2026:APHC:5595 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION Nos.10760, 10779 & 10783 OF 2010

COMMON ORDER:

1. As the issue involved in these three writ petitions is inter- related, all these writ petitions are taken up together and are disposed of through this common order.

2. W.P.No.10760 of 2010 is filed to issue writ of mandamus to declare G.O.Rt.No.472 Revenue (Endowments – IV) Department dated 26.03.2010 passed by the 1^st respondent as illegal, arbitrary and consequently to set-aside the same.

3. W.P.Nos.10778 and 10783 of 2010 are filed to issue writ of mandamus declaring the Form-I and Form-II Notices published by the 2nd respondent in the Eenadu Telugu Daily newspaper dated 12.04.2010 as illegal, arbitrary and consequently to set-aside the same.

4. Briefly stated, the original writ petitioner filed W.P. Nos. 17678 and 17692 of 2009 seeking a declaration that the notice in R.C. No. G2/26831/2009 dated 02.07.2009, issued in Form No. 1, was illegal and arbitrary. By a common order dated 25.08.2009, this Hon’ble Court disposed of the said writ petitions, V tc , h J 2 026:APHC:5595 directing the first respondent to consider and dispose of the applications pending before the Government within the stipulated time, without expressing any opinion on the merits of the matter. The Court further directed that no steps be taken towards the Constitution of the Trust Board until such applications were decided. Despite the said directions, the respondents have not considered the application submitted by the original writ petitioner under Section 15(1) of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 (for short ‘Act, 1987’), seeking continuation as a founder family member of the 4^th respondent temple. Thereafter, the first respondent issued G.O.Rt.No. 472, Revenue (Endowments–IV) Department, dated 26.03.2010, notifying Form-I and Form-II and inviting applications from interested persons for constitution of a Non-Hereditary Trust Board for the 4^th respondent temple under Section 15(1) of the said Act, while the said application was still pending. Aggrieved thereby, the present writ petitions have been filed.

5. Learned Standing Counsel appearing for the 4th respondent Temple submits that, in view of the orders passed by the Court in W.P.Nos.17678 and 17692 of 2008 dated 25.08.2009, the first respondent has not constituted any Trust Board as proposed in G.O.Rt. No. 472, Revenue (Endowments–IV) Department, dated V tc , h J 2 026:APHC:5595

26.03.2010 till date. It is further submitted that, since the original petitioner passed away pending writ petition and his legal heir is continuing as a Founder Family Member of the 4^th respondent temple, while so to consider the claim of 2^nd petitioner or legal heir. Let there be a direction to the legal heir/petitioner to submit a fresh representation seeking exemption under Section 15 of the Act, 1987, for consideration by the first respondent.

6. Heard learned counsel for the petitioner, learned Standing Counsel for the 4^th respondent.

7. On perusal of the record, it is evident that the original writ petitioner was recognized as a Founder Family Member of the 4^th respondent temple, and such recognition extended to his legal heir as well i.e. the second petitioner herein. Accordingly, they are entitled to seek exemption under Section 15 of the Act, 1987. The original writ petitioner had submitted an application seeking such exemption, which remains pending consideration before the first respondent. During the pendency of the writ petition, the original writ petitioner, S.R.Y. Mallikharjuna Prasad, passed away, and his legal heir/2^nd petitioner was brought on record. The second petitioner, being the legal heir of the deceased original petitioner, is entitled to pursue the relief sought in the writ petition.

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8. In view of the pendency of the writ petition and the interim orders granted by this Court, the first respondent did not