THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.12094 of 2010 Date : 22-04-2014 Between:
Sri Parepalli Sriramulu Dharma Ramanuja Kutam Represented by its Founder’s Family member Chebrolu Vijayalakshmi, Brah … Petitioner and The Government of Andhra Pradesh, Represented by its Secretary, Endowments Department, Secretariat, Hyderabad and another.
… Respondents THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.12094 of 2010 O R D E R:
This writ petition, filed under Article 226 of the Constitution of India, assails the notice in Rc.No.G2/16537.2010 dated 20.03.2010 issued by the Commissioner of Endowments, Hyderabad, inviting applications for trusteeship for Sri Parepalli Sriramulu Dharma Ramanuja Kutam, Vijayawada for constitution of trust board.
2. Heard Sri B.Sri Ram Karthik, learned counsel for the petitioners and the learned Government Pleader for Endowments for the respondents and perused the material available on record.
3. According to the petitioners, father of the second petitioner, Sri Late Parepally Ramulu established the first petitioner Kutam with an object of providing free boarding and lodging to Sri Vishnava Seers whenever they visit Vijayawada, and during his life time, he used to manage the first petitioner institution and after his death institution was managed by his son Sri Seeta Ramaiah and after him, his wife Kanakavalli Tayaramma and after her death, institution was managed by her son Sri Ramulu. The said Sri Ramulu in view of his prolonged illness requested the respondent department to declare the second petitioner herein as hereditary trustee of the first petitioner institution. It is the further case of the petitioners herein that the respondent authorities by way of an order dated 29.10.1994 declared the second petitioner herein as hereditary trustee. It is further stated in the writ affidavit that the second petitioner herein, after abolition of the hereditary rights, made application for recognition as Founder’s Family Member and the same was approved vide proceedings in Rc.No.A1/7601/96 dated 30.08.1996. The Government of Andhra Pradesh issued G.O.Ms.No.1098, Revenue (Endowments.1) Department, dated 11.09.2008 granting exemption to the Chowltries, Annadana Samajams maintained by Arya Vysya Community in the State of Andhra Pradesh from the operation of Sections 15 and 29 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter called ‘the Act’).
4. According to the second petitioner she belongs to Vysya community and a certificate dated 17.12.2009 issued by the A.P. Arya Vysya Maha Sabha is enclosed to the present writ petition to the said effect.
5. Earlier, when the Commissioner of Endowments appointed one Sri G.D.N.Leela Kumar as a fit person for the subject institution, the petitioners herein filed W.P.No.2730/2006 before this Court and this Court by way of an order dated 13.11.2008 disposed of the said writ petition, directing the Commissioner of Endowments, Hyderabad to re-examine the order of appointment dated 25.08.2005 appointing Sri G.D.N.Leela Kumar as a fit person in the light of the G.O.Ms.No.1098, Revenue (Endowments-I) Department, dated 11.09.2008 and to communicate the decision thereon to the petitioner within the period of two months from the date of receipt of a copy of that order.
6. As per the petitioner herein, no consequential action is taken in pursuance of the said order. While the matter stood thus, the Commissioner of Endowments, the second respondent herein issued a notice in Form-I, inviting applications for trusteeship in the prescribed form under Section 17 (3) of the Act after constitution of a trust board for the first petitioner Kutam. Challenging the said action as illegal, arbitrary, violative of principles of natural justice and in contravention of the instructions contained in G.O.Ms.No.1098, Revenue (Endowments-I) Department, dated 11.09.2008, the present writ petition has been filed.
7. While ordering Rule Nisi on 09.07.2010, this Court granted interim stay of all further proceedings pursuant to the above said notice dated 20.03.2010. Even though four years have lapsed, the respondents have not chosen to file any counter opposing the writ petition. The contention advanced in the present writ petition is that the second respondent/Commissioner of Endowments, issued the impugned notice without any regard to the instructions issued in G.O.Ms.No.1098, Revenue (Endowments-I) Department, dated 11.09.2008.
8. A reading of the said G.O.Ms.No.1098, Revenue (Endowments-I) Department, dated 11.09.2008, makes it very much manifest that the Chowltries, Annadana Samajams maintained by the Arya Vysya Community in the State of Andhra Pradesh are exempted from the operation of Sections 15 and 29 of the Act. In order to demonstrate that the petitioner herein belongs to Arya Vysya Community, a certificate dated 17.12.2008 issued by the A.P. Arya Vysya Maha Sabha and endorsed by the then Hon’ble Minister for Finance and Planning is filed along with the present writ petition.
9. The material available on record clearly and categorically shows that the impugned notice inviting applications for the purpose of constitution of trust board is totally without jurisdiction in view of the instructions of the Government of Andhra Pradesh issued in G.O.Ms.No.1098, Revenue (Endowments-I) Department, dated 11.09.2008 and in the absence of any other material and in the absence of any counter field on behalf of the respondents, this Court has no hesitation to come to a conclusion that the impugned notice issued by the Second respondent/Commissioner of Endowments, Hyderabad in Rc.No.G2/16537.2010 dated 20.03.2010 is impermissible and unsustainable..
10. For the aforesaid reasons, the writ petition is allowed and the impugned notice issued by the second respondent/Commissioner of Endowments, Hyderabad in Rc.No.G2/16537.2010 dated 20.03.2010 is set aside. As a sequel, miscellaneous petitions, if any shall stand closed. No order as to costs.
A.V.SESHA SAI, J Date:22.04.2014 grk THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.12094 of 2010 Date : 22-04-2014 grk