B PERUNEEDU Vs. JOINT COMMISSIONER

JUDGEMENT

(1.) Is if the date of appointment or the date on which he takes oath that is material in computing the period of three years for which a nonhereditary trustee is appointed?

(2.) Gangadhara Rao, J. in W.P. No. 3506/77 dated 4-10-1978 held that the three years period has to be computed from the date of taking oath. Our learned brother Radhakrishna Rao, J. could not agree with this view and, therefore, has referred this matter to a Bench. That is how it has come up before us.

(3.) At the outset it may be stated that we are concerned mainly with the provisions of the old Act viz., Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, hereinafter referred to as Act 17 of 1966. In the instant case, the Assistant Commissioner, by his order dated 6-4-1983, appointed seven persons as non-hereditary trustees of Sri Ramalingeswara Swamy Temple, Nowduru, Bhimavaram taluk and the order mentions that their appointment would be for a period of three years. One M. Nagabhushana Rao questioned the same by filing R.P. No. 43 of 1983 and interim stay was also granted on 12-4-1983 and the same was vacated on 28-5-1983. As against that, a revision was filed before the Government and stay was granted on 20-6-1983. Ultimately, the Joint Commissioner disposed of the main R.P. No. 43/84 by an order dated 9-3-1984. He allowed the revision petition holding that the Assistant Commissioner did not record reasons for appointing the persons recommended and accordingly directed him to constitute a fresh trust board following the procedure, in accordance with law. Questioning the same, this writ petition is filed.