(1.) Assailing G.O.Rt.No.1689, Revenue (Endts.II) Department, dated 01.12.2009, issued by the 1st respondent, calling for applications for constituting the Board of Trustees to Sri Jagannadha Swamy Ramgopal Trust, Secunderabad, the present Writ Petition is filed.
(2.) The brief facts of the writ affidavit are that the petitioner is the son of late Seth Gopi Kishan Malani, who was one of the founder trustees of the 2nd respondent-Sri Jagannadha Swamy Ramgopal Trust (hereinafter referred to as "the Trust"), situated at M.G. Road, Secunderabad. The Trust was established in the year 1930, by Sri Gopi Kishan Muralidass Malani and Seth Sri Kishan Sukhdev Malani and registered vide PAC No.8, dated 24.01.1969, under Sec. 38 of the Endowments Act 17 of 1966. They established the Trust predominantly for a charitable purpose, however, three temples viz., Sri Jagannadha Swamy Temple at General Bazaar, Secunderabad, Sri Satyanarayana Swamy Temple at Hyderbasthi, Secunderabad and Sri Hanuman Temple situated at Lower Tank Bund Road, Hyderabad, constructed by them were also attached to the Trust. The Trust has number of choultries situated at various places like Deevan Bahadoor Seth Ramgopal Choultry at Vijayawada, Sri Ramgopal Malani Dharmashala at Prayag Ghat, Juna Mandir at Madhura and Sri Deevan Bahadur Seth Ramgopal Malani Dharmashala at Basara. In addition to this, certain movable properties were also endowed in favour of the Trust with a sole object that the Trust would function as a family trust and would continue its charitable and religious objectives without there being any contributions from the public. As such, the entire expenditure for maintaining the choultries and celebrating the festivals in the temples is deriving from the properties endowed in favour of the Trust. Further, a perusal of 43-Register at Column No.4 shows that the name of the petitioner has been shown as one of the Chief Hereditary Trustees, recognized by the Endowments Department as successors-ininterest, to manage the subject institution, through original founders Sri Deevan Bahadoor Lakshmi Narayana Malani and others. After the death of Sri Gopi Kishan Malani, the petitioner along with his three brothers filed O.A.No.103 of 2009 before the Deputy Commissioner of Endowments, seeking declaration that the petitioner is a member of the family of founders of the Trust and also the successor-in-interest to Sri Gopi Kishan Malani. Pending adjudication of the same, the 1st respondent has issued the impugned G.O., calling for applications for constituting a Board of Trustees to the subject institution, without there being any power conferred upon it.
(3.) The Trust was registered under Sec. 6(a)(i) and 6 (a)(ii) of Act 30 of 1987 with an annual income of Rs.58,11,800-83 ps., as per the Assessment Report submitted by the 2nd respondent-Trust, represented by its Special Officer-cum-Assistant Commissioner of Sri Jagannadha Swamy Ramgopal Trust. Therefore, the impugned G.O. has been issued violating Sec. 15(1) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (in short "the Act"). Therefore, calling for applications for constituting a Board of non-hereditary trustee to the 2nd respondent trust is ex-facie illegal and the same is bad in law. Hence, the present Writ Petition.