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M. SATYANARAYANA MURTHY, K. MANMADHA RAO
Donthukurthi Srikanth Sharma – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
M.Satyanarayana Murthy, J. - This Writ Appeal, under Clause 15 of Letters Patent, is filed by the appellant/writ petitioner questioning the order, dated 04.01.2022, passed in Writ Petition No.162 of 2022 where under the appointment of respondent No.5 as a single Trustee was suspended but allowed him to continue to discharge the functions of an Executive Officer for the temple pending further orders.
2. For the sake of convenience, the parties will be hereinafter referred to as arrayed before the learned single Judge.
3. The writ petitioner filed the writ petition challenging the action of respondent No.3 in appointing respondent No.5 as single trustee vide proceedings in Rc.No.A1/2316/2021/ADM, dated 03.01.2022, to Sri Butchi Rama Lingeswara Swamy Temple, Official Colony, Visakhapatnam Town and District as illegal and arbitrary.
4. Case of the writ petitioner is that initially, his grandfather was appointed as trustee - cum - archaka to the subject temple and during his lifetime, he served the temple and thereafter, father of this petitioner performed archakatvam in the subject temple. Thereafter, the petitioner has taken the charge of archakatvam in the subject temple. Since
The appointment of a single trustee who is an Executive Officer working under the Endowments Department is contrary to law.
The appointment of a single trustee for a temple must comply with statutory procedures and requirements, including sufficient interest and time to manage the institution, as per the Act and its Rules....
The court upheld the validity of the Deputy Commissioner's appointment of an Executive Officer under the Act, emphasizing adherence to statutory authority despite allegations of violation of natural ....
Temple cannot remain under Executive Officer administration permanently; Board of Trustees must be appointed as per Section 49 of the Hindu Religious and Charitable Endowments Act, 1959.
The court upheld the right of succession for hereditary trustees during temporary vacancies while directing prompt administrative actions.
The legal principle established is the adherence to principles of natural justice and the limited duration of management takeover in matters related to the appointment of trustees and Fit Persons for....
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