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ANDHRA PRADESH HIGH COURT AT AMARAVATHI
M. Venkata Ramana, J.
P. Ashok Gajapathi Raju - Appellant
Versus
State of Andhra Pradesh - Respondent
Writ Petition No. 6692 of 2020, 6694 of 2020, 6857 of 2020, 9895 of 2020
Decided On : 14-06-2021
[MAIN LEGAL POINT] The provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (Act 17 of 1966) and the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) were interpreted by the court in the context of a dispute over the recognition of founder family members and the appointment of trustees and chairmen of two religious institutions. The court held that the impugned Government Orders (G.Os.) issued by the state government were illegal and arbitrary and quashed them. The court also held that the petitioner, who was the recognized founder family member and chairman of both institutions, was entitled to be reinstated in his positions.
Fact of the Case:
The petitioner, Sri P.Ashok Gajapathi Raju, was the recognized founder family member and chairman of both the Maharajah Alak Narayan Society of Arts & Science (MANSAS) Trust, Vizianagaram and the Sri Varaha Lakshmi Narasimha Swamy Vari Devasthanam, Simhachalam, Visakhapatnam District. The state government issued four G.Os. recognizing the respondents 4 to 6 as founder family members of the two institutions and appointing the 4th respondent as the chairman of both institutions. The petitioner challenged the G.Os. by filing four writ petitions.
Finding of the Court:
The court held that the G.Os. were illegal and arbitrary for the following reasons: * The G.Os. were issued without following the proper procedure prescribed by Act 30 of 1987. * The G.Os. were based on irrelevant and extraneous considerations, such as the gender of the petitioner and the respondents. * The G.Os. violated the principles of natural justice, as the petitioner was not given an opportunity to be heard before they were issued. * The G.Os. were issued in excess of the powers conferred on the state government by Act 30 of 1987.
Issues: * Whether the G.Os. were issued in accordance with the provisions of Act 30 of 1987. * Whether the G.Os. were based on relevant and material considerations. * Whether the G.Os. violated the principles of natural justice. * Whether the G.Os. were issued in excess of the powers conferred on the state government by Act 30 of 1987.
Ratio Decidendi: The court held that the G.Os. were illegal and arbitrary and quashed them. The court also held that the petitioner was entitled to be reinstated in his positions as the recognized founder family member and chairman of both institutions.
Final Decision: The court allowed the petitioner's writ petitions and quashed the impugned G.Os. The court also held that the petitioner was entitled to be reinstated in his positions as the recognized founder family member and chairman of both institutions.
JUDGMENT
M Venkata Ramana, J. - In W.P.No.6692 of 2020 and W.P.No.6694 of 2020 Sri P.Ashok Gajapathi Raju is the petitioner. W.P.No.6692 of 2020 is filed questioning G.O.Ms.No.73, Revenue (Endowments-II) Department, dated 03.03.2020 in recognising the respondents 4 to 6 viz., Kum. Sanchaitha Gajapathi Raju, Smt. Urmila Gajapathi Raju and Smt. R.V.Sunitha Prasad as founder family members of the 3rd respondent-Maharajah Alak Narayan Society of Arts & Science (MANSAS) Trust, Vizianagaram by the 1 st respondent viz., the Principal Secretary representing the State of Andhra Pradesh, Revenue (Endowments-II) Department on the recommendations of the 2nd respondent- the Commissioner of Endowments, Andhra Pradesh.
2. W.P.No.6694 of 2020 is filed questioning G.O.Ms.No.74, Revenue (Endowments-II) Department, dated 03.03.2020 in appointing the 4th respondent- Kum.Sanchaitha Gajapathi Raju as the Chairman of 3rd respondent MANSAS trust by the 1st respondent on the recommendation of the 2nd respondent.
3. While these two petitions relate to the affairs of MANSAS trust, W.P.No.9895 of 2020 and W.P.No.6857 of 2020 relate to Sri Varaha Lakshmi Narasimha Swamy Vari Devasthanam, Simhachalam, which is the 3 rd respondent therein. Sri P.Ashok Gajapathi Raju is the petitioner in W.P.No.9895 of2020, who is the 5th respondent in W.P.No.6957 of 2020. Smt. R.V.Sunitha Prasad is the petitioner in W.P.No.6857 of 2020, who is the 6th respondent in W.P.No.9895 of 2020.
4. In both these writ petitions G.O.Ms.No.72, Revenue (Endowments-II) Department, dated 03.03.2020 is questioned whereby the 4th respondent-Kum. Sanchaitha Gajapathi Raju is appointed as hereditary trustee/chairman of the 3rd respondent temple replacing Sri Ashok Gajapathi Raju.
5. In W.P.No.9895 of 2020, the relief included questioning the recognition of Kum.Sanchaitha Gajapathi Raju, 4th respondent in both these writ petitions recognising her as a member of the founder family. The respondents 1 and 2 in both these writ petitions are the same respondents referred to in W.P.No.6692 of 2020 and W.P.No.6694 of 2020. Smt. Urmila Gajapathi Raju is the 5th respondent in W.P.No.9895 of 2020.
6. The parties as arrayed in W.P.No.6992 of 2020 shall be referred to hereinafter, for convenience.
7. Vizianagaram Estate was a Principality/Zamindari in then composite State of Madras. It is now a part of the State of Andhra Pradesh. It was abolished and was taken over by the Government of India on 07.09.1949. The last known Crown Prince of this Principality was Sri P.Vijaya Rama Gajapathi Raju ('Sri P.V.G.Raju', for short). He died on 14.04.1995. Sri P.Ananda Gajapathi Raju, Sri P.Ashok Gajapathi Raju, Smt. R.V.Sunitha Prasad, Sri Alak Narayana Gajapathi Raju, Smt. V. Sudani Devi and Sri Monish Gajapathi Raju are the children of Sri late P.V.G.Raju. Sri Alak Narayan Gajapathi Raju was the father of Sri P.V.G.Raju.
8. Sri Ananda Gajapathi Raju died on 26.03.2016. Kum. Sanchaitha Gajapathi Raju is his daughter by his 1st wife. He married Smt. Sudha Gajapathi Raju upon his first marriage ending in divorce and Smt.Urmila Gajapathi Raju is his daughter by his 2nd wife.
Sri Varaha Lakshmi Narasimha Swamy vari Temple, Simhachalam- Admitted and undisputed facts:
9. The erstwhile Principality of Vizianagaram for centuries was known for patronising various institutions like temples and was given to promote fine arts, cultural activities and education. In that process, this family viz., Pusapati Gajapathi family had endowed about 22 villages for performance of regular rituals of Dhoopa, Deepa Naivedyam while gifting away fabulous jewellary to Sri Varaha Lakshmi Narasimha Swamy Varu of Simhachalam ('temple', for short), a well-known Vishnavite temple in India and elsewhere. Such endowment was made with an object of self-sustenance of this temple without depending on the public contributions, though it was open to everyone and to the public.
10. The management of this temple continued for centuries in the hands of this family of M
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