Andhra Pradesh High Court - Amravati
Nallamothu Veeraiah vs The State Of Andhra Pradesh on 24 August, 2022
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HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: W.P.No.26803 of 2022
PROCEEDINGS SHEET
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1. 24.08.2022 BKM, J
W.P.No.26803 of 2022
Heard the counsel for the petitioner.
The Government Pleader for
Endowments takes notice for the respondent
Nos.1 to 3. The standing counsel takes notice
for the respondent Nos.4 and 5.
The counsel for the petitioner is
permitted to take out personal notice to the
respondent No.5 and proof of service shall be
filed within a period of three weeks from
today.
The grievance of the writ petitioner is
that the impugned proceedings of the
respondent No.2 dated 27.05.2022 and
21.06.2022 were issued contrary to the
judgments of this court in W.P.No.10283 of
2021 dated 22.11.2021 which was passed in
respect of the very same Temple.
The learned senior counsel for the
petitioner submits that the petitioner herein
along with others filed W.P.No.20778 of
2022 questioning the issuance of notice in
Form I in Rc.No.A1/920/2022, dated
05.07.2022 issued by the respondent No.3
and that there was an interim order on
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18.07.2022 wherein an order of status quo was
passed pending further orders initially for a
period of four weeks and it was extended
later by another four weeks and the said writ
petition is pending. In pursuance of the said
orders of this court, the respondents supplied
the impugned proceedings of the respondent
No.2 dated 27.05.2022 and 21.06.2022.
Hence the same are assailed in this writ
petition.
The learned senior counsel contends
that no opportunity was given for he
petitioner before taking the impugned
decision which is contrary to the procedure
contemplated and directed to be followed by
this Hon'ble court in W.P.No.10283 of 2021.
The operative portion of the order in the
above said writ petition reads as follows:
"23. The procedure to be followed for
registration/publication of institutions under
the Endowments Act, 1987 can be summed up
as follows:
A) i) where an application is made under
Section 43(4) of the Act, 1987, the registering
authority shall issue personal notice, to such
persons having interest as are within the
knowledge of the registering authority and also
publish a notice in the local newspapers giving,
all persons having interest in the institution, an
opportunity to put-forth their views and
objections.
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ii) After affording an adequate opportunity
to all such persons, the registering authority
shall take a decision whether the institution has
to be registered or not. If a decision is taken to
register the institution, the registering authority
shall register the same after filling in all the
necessary details required under Section 43(4)
of the Act.
B) Where the registration is carried out
under Section 44 of the Act, the following
procedure shall be followed:
i) The Jurisdictional Assistant Commissioner
either suo motu or on such information that is
given to him, shall give a report to the
Commissioner, Endowments detailing the
institution that requires to be registered and the
names of the person or persons, who have
failed to approach the competent Jurisdictional
Assistant Commissioner under Section 43 of
the Act.
ii) Upon such information being given by the
Assistant Commissioner, or being received
from any other source, the Commissioner shall
issue notices under Form-II to all persons, who
are in default, to file an application for
registration within the time given in the notice.
iii) The Commissioner shall also issue
notices to all persons having interest in the
institution either by way of personal notice or
by way of publication of the notice in the local
news papers or both, giving opportunity to
such persons to put-forth their views and
objections on the aspect of registration as well
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as the details which are to be contained under
Section 43(4) of the Act.
iv) The Trustees, persons in management
and/or the persons having interest are entitled
to file their objections in relation to the
question of whether the said Institution is
liable to be registered and/or the details that are
required to be included in the register under
Section 43 of the Act. They may also place
such material as they deem necessary before
the Commissioner. After giving adequate
opportunity for all such objections to be filed,
the Commissioner after considering these
objections and material submitted by the
objectors and after such enquiry as may be
deemed fit, shall take a decision as to whether
the institution is to be registered or not and the
details that need to be registered under Section
43(4) of the Act.
v) In the event of the Commissioner
determining that the institution requires to be
registered, he shall issue directions to the
Jurisdictional Assistant Commissioner to
register the institution along with the details
that need to be entered in the register under
Section 43(4) of the Act.
vi) Upon such instructions being received,
the Jurisdictional Assistant Commissioner shall
register the institution duly entering of the
details required under Section 43(4) of the Act.
This process shall be done at the cost of the
institution.
C) After such registration, the income of the
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institution is to be assessed under Section 65 of
the Act, 1987.
D) Basing upon the quantum of income
assessed under Section 65 of the Act, 1987, the
institution is to be published by the appropriate
authority on the basis of the calculation done
according to the income of the institution.
24. Accordingly, this Writ Petition is
allowed setting aside the impugned
proceedings of the 2nd respondent in
Rc.No.J1/350/2021, dated 29.04.2021, leaving
it open to the 2nd respondent to consider any
further action only after issuing necessary
notices to the petitioners and all such other
persons having interest in the temple, by way
of personal notice and by way of publication in
the news paper. Any further decision taken by
the Commissioner shall only be after giving an
adequate opportunity of hearing, to the
petitioners and persons having interest, as to
why the temple should not be registered and
what are the details or alterations to such
details that need to be entered under Section
43(4) of the Act."
It is the specific contention of the
learned senior counsel that the respondent
authorities have not followed the paragraphs
23-B (iv), (v), C and D of the above said order
before passing the impugned proceedings.
Hence, they cannot withstand for any
moment as it is ex facie violative of the orders
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of this court which has become final.
Under the garb of following the
procedure as contemplated by this Hon'ble
court in the above said writ petition,
the respondent No.2 cannot pass the
impugned orders in utter disregard and
violation of the procedure as contemplated
therein which is also otherwise contrary to
the provisions of the Act 30/1987. Initially,
the said temple was shown under clause 6(c)
category vide proceedings of the respondent
No.3 dated 29.04.2021 and suddenly by
virtue of the impugned proceedings dated
27.05.2022 and proceedings dated
21.06.2022, the category was changed and
shown in 6(b)(ii) category of the temples
under the Act 30/1987. For which the
learned senior counsel submits that no
procedure is followed and no opportunity
was given to the person in charge/person
recognized who is in the management of the
subject temple who is none other than the
petitioner herein.
Though status quo order was passed by
this Hon'ble court dated 18.07.2022,
the respondent Nos.4 and 5 highhandedly
entered into the temple and broke open the
locks in utter violation of the procedure
contemplated under Section 133 of the Act
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30/87. In view of the same, the petitioner
seeks for the indulgence of this court with
regard to the operation of the impugned
proceedings in this writ petition.
List on 29.08.2022 for passing further
orders.
In the meanwhile, the petitioner shall
not be disturbed from managing the temple
affairs pending further orders as the order of
status quo in W.P.No.20778 of 2022 dated
18.07.2022 has already been passed with
respect to the constitution of the Trust Board
to Sri Nandikunta Vigneswara Swamy
Temple, Nadendla Village and Mandal,
Palnadu District for a period of four weeks
initially and extended by another four weeks
by order dated 16.08.2022.
The learned Government Pleader for
Endowments shall get instructions.
________
BKM, J
LMV
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