IMPORTANT POINT
The court established that proper authority and jurisdiction are essential for appointing an Executive Officer under the Endowments Act, particularly in light of existing exemptions.

ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India for the following relief:

“........to issue a Writ Order or Directions particularly one in the nature of Writ of Mandamus to declare the Proceedings issued by the 3rd Respondent in Rc No B2/5603/2011 Dated 17.04.2012 is illegal and arbitrary and without jurisdiction and set aside the same....”

2. It is case of the petitioner that his great grandfather Gunda Subbarayudu has established the institution in the year 1943 in the name and style of “SRI GUNDA SUBBARAYUDU MUTYAMAMBA RAMA SATRAM” (herein after called “Satram”) to provide Annadanam to Brahmana, Shatriya and Vysya Community. He has donated 40 acres of land situated at Jakkampudi Shahabad and patapadu Villges, Vijayawada rural and also donated a building 11-25-97 situated at main road Vijayawada and an extent of 0.85 Cents of site at Kothapet, Vijayawada. During his life time he managed the institution and after his demise his son Gunda Krishna Murthy managed and thereafter my father Gunda Kodanda Rama Vittal Rao managed the institution till his death namely 26.01.1997. Subsequently, after demise of this father, the petitioner has been managing the institution. The Assistant Commissioner by the proceedings dated 10.10.2002 in RC No. A1/7536/2002 has recognized the petitioner as founder Institution member under the provisions of Act 30of 1987. It is stated that, in order to fulfill the objects in a better way, the petitioner applied to the Government for exemption of the satram from the purview of the provisions of the Act. But the same was rejected by the Vigilance officer of the office of the commissioner by the proceedings dated 23.07.2011. The Petitioner recently came to know that the Government vide G.O.Ms. No. 1098 Revenue (Endowments I) Department dated 11.09.2008 has exempted all the Choultries and Annadanamsamajams maintained by Arya Vysya Community from the operation of Section 15 and 29 of the Act. The exemption orders passed by the Government is in General and applicable to all the institutions/choultries established by the Arya Vysya Community. Therefore neither the Government nor the Commissioner or any authority has any jurisdiction to appoint any executive Officer to maintain or administer the choultry/annadana samajams established by the Arya Vysya Community. Without knowing the exemption orders passed by the Government, the petitioner has submitted the application for exemption of the institution from the purview of the Act. How ever, in view of the General Exemption Orders issued by the government or other authority to exercise any power to appoint executive officer U/s 29 of the Act. Therefore the impugned order suffers lack of jurisdiction and is Void. Hence, the present writ petition came to be filed.

3. This Court vide order dated 23.04.2012 has granted interim suspension as prayed for.

4. The counter affidavit has been filed by the 3rd respondent. While denying the allegations made in the petition, inter alia, stated that, the subject institution having Ac. 40.00 cents of Agricultural land at Jakkampudi, Shahabad and Mukasa Pathapadu in Krishna District. Besides this there are one building and one vacant site which are located in prime location at Vijayawada city. The Founder Family Member who is the petitioner herein made a representation to exempt the institution under the provisions of Endowments Act U/s. 154 and the same was rejected. As the petitioner failed to lease out the lands in public auction as required U/s. 82 of the Act for which caused financial loss to the institution and violated the statutory provisions. It is stated that on his representation regarding exemption of the institution, the Commissioner of Endowments has examined at field level and noticed that the petitioner failed to discharge his legitimate duties and hence rejected his request for exemption and instructed the Deputy Commissioner, Endowments Department, Kakinada to post an Executive Off