P S R SUBRAHMANYAM Vs. COMMISSIONER OF ENDOWMENTS

JUDGEMENT

(1.) As the question to be considered in all these Writ Petitions is one and the same, they are clubbed together and disposed of by a common order.

(2.) . The petitioners challenged the competency of the Commissioner (1st respondent) in transferring them from one Institution (Temple) to another nstitution in the State of Andhra Pradesh on the ground that such transfers are illegal and without jurisdiction. The following is the list submitted by the petitioners with regard to their transfers. <FRM>JUDGEMENT_346_ALT6_1997Html1.htm</FRM>

(3.) In answering the above contention either in affirmative or negative, it is appropriate to narrate a few facts as given in the affidavit and counter- affidavit of the Writ Petitions and also some of the provisions of the Act which are governing the issue involved and the authoritative pronouncements on such issue. The law which governs the contentions raised in these Writ Petitions are - Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (for short, Act 1966/old Act) and the Rules framed thereunder and the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, Act 1987/new Act). Act 1966 was repealed by Act 1987. The object of the Act is to consolidate the law relating to the administration and the governance of the Charitable and Hindu Religious Institutions in the State of Andhra Pradesh. The said Act came into force in the State of A.P. with effect from 21-1-1991 vide G.O.Ms. No. 43, Revenue, dt. 18-11-1991 published in A.P. Gazette, Part-I (Ext.) dt. 21-1-1991. It applies to all public charitable institutions and endowments, whether registered or not, in accordance with the provisions of the Act, other than Wakfs governed by the provisions of the Wakfs Act, 1954. As Explanation to Section 1 of the Act "public charitable institutions and endowments" defines that they shall include every charitable institution or endowment the administration of which is for the time being vested in any department of Government, or Civil Court, Zilla Praja Parishad, Municipality or Local Authority, or any company, society, organisation, institution or other person; all Hindu public religious institutions and endowments whether registered or not in accordance with the provisions of the Act. On the basis of G.O.Ms. No. 201, dt. 12-2-1982,eight temples in the State are classified as one unit/ category. The following are the eight temples: "1. Sri Varaha Lakshminarasimha Swamy Devasthanam, Simhachalam. 2. Sri Veera Venkata Satyanarayana Swamy Devasthanam, Annavaram. 3. Sri Durga Malleswara Swamy Devasthanam,Vijayawada. 4. Sri Bhramaramba Mallikarjuna Swamy Devasthanam, Srisailam. 5. Sri Venkateswara Swamy Devasthanam, Dwaraka Tirumala. 6. Sri Seetharamachandra Swamy Devasthanam, Bhadrachalam. 7. Sri Lakshmi Narasimha Swamy Devasthanam, Yadagirigutta. 8. Sri Raja Rajeswari Swamy Devasthanam, Vemulavada."