APHC010284192015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310]

(Special Original Jurisdiction)

TUESDAY ,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 27603/2015 Between:

Nunna Sri Ranganath ...PETITIONER AND The State Of Ap Endowments Dept 4 Others and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. G PADMAVATHI SRINIVAS Counsel for the Respondent(S):

1. GP FOR ENDOWMENTS (AP)

2. ELEVATED AS JUDGE The Court made the following:

ORDER :

This writ petition is filed under Article 226 of the Constitution of Indi a for the following relief:

“…..to issue writ of mandamus or any other appropriate order or orders declaring the action of the Respondent No 5 in issuing paper publication for appointment of Board of Trustees dated 23.08.2015 as the petition in O.A.No.15 of 2008 in pending before the Hindu Religious and Charitable Endowments Tribunal Visakhapatnam as illegally arbitrary and violative of principles of Natural Justice and consequently direct the Respondent No 2 to 4 to consider my/Petitioner representation dated 24.08.2015 requesting to withdraw the advertisement/ notice for appointment of Trustees and Chairman in respect of Sri Venu Gopala Swami Temple, Thumikapalli Village, Kothavalasa Mandal, Vizianagaram District, Visakhapatnam District, and pass ……”

The grievance of the petitioner is that he filed O.A No.15 of 2008 before the Hindu Religious and Charitable Endowments Tribunal, Visakhapatnam (for short “the Tribunal”) seeking declaration of founder family member and to appoint him as a founder trustee to arrest the other’s (non Hereditary) management which contrary to the statutory right of founder family as it is an excepted temple. Due to non functioning of Hon’ble Tribunal, the 4 ^th and 5^threspondents are trying to issue notification for appointment of non- hereditary trust Board and Committee under Section 15(2) of A.P. Charitable and Hindu Religious Institutions and Endowments Act 1987 (Act30/1987) as amended by Act No.8 of 2014, which is illegal. It is stated that the 5^th respondent has issued paper publication for appointment of trust board and invited their application for appointment of the Trust Board in the News paper on 23.08.2015 without following proceedings contemplated under the Act. Further stated that, earlier, the 4^th respondent has issued notification vide No.A2/6242/2014, dated 06.11.2014 and thereafter, the petitioner made a representation for withdrawal of the said notification because O.A is pending before the tribunal and that after lapse of 9 months, again, the 5^th respondent has issued paper publication for appointment of Trust Board which is illegal and arbitrary. Hence the present writ petition.

3. Heard Smt G. Padmavathi Srinivas, learned counsel appearing for the petitioner and learned Government Pleader appearing for the respondents.

4. On hearing, learned counsel appearing for the petitioner submits that without touching the merits of the case to issue a direction to the Tribunal to dispose of the O.A No.15 of 2008 pending before the tribunal.

5. Learned Government Pleader appearing for the respondents does not refute the said submission of learned counsel for the petitioner.

6. Having regard to the facts and circumstances of the case and on considering the submissions of both the learned counsels, without touching the merits of the case, directing the Endowments Tribunal to dispose of O.A.No.15 of 2008 pending before it, as expeditiously as possible, preferably, within a period of six(06) months from the date of receipt of a copy of this order. It is made clear that, till the disposal of the said O.A., the respondents are directed not to take any coercive steps against the petitioner.

7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed.

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DR. K. MANMADHA RAO, J.