ORDER :

Heard Sri M.Vidya Sagar, learned counsel for the petitioner, Sri S.Venkata Ramana, learned Government Pleader for Endowments, Sri J.R.Manohar Rao, learned Standing Counsel for respondent No.3 and Sri Srinivasa Murthy Cheedella, learned counsel appearing for respondent Nos.5 to 19.

2. This Writ Petition is filed assailing G.O.Rt.No.11, Revenue (Endowment-II) Department, dated 10.01.2023, wherein the constitution of Non-Hereditary Trust Board took place for respondent No.3-Temple appointing respondent Nos.5 to 19 as members of the said Trust Board, mainly on the ground that the notification calling for applications as required under Section 17(3) of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act, 1987’), read with Rule-4(1) of the Rules framed under G.O.Ms.No.258, Revenue (Endowment-I), dated 31.03.1988, is required to be issued by the Authority competent to appoint the trustees under Section 15 of the Act, 1987, but not by any other authority.

3. It is the case of the petitioner that respondent No.3-Temple is notified under Section 6(a) of the Act, 1987, and it is the Government, which is competent for appointment of Board of Trustees in respect of respondent No.3-Temple under Rule-4(1) of the Rules issued under G.O.Ms.No.258, dated 31.03.1988, and the very same Authority, which is competent to appoint Board of Trustees is required to cause publication of notification calling for applications for the said purpose, but, in the instant case, instead of the Government issuing the notification calling for applications for appointment of Board of Trustees for respondent No.3-Temple, respondent No.2 issued the said notification and the same was published in the newspapers on 15.12.2022. It is further contended by learned counsel for the petitioner that, in the judgment of a Division Bench of this Court in S.V.Sudhakara Rao v. Government of Andhra Pradesh and others, 2008 (4) ALD 225 (DB), it was held that it is mandatory that the competent Authority to appoint the Board of Trustees is required to cause publication of the notification also calling for the applications for the said purpose.

4. This Court, having considered the said judgment of the learned Division Bench passed an interim order on 11.01.2023 suspending the operation of the impugned G.O. Respondent Nos.3 and 4 filed counter affidavit and respondent Nos.5 to 19 also filed a separate counter affidavit.

5. From a perusal of the said counter affidavit and the material filed along with the respective counter affidavits, it is noticed that respondent No.1 issued a Memo No.40843/Endts.II/A1/2022, dated 06.12.2022 in exercise of power under sub-section 1 of Section 15 of the Act, 1987, read with sub Rule 1 of Rule 4 of the Appointment of the Trustees Rules, 1987, inviting applications in Form-II from the interested persons for the constitution of non-hereditary Trust Board to respondent No.3-Temple and the same was notified in Form-1. Having issued the said Form-1, the Government required respondent No.2 to take necessary action for causing publication of the said notification in the newspapers. Accordingly, the said notification was published on 15.12.2022 in the newspapers. This factum of issuing the Memo, dated 06.12.2022, along with Form-I by the Government is not disputed by any of the parties to the Writ Petition.

6. It is also brought to the notice of this Court by the learned counsel appearing for the respondents that the judgment of learned Division Bench in the case of S.V.Sudhakara Rao v. Government of Andhra Pradesh and others (1 supra) was considered by another learned Division Bench of this Court in the case of Yelamarthi Sarath Kumar v. State of Andhra Pradesh and others, 2011 (3) ALD 683 (DB) and was not followed the S.V.Sudhakara Rao v. Government of Andhra Pradesh and others (1 supra) case and the publication of notification by Authority other than the competent Authority to calling for appointment of No