The court affirmed the petitioners' rights as hereditary trustees to manage the specific endowment, emphasizing the need for compliance with statutory accounting requirements and the proper procedures for financial audits.

ORDER :

(B. Krishna Mohan, J.)

Heard.

2) BRIEF FACTS OF THE CASE:

- Vaka Venkata Reddy (Ancestor and Predecessor in title of the Writ Petitioners) being a devotee of the 5th Respondent Temple (Sri Sitarama Swamy Temple), had purchased agricultural land to an extent of Ac.29-95 cents situated in Survey No. 223 of Karumanchi Village, Prakasam District under a registered sale deed dated 25-11-1862 with the object of utilising the income arising out of the said property for “Kalyanotsavams and Kainkaryams” taking place in the said temple.

-The present Writ Petitioners are the successors of Late Sri Vaka Venkata Reddy.

-The hereditary trustees of the temple represented by P. Venkataraya Sarma, filed two applications in O.A. Nos. 72 and 73 of 1964 before the Deputy Commissioner under Section 57 & 77 of the A.P. Charitable and Religious Institutions and Endowments Act, 1966 questioning the Vaka Family as hereditary trustees for the specific endowment and their exclusive right to perform Kalyanostavam and receive traditional temple honours on such occasions. The Deputy Commissioner upheld the rights of the members of the Vaka Family to perform the said rituals.

- Aggrieved by the said orders, the hereditary trustee of the temple filed O.S. No. 47 of 1975 & O.S. No. 1 of 1976 before the District Judge, Ongole. The learned District Judge held that the concerned property was purchased by Vaka Family with a view to perform kalyanotsavam etc in the temple out of the income of the property. However the learned Judge held that they have not been maintaining the accounts and so directed the defendants to maintain the accounts from the date of judgment and to deposit the income in a scheduled bank etc;

The Assistant Commissioner, Endowments was given liberty to demand an account of the income from the year 1962 and realise the same.

- Against the judgment of the learned District Judge in O.S. Nos. 47 of 1975 and 1 of 1976, the hereditary trustee of the temple preferred an appeal vide Appeal. Nos. 270 & 614 of 1978.

- When there was no response to his demand from the Defendants 1 to 5 (Writ Petitioners herein) , on 07-03-1979, the 3rd respondent has served a Memo of Charges on the trustees of the specific endowment that

a) The trustees have not rendered the accounts of the income arising out of the specific endowment right from the year 1960 and thereby have violated the directions of the Hon’ble Court in the suit in O.S. 47 of 75 and 1/76 on the file of the District Court, Ongole to maintain true and correct accounts.

b) The trustees were guilty of misconduct, misappropriation of the income from the endowment and were guilty of breach of trust.

c) The trustees are liable to render accounts for the years 1960 to 1979 at the rate of Rs. 6,000/-per year for Ac. 29-05 cents and for 20 years it costs Rs. 1,20,000/-which is the accumulated income of this endowment.

d) The trustees have divided the property according to their shares in their family property and are keeping it in their possession till this date.

In view of the gravity of the above said charges, the Asst. Commissioner, Endowments, Ongole in exercise of powers vested in him under Section 26 (3) of the Act 1966 have placed the trustees of the specific endowment under suspension pending enquiry.

- For the purpose of enquiry into the above said charges, the hereditary trustees of the specific endowment have filed an explanation before the Asst. Commissioner stating that:

a) The charges are contrary to the judgment of this Hon’ble Court dated 23-02-1982 vide AS Nos. 270 a