J. Maruthi Naga Venkata Selva ... vs The State Of Andhra Pradesh,
2021 Latest Caselaw 3493 AP

     THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

             WRIT PETITION Nos.13795 of 2021

ORDER:-

      The petitioner is assailing the appointment of the 4th

respondent as a single trustee of Sri Ramanuja Kutam,

R.Agraharam, Guntur District, on the ground that

G.O.Ms.No.1098, dated 11.09.2008 has granted exemption to all

the Choultries maintained by Arya Vysya community from the

operation of Sections 15 and 29 of the Endowments Act.

2. The learned Government Pleader for Endowments

submits that the earlier single trustee of Sri Ramanuja Kutam

has expired and the petitioner, claiming to be the son of the said

single trustee, has approached the Endowments Tribunal, by

way of O.A.No.262 of 2021, for declaration that he is a member

of the founder family. She submits that until the said

declaration is granted, the petitioner cannot act as a trustee. In

the circumstances, there would be a lacuna in the management

of Sri Ramanuja Kutam, which required the appointment of an

Executive Officer. She further submits that there are valuable

landed properties dedicated to the said Sri Ramanuja Kutam,

which are required to be protected.

3. Sri D.V.Sasidhar, learned counsel for the petitioner

submits that by virtue of the Judgment of this Court in

C.M.A.No.590 of 2012, dated 23.07.2014, it was held that once

a person has been recognized as a member of the founder

family, his descendents do not require any further recognition or

declaration, and as such, the filing of the application by the

RRR,J W.P.No.13795 of 2021

petitioner would not in any manner detract from his right to

continue as single trustee.

4. Per contra, the learned Government Pleader submits

that even though a declaration may not be necessary, the

petitioner has to approach the competent authority for being

recognized as a single trustee on the basis of being a member of

the founder family.

5. In view of the exemption under G.O.Ms.No.1098,

dated 11.09.2008, the appointment of an Executive Officer as a

single trustee would not be permissible in the usual course. In

view of the peculiar circumstances of this case, the appointment

of the Executive Officer as a single trustee cannot be faulted

until the petitioner obtains his recognition as a member of the

founder family entitling him to continue as a single trustee.

6. O.A.No.262 of 2021 has been filed by the writ

petitioner and one Sri Jamili Varadarajulu, who has now been

impleaded as petitioner No.2 in the writ petition. The pleadings

in O.A.No.262 of 2021 are to the effect that the choultry is being

managed by the members of the Jamili family in Agnatic Line of

Succession from generation to generation. However, there is no

pleading or material placed before the Endowments Tribunal to

show that any of the forefathers of the petitioners had been

recognized as a founder or the member of the family of the

founder in the Andhra Pradesh Charitable and Hindu Religious

Institutions and Endowments Act, 1966 (for short 'the 1996

Act). The 2nd petitioner has also made a specific averment in the

RRR,J W.P.No.13795 of 2021

affidavit filed in support of the implead petition that no

recognition has been given under the 1966 Act.

7. A learned Single Judge of the erstwhile High Court

at Hyderabad for the State of Telangana and the State of Andhra

Pradesh while considering the scope of recognition of a member

of the founder family under Section 17 of the Endowments Act,

had held that only those persons, who have been recognized as

hereditary trustees under the 1966 Act, or the members of their

families can apply for recognition under Section 17 of the

Andhra Pradesh Charitable and Hindu Religious Institutions

and Endowments Act, the 1987 Act (for short 'the 1987 Act'). It

was further held that except these persons, no other person

would be entitled or eligible to apply for recognition as a

member of the founder family in relation to an institution, which

was existing prior to the 1987 Act. This would preclude the

petitioner herein from making any such application.

8. However, by way of a subsequent judgments

reported in Vallabha Rayeswara Swami Temple vs.

Bellamkonda Venkata Subrahmanya Sarma1 and Smt.Bavita

Sharma & Ors.2, it was held that an application for recognition

of being a member of the founder family can be made even after

1987 Act had come into force by way of an application under

Section 87 (1) (h) before the Endowments Tribunal.

9. As there was some doubt about the conflict between

the two judgments a similar matter has been referred, for

2014 (5) ALT 801

2018(4) ALT 161

RRR,J W.P.No.13795 of 2021

authoritative pronouncement, to the Division Bench, by an

order dated 08.09.2021 in W.P.No.14418 of 2019.

10. In the circumstances, this writ petition is also

referred to the Division Bench, in terms of the order of reference

dated 08.09.2021 in W.P.No.14418 of 2019.

11. Keeping in view the exemption granted to such

choultries from the provision of Section 15 and 19 of the

Endowments Act, it would be appropriate to make a temporary

arrangement, pending disposal of the writ petition, in the

following manner:

a) Both the petitioners shall arrive at an understanding

amongst themselves, within two weeks from today, as to who

shall act as the trustee of the choultry, pending the writ petition

or in the alternative, the position of trustee is to rotate between

themselves and in what manner.

(b) Upon arriving at such an understanding, the same

shall be placed before the Deputy Commissioner, Endowments,

Guntur, within four weeks from today who shall, keeping the

impugned order in abeyance, pass orders in accordance with the

arrangement submitted by the petitioners within two weeks on

receipt of the arrangement from the petitioners.

(b) This temporary arrangement shall subsist till the

disposal of the writ petition and shall be subject to the condition

that the arrangement shall be placed before the Deputy

Commissioner, Guntur, within one month from today, failing

which, the earlier order of appointment of Executive Officer shall

continue till the disposal of the writ petition.

RRR,J W.P.No.13795 of 2021

12. Therefore, the Registry is directed to place this writ

petition before the Hon'ble The Chief Justice for appropriate

directions.

__________________________________ JUSTICE R.RAGHUNANDAN RAO

Date : 14-09-2021 RJS

Note:

Issue C.C today.

RRR,J W.P.No.13795 of 2021

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION Nos.13795 of 2021

Date :14-09-2021

RJS