Janapati Radha Krishna Murthy, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 664 AP

  THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO

               WRIT PETITION No.30408 of 2021

ORDER:

The petitioner claims that his ancestors had built a Temple

named as Sri Ganga Parvathi Sametha Sri Someswaralayam-

Arthanareeswara Lingam at Janapadu Village situated in

Piduguralla Mandal, Guntur District. He contends that his

paternal uncle filed O.A.No.378 of 2015 before the A.P.

Endowments Tribunal for declaration of the Temple as a private

Temple. This application was dismissed by the Tribunal.

However, the Tribunal did not give a finding that the Temple was

constructed by the ancestors of the petitioner. Thereafter, the

petitioner is said to have been filed a representation, dated

11.08.2021, before the 2nd respondent for being recognise as a

member of the founder family to be appointed as a trustee of the

said Temple.

2. The petitioner, being aggrieved by the inaction of the 2nd

respondent in disposing of his representation has approached

this Court by way of the present writ petition.

3. The 3rd respondent has filed a counter affidavit stating

that the application of the petitioner is not maintainable

inasmuch as this Court in a judgment reported in 2014 (5) ALT

501 had held that a person seeking recognition as a member of

the founder family can approach the appointing authority only

where his ancestors had already been recognised as hereditary

trustees under the provisions of the Endowments Act, 17 of

1966. He submits that as none of the ancestors of the petitioner

had been recognised as a hereditary trustee under the earlier

Act, the application would not be maintainable.

4. Sri P.Raja Sekhar, learned counsel for the petitioner, would

submit that the judgment relied upon by the 3rd respondent is

now the subject matter of a reference to a Division Bench and in

any event, the petitioner would be able to agitate his right only

upon an order being passed by the 2nd respondent.

5. In these circumstances, it would be appropriate to dispose

of this writ petition with a direction to the 2nd respondent to

dispose of the representation, dated 11.08.2021, of the

petitioner within a period of three weeks from the date of receipt

of this order.

6. The Writ Petition is, accordingly, disposed of. There shall

be no order as to costs.

Consequently, miscellaneous petitions, if any, pending

shall stand closed.

_________________________ JUSTICE R.RAGHUNANDAN RAO

Date : 07.02.2022

SPP

THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.30408 of 2021

Date : 07.02.2022

SPP