LEKARAJU AMARESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this Writ Petition the petitioners seek the issue of a writ of certiorari under Article 226 of the Constitution of India, to quash the order No.C-5/58420 of 1969, dated 3oth March, 1972 of the second respondent - the Commissioner of Endowments, Hyderabad, according permission to sell away certain lands belonging to Sri Raghothama Raya Choultry, Tenali, Guntur district, to the Andhra Pradesh State Road Transport Corporation Go-operative Industrial House Building Society, Ltd., Guntur, (hereinafter called the society) at the rate of Rs.10,000 per acre and to quash the order in O.A. No. 74 of 1970, dated nth May, 1970, made by the third respondent-The Deputy Commissioner, Endowments Department, Vijayawada, in and by which he apportioned certain properties between Sri Raghothama Raya Sastry's Temple and Sri Raghothama Raya Choultry.

(2.) The facts which are not in dispute are as follows : Late Mathukumilli Raghothama Raya Sastry, constructed a choultry and three temples in Tenali town in or about the year 1901 with his own monies. The three temples are private temples solely intended for the benefit of the members of the family of the donor. The Choultry has been dedicated for the use of a section of the Hindus. The donor had endowed certain properties of the extent of Ac. 68-00 of wet and dry lands and some other properties under a will dated 19th August, 1926 and a codicil, dated 21st April, 1930, both to the private temples and the public choultry.

(3.) In the year 1957, the Government issued an order in G.O. Ms. No. 845 (Social Welfare and Labour), dated 13th August, 1957, proposing to extend the provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951, to the choultry. After hearing the objections of the Secretary of the Endowments, the Government issued an order in G.O. Ms. No. 79, Home, Endowments-II, Department, dated 12th January 1961, stating that in view of the recitals in the will, the three temples known as Shri Ranganayakaswamy, Shri Someswara Swamy and Shri Anjaneya Swamy Temples should be recorded as private temples and not as public temples, and that the provisions of the Madras Hindu Religious and Charitable Endowments Act, did not apply to them. It was further observed that there was no misappropriation proved, and that the choultry and the temples were in good condition, and the proposal to extend the above said Act to the choultry was dropped.