The central legal point established in the judgment is that the appointment of an Executive Officer to a religious institution must be supported by objective reasons and proper application of mind by the appointing authority, as mandated by the relevant legal provisions.

JUDGMENT

1. Assailing the proceedings in Rc.No.E2/15021/307/2021 dtd. 22/3/2022 issued by respondent No.2/Commissioner, Endowments Department, appointing Executive Officer to Sri Moola Peddamma Devatha Temple, W. Govindinne, Dornipadu Mandal, Kurnool District, the above writ petition is filed.

2. The facts, in brief, are that Sri Moola Peddamma Devatha Temple, W. Govindinne, Dornipadu Mandal, Kurnool District (hereinafter referred to 'the Temple'), is an ancient Temple, existing from more than 400 years. Temple possesses agricultural land admeasuring Ac.3-50 cents in survey No.373/C. Lease amount from the agricultural lands and Hundi collections are the main source of income. Petitioners are committee members.

b) While the matter stood thus, respondent No.3, Assistant Commissioner, Endowments Department, Kurnool, by letter N.Dis.No.A2/7207/14 dtd. 11/12/2014 instructed the Inspector, Endowments Department to conduct enquiry basing on the complaint. Accordingly, Inspector, Endowments Department, Banaganapalli submitted report dtd. 26/1/2015 to respondent No.3. Respondent No.2 vide proceedings Rc.No.E1/11206/2015 dtd. 17/6/2015 tagged the Temple to respondent No.4 for administration and management. Based upon the proceedings of respondent No.2, respondent No.3 issued memo A2/1523/2015-Adm, dtd. 26/6/2015 and communicated a copy to the petitioners as well as respondent No.4. Challenging the proceedings dtd. 17/6/2015 issued by respondent No.2, petitioners filed W.P.No.24605 of 2015 and the said writ petition was allowed on 4/10/2021, setting aside the proceedings dtd. 17/6/2015, of respondent No.2. However, it was left open to respondent No.2 to consider the issue afresh and pass appropriate orders in accordance with law.

b) Thereafter respondent No.2, vide telephonic message dtd. 9/3/2022 called for report of the Temple, from respondent No.3. Respondent No.3, in turn, by way of telephonic message dtd. 9/3/2022 sought for report from respondent No.4. Respondent No.4 vide letter No.1175 dtd. 9/3/2022 submitted report to respondent No.3. Respondent No.3, in turn, vide letter No.A2/1523/2015 dtd. 10/3/2022 submitted report to respondent No.2 reiterating the information furnished by respondent No.4, basing on which respondent No.2 vide proceedings in Rc.No.E2/15201/307/2021, dtd. 22/3/2022, appointed Executive Officer to the Temple. Aggrieved by the same above writ petition is filed.

3. a) Separate counter affidavits were filed on behalf of respondent No.2 and 3 with similar averments. It was contended inter alia, that the Temple is an ancient Temple, published as per serial No.2470 under Sec. 6 (c) (ii) vide R.D.S.No.J3/28397/1990. Temple owns Ac.4-35 cents of land in survey No.373/2c and also has ten rooms which were constructed in the premises of the Temple, with the help of donors. The income of the Temple during the year, 2014, as per the report submitted by the then Executive Officer of respondent No.4, is Rs.17, 80, 000.00.

b) Based upon the instructions of respondent No.2/commissioner, respondent No.3 sought for report from respondent No.4, who, in turn, forwarded report, which was made in the year, 2014-15. Respondent No.3, in turn, forwarded the same to respondent No.2 on 10/3/2022. On considering the report, respondent No.2 felt it appropriate to appoint Executive Officer to the Temple and accordingly issued proceeding impugned in this writ petition.

c) Petitioners, self-declared committee, have been utilizing the income derived from movable and immovable properties of the Temple, for their personal needs. Petitioners have no locus-standi to file the writ petition. Respondent No.2 got jurisdiction and authority under Sec. 29 of the Andhra Pradesh Charitable and Hindu Religious Institutions, Endowments Act, 30 of 1987 (for short 'the Act'), to appoint Executive Officer. No accounts are maintained and the entire income is being apportioned among the petitioners. Petitioners are conducting auction for selling tickets to privat