2007 Supreme(AP) 1184
Andhra Pradesh High Court
P.S. NARAYANA, J.,
Rami Setty Siva Sankar Rao — Appellant
Versus
The Government of A.P and others — Respondent
W.P.No.15112 of 2007
Decided on : 29-11-2007
Counsel for the petitioner: Mr. S. Sridhar.
Counsel for respondents: Government Pleader for Endowments Sri T. Srikanth Reddy for RS
Headnote:AP Charitable and Hindu Religious Institutions and Endowments Act, 1987 – Section 154, 15 and 29 – Exemption u/s 154 - Exemption granted by Govt exercising its discretion not illegal (Para 36, 39 and 40)
Rami Setty Siva Sankar Rao, the writ petitioner, filed the present writ petition for a Writ of Certiorari calling for records and quash the impugned proceedings in G.O.Ms.No.83 dated 27.01.2006 issued by the first respondent insofar as exempting Sri Sangameshwaraswamy Temple situated at Sangam Jagarlamudi village,
Tenali Mandal, Guntur District, from the operation of provisions of Section 15
and 29 of the Andhra Pradesh Charitable and Hindu Religious Institutions and
Endowments Act, 1987 (Act No.30 of 1987) (hereinafter referred to as "the Act"
for the purpose of convenience) for a period of three years by declaring the
same as arbitrary, illegal and contrary to the provisions of Section 154 of the
Act and pass such other suitable orders.
2. The said G.O.Ms.No.83 dated 27.01.2006 reads as hereunder:
"GOVERNMENT OF ANDHRA PRADESH
A B S T R A C T
Endowments Department - Guntur District - Rachuru Temples, Rachuru. Bhattiporlu
(M) - Exemption from the operation of provisions under Section 15 & 29 of the
Act 30/87 - Orders - Issued.
REVENUE (ENDOWMENTS-IV) DEPARTMENT
G.O.Ms.No.83 Dated : 27.01.2006
Read the following:
1) G.O.Rt.No.1779, revenue (Endts.I) Department, dated
15.11.1994.
2) From the Commr. Of Endts. A.P., Hyderabad, Lr.No.D1/46453/2005, dated
17.11.2005.
3) Govt. Memo No.34912/Endts.IV(1)/2005-1, dated 02.12.2005.
4) From the CED., Hyderabad Letter No.D1/46453/2005, dated 27.12.2005.