IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
***
W.P.No.3308 of 2020
Between:
# Dodla Murali Krishna Reddy,
S/o. Ramakrishna Reddy,
Member Founder's Family
Sri Kodanda Rama Swamy Temple
Butchireddypalem Village and Mandal,
SPSR Nellore District.
... Petitioner
AND
$ 1. The Commissioner of Endowments, Gollapudi, Vijayawada.
2. The Executive Officer, Pudiparthi Group Temples, Venkatachalam
Mandal, Nellore District, FAC to Sri Kodanda Rama Swamy Temple,
Butchireddypalem Village and Mandal, SPSR Nellore District.
3. The State of Andhra Pradesh, Revenue (Endowments) Department,
Secretariat, Velagapudi, rep. by its Principal Secretary.
... Respondents
Date of Judgment pronounced on : 26-10-2021
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
1. Whether Reporters of Local newspapers : Yes/No
May be allowed to see the judgments?
2. Whether the copies of judgment may be marked : Yes/No
to Law Reporters/Journals:
3. Whether the Lordship wishes to see the fair copy : Yes/No
Of the Judgment?
2 RRR,J.
W.P.No.3308 of 2020
*IN THE HIGH COURT OF ANDHRA PRADESH AT
AMARAVATI
* HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
+ W.P.No.3308 of 2020
Date:26-10-2021
Between:
# Dodla Murali Krishna Reddy,
S/o. Ramakrishna Reddy,
Member Founder's Family
Sri Kodanda Rama Swamy Temple
Butchireddypalem Village and Mandal,
SPSR Nellore District.
... Petitioner
AND
$ 1. The Commissioner of Endowments, Gollapudi, Vijayawada.
2. The Executive Officer, Pudiparthi Group Temples, Venkatachalam
Mandal, Nellore District, FAC to Sri Kodanda Rama Swamy Temple,
Butchireddypalem Village and Mandal, SPSR Nellore District.
3. The State of Andhra Pradesh, Revenue (Endowments) Department,
Secretariat, Velagapudi, rep. by its Principal Secretary.
... Respondents
! Counsel for petitioner : Sri M. Vidyasagar
^Counsel for Respondents 1 & 3 : G.P. for Endowments
^Counsel for Respondent No.2 : Sri G. Ramana Rao, S.C
<GIST :
>HEAD NOTE:
? Cases referred:
3 RRR,J.
W.P.No.3308 of 2020
HON'BLE SRI JUSTICER. RAGHUNANDAN RAO
W.P.No.3308 of 2020
ORDER:
The petitioner is a member of the founder family of Sri Kodanda Rama Swamy Temple, Butchireddypalem Village and Mandal, SPSR Nellore District. This temple had been exempted from the provisions of Sections 15 and 27 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 (for short '1966 Act') by way of G.O.Ms.No.598 Revenue (Endowments-I) Department dated 23.05.1977, which was published in the A.P. Gazette.
2. The 1st respondent-Commissioner of Endowments had issued Memo No.E2/15021/13/2020, dated 06.02.2020 appointing the 2nd Respondent as an Executive Officer on full additional charge basis to Sri Kodanda Rama Swamy Temple, Butchireddypalem Village and Mandal, SPSR Nellore District. This Memo is challenged by the petitioner on the ground that the Commissioner of Endowments could not have appointed an Executive Officer, in view of the exemption granted by way of G.O.Ms.No.598 dated 23.05.1977.
3. Section 15 of the 1966 Act deals with the appointment of the Board of Trustees and term of office of the said Board, which corresponds to Section 15 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the 1987 Act'). Similarly, Section27 of the 1966 Act deals with the appointment and duties of Executive Officers and corresponds to Section 29 of the 1987 Act. The exemption granted to this temple by way of G.O.Ms.No.598 dated 23.05.1977 is an exemption from any Executive Officer being appointed to this temple.
4 RRR,J.
W.P.No.3308 of 2020
4. The 1st respondent has filed a counter affidavit in which it is stated that this temple has huge extents of land which require administration by a duly appointed Executive Officer. The counter affidavit does not answer the contention of the petitioner that there is an exemption for the appointment of such an Executive Officer. However, the learned Government Pleader for Endowments submits that Section 29 of the 1987 Act empowers the Commissioner to appoint an Executive Officer and any exemption from such a provision would be by way of a notification issued under Section 154 of the 1987 Act alone. She contends that as the earlier exemption was under the 1966 Act, the said exemption would not be available against Section 29 of the 1987 Act.
