B. Prakash Rao :- This Writ Petition arises out of a reference made by a learned single Judge as per the orders dated 28.09.2007 on the question as to the procedure contemplated in regard to the publication of notice in Form-I under Rule 4 of the Trustees Rules 1987 for appointment of the Trust Board in respect of an Institution in terms of the powers conferred under Section 15 of the A.P. Charitable and Hindu Religious Institutions Endowments Act, 1987. Though a specific question as such is not forming part of the reference, however, the learned single Judge having regard to a view held by another learned single Judge of this Court in W.P.Nos.1020 and 1337 of 2007 dated 23.02.2007 vis--vis the procedure as contemplated and required to be followed up, did not find favour with the said view. Hence, the Reference.

2. Briefly stated the facts giving rise to these proceedings are as a result of a writ filed by the petitioner seeking Mandamus assailing the issuance of notification in Memo No.159220/Endts.IV (2)/2003, dated 16.07.2007 by the Government of Andhra Pradesh and the consequent issuance of notice in Form-I No.G2/8885/2006, dated 20.08.2007 by the Additional Commissioner, Endowments Department, Hyderabad and the communication thereof by the Deputy Commissioner (A), Endowments Department, Hyderabad as arbitrary and illegal.

3. The case of the petitioner though reference to other chequered events relating to the Institution concerned namely Sri Venkateswara Swamy Devasthanam, Dwaraka Tirumala, West Godavari District vis--vis himself claiming to be the hereditary trustee, it is not necessary to delve into it for the purpose of the present issue. It would suffice to state that the petitioner had filed an application under Section 154 of the said Act No.30 of 1987 seeking exemption from the operation of Section 15 of the said Act so far as it relates to the said Institution before the Government and the same was rejected. The petitioner filed W.P.No.16283 of 2003 questioning the said orders and the same was dismissed on 19.01.2004 and against which a Writ Appeal No.2429 of 2005 was filed and the same is still pending. He filed yet another application for the self-same relief. According to him, the Government had issued a memo No.159220/Endts. IV(2)/2003, dated 05.05.2005 by way of a notification under Section 15 of the said Act for constitution of a Trust Board to the said Institution. However, this was followed up by issuance of a notice in Form-I by the Commissioner on 28.07.2007. Though it was challenged earlier in Writ Petition No.3988 of 2006 and since the said notification was withdrawn, the Writ Petition accordingly came to be disposed of on 13.03.2007. Once again the Government had issued a notification vide Memo No.159220/Endts.IV (2)/2003, dated 16.07.2007 deciding to issue a fresh notification as appended to the said memo and directed the Commissioner, Endowments Department to publish and issue notice in Form-I. Accordingly, the Additional Commissioner-I, Endowments Department, Hyderabad issued notice No.G2/8885/2006, dated 20.08.2007 in Form-I and the Deputy Commissioner (A), Office of the Commissioner, Endowments Department, Hyderabad issued a memo of even number, dated 27.08.2007 directing the Deputy Commissioner, Endowments Department, Kakinada and the Assistant Commissioner, Endowments Department, Eluru and the Inspector, Endowments Department, Eluru to issue publication of notice in Form-I in one of the largest circulated daily newspapers and affix the same at conspicuous places. It is this follow up action on the part of the authorities in issuing the notification and notices, which is under challenge in this present Writ Petition.

4. It has been contended on behalf of the petitioner that having regard to the provisions under Section 15 of the said Act, the hierarchy of the authorities constituted and the procedure contemplated under the Ru