LAWS(APH)-2007-10-101

RACHAKONDA VENKATACHARYULU Vs. COMMISSIONER OF ENDOWMENTS HYDERABAD

Decided On October 26, 2007
RACHAKONDA VENKATACHARYULU Appellant
V/S
COMMISSIONER OF ENDOWMENTS, HYDERABAD Respondents

JUDGEMENT

(1.) HEARD Sri M. Vidya Sugar, learned Counsel representing the writ petitioner, learned Government Pleader for endowments representing respondents 1, 3 and 4 and Sri Saratkumar, learned Standing counsel representing respondents 2 and 5.

(2.) THE writ petition is filed for a writ of mandamus declaring action of the first respondent i. e. , the Commissioner of endowments, in passing the impugned order in L. Dis. No. G1/13408/05, dated 16. 7. 2005, as illegal, arbitrary, bad in law and contrary to the judgment of the Supreme Court and pass such other suitable orders.

(3.) THE order impugned in the present writ petition reads as hereunder: office of the Commissioner, endowments Department, A. P. , Hyderabad. L. Dis. No. Gl/13408/05, dated 16. 7. 2005. Sub:-Endowments Department-Representation of Sri G. Govindacharyulu, Founder Trustee, sri Laxmi Narasimha Swamy Temple, nampally (V), Vemulawada (M), Declaration of his son as Founder Trustee- Rejected- Reg. Ref:-RC No. A2/2581/c04, dated 19. 3. 2005 from the Deputy Commissioner, Endowments department, Warangal. Attention of the Deputy Commissioner, endowments Department, Warangal is invited to the reference cited and he is informed that sri Lakshmi Narasimha Swamy Temple, nampally (V), Vemulawada (M), was adopted by Sri Raja Rajeswara Swamy Devasthanam, vemulawada. After adoption, the institution shall be deemed to comprise a single institution only for the purpose of administration as tripiluted under Section 145 of the Act. So there cannot be a founder trustee separately to Sri Laxmi Narasimha swamy Temple, Nampally (V) which is adopted by Sri Raja Rajeswara Swamy devasthanam, Vemulawada managed by the executive Officer of Regional Joint commissioner cadre, the Deputy Commissioner is requested to inform the applicant accordingly. (By order of the Commissioner)Sd/- K. Sivaram Sharma deputy Commissioner (G)