Andhra Pradesh High Court - Amravati
Yallapragadasrirama Chandra ... vs The State Of A.P, on 3 November, 2021
Bench: R Raghunandan Rao
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.25395 of 2021
ORDER:-
The petitioner sought to be recognized as a member of the
founder family in respect of Sri Poleramma Ammavari Temple,
Peddapalli, Nagaram, Guntur District. On the basis of the said
application of the petitioner, the Assistant Commissioner of
Endowments, Guntur submitted a report to the Commissioner,
Endowments. In this report, it was stated that Sri Yellaparagada
Narasimha Rao was the founder of the institution and handed
over the temple to the department in the year 1987-1988 while
discharging the functions of the Trustee of the temple. It is
further stated that though there are no records or orders about
the recognition of the founder family members, the statement in
the register maintained under Section 38 of the Andhra Pradesh
Charitable and Hindu Religious Institutions and Endowments
Act, 1966 (for short 'the 1966 Act') and the statement in the
register maintained under Section 43 of the Andhra Pradesh
Charitable and Hindu Religious Institutions and Endowments
Act, 1987 (for short 'the 1987 Act') shows that the Yellapragada
family was recognized as the founder family.
2. On the basis of this report, the Commissioner,
Endowments had directed the Deputy Commissioner,
Endowments to take necessary action, in view of the directions
of this Court in W.P.No.2596 of 2009 wherein it was held that
once a person has been recognized as a member of the founder
family or his forefathers were recognized as founder family
members under the Endowments Act of 1966, such persons can
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straight away approach the competent authority for recognition,
without approaching the Endowments Tribunal. This facility is
available where there is no dispute among the family members.
3. The Deputy Commissioner, Endowments, Guntur
who is the 3rd respondent had issued impugned proceedings
L.Dis.No.A2/ENDW-RADMOGEN/3/19, dated 17.07.2020
directing the petitioner to approach the A.P.Endowments
Tribunal, for recognition as founder family member of the
subject temple.
4. When there is no dispute that the father of the
petitioner had been recognized as the founder of the temple and
the same had been recorded in the Statutory Registers
maintained both under the 1966 Act and the 1987 Act, it would
not be appropriate for the Deputy Commissioner to relegate the
petitioner to the Endowments Tribunal.
5. The erstwhile High Court of A.P in the Judgment
dated 26.07.2010 in W.P.No.2596 of 2009, after a review and
analysis of the provisions of Section 17 and other provisions of
the 1987 Act, had held that once the applicant or his forefathers
are recognized as either the founder of the Endowment or as a
Hereditary Trustee of such an Endowment, it would be the
competent authority viz., the Deputy Commissioner or the
Commissioner of Endowments, who would be the appropriate
authority to grant recognition as a member of the founder family
to such an applicant. It is only in a situation where there is a
dispute between the members of the family as to whether an
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applicant is a member of the family or not, the said dispute has
to go before the Endowments Tribunal.
6. In the present case, there is no such dispute. It is
not clear as to what is the basis on which the 3rd respondent
has relegated the petitioner to the Endowments Tribunal.
7. In view of the matter, this writ petition is allowed
setting aside the impugned proceedings issued by the 3rd
respondent vide L.Dis.No.A2/ENDW-RADMOGEN/3/19 dated
17.07.2020 with a further direction to the 3rd respondent to
consider the application of the petitioner, on the basis of the
proceedings of the Commissioner, Endowments vide
D.Dis.No.D3/COE-14021(51)/1/2020, dated 13.07.2020 and
pass appropriate orders within four weeks from the date of
receipt of this order. There shall be no orders as costs.
Miscellaneous Petitions, if any pending, in this Writ
petition, shall stand closed.
________________________________
JUSTICE R.RAGHUNANDAN RAO
Date : 03-11-2021
RJS
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W.P.No.25395 of 2021
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.25395 of 2021
Date : 03-11-2021
RJS
