C.K. JAYACHANDRA REDDY, S/O. LATE KRISHNA REDDY, AGED ABOUT 63 YEARS, OCC:AGRICULTURE, R/O. REDDY AND REDDY COLONY, KATTAMANCHI, CHITTOOR, CHITTOOR DISTRICT Vs. THE COMMISSIONER OF ENDOWMENTS, GOVERNMENT OF ANDHRA PRADESH, BOGGULAKUNTA, TILAK ROAD, ABIDS, HYDERABAD AND TWO OTHERS

JUDGEMENT

(1.) Heard both sides and considered their respective submissions.

(2.) The Form-I notice issued under Rule 4(1) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 and Rules made there under (for short, 'the Rules') is challenged by the petitioner on the ground that the Division Bench of this Court in the judgment reported in S.V. Sudhakara Rao Vs. Government of Andhra Pradesh and others 2008 (4) ALD 225 (DB) held issuance of notification by the competent authority i.e., the authority specified in the Statute and the same cannot be delegated to any other authority. It is the specific case of the petitioner that while the notification was issued in the name of the Commissioner, the applications were directed to be received by the Assistant Commissioner, Endowments Department, Chittoor, which is impermissible. Learned Government Pleader, on instructions, places on record the instructions received from the office of the Commissioner, Endowments Department, Vijayawada. The Commissioner in his instructions has referred to the format of the notification in Form-I as per the Act, which reads as under :

(3.) It is hereby informed that a Trust Board will be constituted to Sri Village ..Mandal District ..by the Government/Commissioner/Regional Joint Commissioner/Deputy Commissioner/Assistant Commissioner, Endowments Department ..under Sec. 15 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) after (twenty) days from the date of this Notice to .