5. Section 154 of the 1987 Act reads as follows:
154. Exemptions. - The Government may by notification, exempt from the operation of any of the provisions of this Act or any of the rules made there under -
(a) any charitable institution or endowment the administration of which was or is for the time being vested -
(i) in the Government either directly or through a Committee or Treasurer of Endowments, appointed for the purpose ;
(ii) in the official Trustee or in the Administrator General;
(b) any charitable institution or endowment founded for educational purpose or for providing medical relief ; or
(c) any institution or endowment which is being well managed by the founder ; or
(d) any institution or endowment ; and may likewise vary or cancel such exemption.
6. This provision, prima facie, supports the contention of the learned Government Pleader. However, section 155(2) (a) of the 1987 Act requiresto be considered. The said provision reads as follows:
155. Repeals and Savings. - (1) The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 5 RRR,J.
W.P.No.3308 of 2020 1966 and the Tirumala TirupathiDevasthanams Act, 1979 are hereby repealed.
(2) Notwithstanding such repeal -
(a) all rules made, notifications or certificates issued,orders passed, decision made, proceedings taken and other things doneby any authority or officer under the repealed Acts shall in so faras they are not inconsistent with this Act be deemed to have beenmade, issued, passed, taken or done by the appropriate authority orofficer under the corresponding provisions of this Act and shall haveeffect accordingly until they are modified, cancelled or supersededunder the provisions of this Act ;
(b) xxxxxx
(c) xxxxxx
(d) xxxxxx
(e) xxxxxx
(f) xxxxxx
7. Section 155(2) (a) creates a legal fiction that all notifications and orders passed under the 1966 Act shall be deemed to have been passed under the corresponding provision of law in the 1987 Act. It further states thatall orders, exemptions, notifications and proceedings issued under the provisions of the 1966 Act would continue to remain applicable to the institutions and the authorities under the 1987 Act also unless they are either inconsistent with the provisions of the 1987 Act or are modified, cancelled or superseded under the provisions of the 1987 Act.
8. In the present case, the exemption granted to the temple by virtue of G.O.Ms.No.598 dated 23.05.1977 has neither been modified, cancelled or superseded by any provision of the 1987 Act or by any proceeding of any competent authority under the 1987 Act. The only other issue which remains is whether the said G.O. is inconsistent with the provisions of the 1987 Act. The exemption under G.O.Ms.No.598 dated 6 RRR,J.
W.P.No.3308 of 2020 23.05.1977 was granted under section 108 of the 1966 act. This provision corresponds to Section 154 of the 1987 Act.
9. Section 108 of the 1966 Act reads as follows:
108. Exemptions. - The Government may by notification, in the Andhra Pradesh Gazette, exempt from the operation of any of the provisions of this Act or any of the rules made there under -
(a) any charitable institution or endowment the administration of which is or is for the time being vested -
(i) in the Government either directly or through a Committee or Treasurer of Endowments, appointed for the purpose; or
(ii) in the official Trustee or in the Administrator General;
(b) any charitable institution or endowment founded for educational purposes; or
(c) any religious institution or endowment and may likewise vary or cancel such exemption.
10. Both Section15 of the 1966 Act and Section 15 of the 1987 Act require that a Board of Trustees shall be appointed for every religious or charitable endowment or institution in the State of Andhra Pradesh. Similarly, Section 27 of the 1966 Act and Section 29 of the 1987 require that an Executive Officer shall be appointed for every religious and charitable institution or endowment which has an income above Rs.2,00,000/-. In both these Acts, there is a provision, viz., Section 108 of the 1966 Act and Section 154 of the 1987 Act which grant power to the Government to exempt any such institution or endowment from the operation of any of the provisions of the respective Acts. This would mean that an exemption from the operation of Sections 15 and 27 of the 1966 Act could be given under Section 108 of the 1966 Act and similar exemptions could have been given under the provisions of Section 15 and 7 RRR,J.
W.P.No.3308 of 2020 29 of the 1987 Act under Section 154 of the 1987 Act. There is clearly no inconsistency between the provisions of the 1966 Act and the 1987 Act and consequently, the exemption granted to Sri Kodanda Rama Swamy Temple, Butchireddypalem Village and Mandal, SPSR Nellore District, under the provisions of Section 108 of 1966 Act is in no way inconsistent with the provisions of the 1987 Act or the Rules made thereunder.
11. The exemption granted to this temple continues to remain in force and consequently, the 1st respondent-Commissioner of Endowments could not have appointed an Executive Officer to this temple.
12. Accordingly, this writ petition is allowed setting aside the MemoNo.E2/15021/13/2020, dated 06.02.2020 issued by the 1 st respondent-Commissioner of Endowments, appointing the 2nd respondent as the Executive Officer of Sri Kodanda Rama Swamy Temple, Butchireddypalem Village and Mandal, SPSR Nellore District. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
________________________ R. RAGHUNANDAN RAO, J th 26 October, 2021 Js 8 RRR,J.
W.P.No.3308 of 2020 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO W.P.No.3308 of 2020 26th October, 2021 Js