LAWS(APH)-1983-3-29

RANGACHARYULU Vs. RAJA RAMESWARA RAO

Decided On March 25, 1983
V.RANGACHARYULU Appellant
V/S
RAJA T.RAMESWARA RAO HEREDITARY TRUSTEE, CHAIRMAN OF THE TEMPLE COMMITTEE WANAPARTHY TALUK MAHABUBNAGAR Respondents

JUDGEMENT

(1.) This writ Appeal is directed against the Judgment of the learned single Judge allowing the writ petition No. 209o/1976. The appellant in this appeal was the 3rd respondent in the writ petition and the 1st and 2nd respondents herein were the petitioners 'in the writ petition. The 3rd and 4th respondents herein were the 1st and 2nd respondents in the writ Petition.

(2.) The 1st respondent (writ petitioner) is admittedly the Hereditary Trustee and Chairman of the Temple Committee of wanaparthy Taluk, Mahabobnagar District. He is also the Hereditery Trustee of Sri Venkateswara Swamy Temple, Kothakota. He filed the writ petition questioning the order of the Government (3rd Respondent herein) in G.O.Rt No. 125/27 Rev. (Endowments-II) Department dated 18-5-1976 by which the Government rejected the revision petition filed by the writ petitioner as not maintainable under Section 83 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act (Act XVII of 1966) (Hereinafter called the Act). tent of Ac.9-89 cents of wet and dry land are the Inam Lands burdened with service of archakatvam in the above temple.The above facts are contained in the entries in the Sethwar or SurveySettlement Register.Ramaswamy had four sons (1) Sri Rangacharyulu (2) Simhacharyulu (3) Singaracharyulu and (4) Vendantacharyulu. The second of them has no male issue while the fourth of them left the village and his whereabouts were not known. Ramsawamy continued to be the archaka of the temple during his life time and was enjoying the lands Ac, 9-89 cents which were burdened with service to the Deity. After Ramaswamy's death his first son Sri R'angacharyulu and his third son Singaracharyulu were the office holders. After the death of Srirangacharyulu his son Sri Krishnamacharyulu along with his uncle Singaracharyulu 'was rendering service. After Singaracharyulu's death in 1962 Sri Krishnamacharyulu along was rendering service.

(3.) After the death of Singaracharyulu in 1952 the appellant (3rd respondent in the writ petition) approached the Manager of the temple Sri N. Pratap Reddy and informed him that he was the adopted son of Singaracharyulu and should be allowed to perform service during his turn of six months. The Manager directed Sri Krishnamacharyulu to hand over the keys to the appellant the said direction was not obeyed by Sri Krishnamacharyulu.