ORDER :

1. Heard the counsel for the petitioner, the government pleader for endowments, the standing counsel for the respondent No.4 and the counsel appearing for the unofficial respondent Nos.5 to 13.

2. This writ petition is filed questioning the action of the respondent No.1 in issuing the G.O.Rt.No.8, dated 06.01.2022 constituting the non hereditary trust board for the respondent No.4-temple.

3. The counsel for the petitioner submits that the petitioner hails from the family of founder trustees of the respondent No.4-temple. He filed an application under Section 87(1)(h) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act (Act 30 of 1987) in O.A.No.70 of 2008 before the Deputy Commissioner, Endowments Department, Guntur seeking declaration that the petitioner belongs to the founder family of the subject temple and the same was allowed vide orders dated 30.08.2008.

4. Challenging the same one Mr.Palaparthi Narayana Rao filed A.S.No.944 of 2008 before the Hon’ble High Court and stay of operation of the orders in O.A.No.70 of 2008 dated 30.08.2008 was granted in A.S.M.P.No.2798 of 2008 in A.S.No.944 of 2008 which was subsequently renumbered as CMA No.161 of 2011 and the same was withdrawn by the said applicant on 02.01.2020 and as such the order of the learned Deputy Commissioner, Endowments Department, Guntur dated 30.08.2008 in O.A.No.70 of 2008 became final. Subsequently the petitioner filed W.P.No.16189 of 2019 before the Hon’ble High Court questioning the notification issued by the respondent No.1 in G.O.Rt.No.986 dated 30.09.2019 for constitution of the Trust Board. But the said writ petition was disposed of directing the respondents therein to consider the application of the petitioner vide order dated 22.10.2019. Without considering the application of the petitioner, the trust board was constituted under G.O.Rt.No.1082, dated 30.10.2019. Questioning the same, the petitioner filed W.P.No.21337 of 2019 and the same has become infructuous as the period of the trust board was over by 30.10.2021. In the meanwhile, to create some unnecessary further litigation, one Mr.S.Lakshmi Narasa Reddy filed W.P.No.25852 of 2021 against the orders passed by the learned Deputy Commissioner, Endowments Department, Guntur in O.A.No.70 of 2008 dated 30.08.2008 and the same is pending without there being any interim orders. While so, the respondent No.1 without following the due procedure has issued the above said impugned GO Rt.No.8, dated 06.01.2022. Hence, the same is impugned in this writ petition.

5. The counsel for the petitioner submits that the official respondents have not followed the rules 3, 4, 5, 6(a), 7 and 8 of the Appointment of Trustee Rules, 1987 before issuing the impugned proceedings by the respondent No.1 dated 06.01.2022. The counsel for the petitioner further submits that since the petitioner is a founder family member he shall be appointed as chairman of the board of trustees for the respondent No.4 Temple as per Section 20 of the Act 30 of 1987. For which the petitioner’s application as per Form II of Rule 5 shall be received by the respondents from the petitioner herein. The constitution of non-hereditary trust board and consequential election of the chairman amongst them are contrary to law and as such they are liable to be set aside. The impugned trust board was constituted as per the recommendation of the public representative without verifying the qualifications and disqualifications of the unofficial respondents as required under Sections 18 and 19 of the Act 30 of 1987. But oath of office was administered for the unofficial respondents to act as trust board members on 08.01.2022 to continue in the said position for a period of two years.

6. On the other hand, the respondents 1, 2 and 4 filed counters in the similar terms. The learned Government Pleader for Endowments submits that a notification in Rc.No.A5/3799/2021 dated 23.11.2021 was issued by the Deputy Commissioner Endowm