, ABIDS ROAD, HYDERABAD AND OTHERS

JUDGEMENT

(1.) THESE three writ petitions relate to appointment of Board of Trustees to Sri Polerammavari Devasthanam, Kamepalli, Jarugumalli Mandal, Prakasam District and hence, they are being disposed of by this common order. The petitioners in W.P. Nos. 321 and 768 of 2012 are brothers and they claim that Chaganti Rosaiah Naidu, son of Kondapa Naidu constructed the temple in 1952 with his own money in his own land of Ac.0.05 cents out of Ac.0.28 cents in survey No. 350/5, Account No. 565 of Kamepalli and Rosaiah Naidu, who had no issues, executed a registered Will in favour of the sons of his elder daughter -Hanumayamma, who are the petitioners herein. The petitioners claimed further that the petitioner in W.P. No. 321 of 2012 was mutated in the revenue records in respect of the land and a Trust under the name and style of Poleramma Devalaya Abhivrudhi Sangam was registered with the Registrar of Societies by the petitioners and some other villagers. The private temple was never notified under Section 6 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987, A.P. Act 30 of 1987 (for short "the Act") and the private land was never acquired under the Land Acquisition Act. While so, the local Legislator wrote a letter, dated 20 -08 -2011 requesting the Government to take over the temple as represented by the public representatives of Kamepalli village and he was referring to an earlier letter, which he asked to be not taken into consideration and recommended three names for appointment as Committee Members. Accordingly, the Deputy Commissioner of Endowments, Guntur appointed respondents 4 to 6 as the trustees contrary to law. The 2nd respondent abdicated his statutory duty, did not consider the merits and demerits of the applicants and simply appointed the persons proposed by the local M.L.A., whose letter was endorsed by the Minister for Endowments. The petitioners claim that respondents 4 to 6 have not even submitted their applications and hence, they desired the proceedings of the appointment to be declared illegal and set aside and the appointment to be suspended during the pendency of the writ petitions, as the Appointment of Trustees Rules, 1987 (for short "the Rules") were violated in letter and spirit.

(2.) THE petitioner in W.P. No. 8379 of 2012 claims to be one of the applicants for appointment as member of the Trust Board and a report about their antecedents was also submitted by the competent authority on 16 -12 -2011. He claimed to have been shocked and surprised by the appointment under the impugned proceedings. Rule 4 (1) of the Rules was violated by not publishing the notification at least in one of the district editions of daily newspapers and due to the absence of any independent scrutiny and application of mind by the competent authority, who was merely influenced by the dictates of the local MLA., even without declaring the temple as a public temple, the mandate of the Rules was observed in breach. Reports of antecedents were called for twice without assigning any reasons and hence, this writ petitioner also desired the impugned proceedings to be declared illegal and to be suspended during the pendency of the writ petition.

(3.) RESPONDENTS 4 to 6 in their counter -affidavits in W.P. Nos. 321 and 768 of 2012 claimed that on the report of the Inspector, Endowments, Kandukuru, dated 28 -10 -2011 about the temple being managed by private persons with V. Narasimham acting as the Chairman, the Commissioner of Endowments in his proceedings, dated 19 -11 -2011 published the temple under Section 6 of the Act. The notice inviting applications for constituting a Non -hereditary Trust Board was pasted on the notice boards of the relevant offices and the temple and the Inspector, Endowments sent a report, dated 16 -12 -2011 and another report dated 24 -12 -2011 to the 2nd respondent after verification of the antecedents, qualifications and disqualifications of all the applicants. The Board of Trustees was duly constituted by the Deputy Commissioner, Endowments and the Trustees were administered oath of office and secrecy on 27 -12 -2007, which was recorded in the minutes book. Chunduri Venkateswarlu was elected as Chairman of the Board of Trustees on 07 -01 -2012, after which the writ petitions were filed. The 2nd respondent did not consider the letter of the M.L.A., or the endorsement of the Minister for Endowments and the Trustees were appointed in public interest after following the prescribed procedures. Respondents 4 to 6 in their counter -affidavits spoke in an identical fashion as the Deputy Commissioner of Endowments in his counter -affidavits in all other respects, and desired the writs to fail.