B V Rami Reddy vs The State Of Andhra Pradesh
2022 Latest Caselaw 8893 AP

          HIGH COURT OF ANDHRA PRADESH

 MAIN CASE No: W.P.No.37563 of 2022

                 PROCEEDINGS SHEET
SL.    DATE               ORDER                                  OFFICE
NO.                                                               NOTE
      21.11.2022 BKM, J

                     Heard the learned counsel for the
               petitioners and the learned government
               pleader      for      endowments     for    the
               respondent No.4.

The counsel for the petitioners submits that the notice of Form-I issued by the respondent No.2 dated 02.11.2022 is under challenge in this writ petition. The impugned notice is to receive applications for the constitution of non hereditary trust board for the 4th respondent temple. The counsel for the petitioner further submits that the petitioners are the members of the Beeram family having interest under section 2(18) of the Act 30 of 1987 in so far as respondent No.4 temple is concerned. The counsel for the petitioners further submits that the said impugned notice SL. DATE ORDER OFFICE NO. NOTE dated 02.11.2022 is contrary to the G.O.Ms.No.258 dated 31.03.1988 issued under the Rules of 1987, contrary to section 15(3) of the Act 30 of 1987 and the decision of the Division Bench of the erstwhile High Court of AP reported in 2008(4) ALD 225 (AP).

On the other hand, the learned Government Pleader for Endowments submits that the impugned notice is issued basing upon the G.O.Rt.No.522 dated 27.08.2021 wherein the delegation was given to issue such notice in respect of 6A cadre endowment institutions by the Zonal Deputy Commissioner concerned. Hence, it is in conformity with the Rules and the instructions of the Government.

In view of the above said facts and circumstances, the respondents are directed to file a detailed counter. However, it is made clear that any other selection process pursuant to the impugned notice dated 02.11.2022 is subject to outcome of this writ petition SL. DATE ORDER OFFICE NO. NOTE and the final selection list of those non hereditary trust members shall not be given effect pending further orders.

List on 20.12.2022.

However, it is also made clear for the respondents to re-visit the impugned notice dated 02.11.2022 in the light of the provisions of the Act 30/1987, rules made thereunder and the above said judgment. In case the authorities take a different view thereupon, accordingly they can modify the impugned notice dated 02.11.2022 and proceed with the selection process for constitution of non hereditary trust board for the 4th respondent temple notwithstanding the pendency of this writ petition.

_________ BKM, J Note:

             Furnish copy today
                         {B/o}
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