Katakam Setty Venkateswarlu Vs the State of Ap

KATAKAM SETTY VENKATESWARLU, S/O YALLAMANDA, AGED ABOUT 67 YEARS, OCC AGRICULTURE, R/O H.NO. 7-199, SOMAVARAPADU VILLAGE, THALLURU MANDAL PRAKASAM DISTRICT

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...PETITIONER

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AND

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THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P.522237

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A P DHARMIKA PARISHAD, ENDOWMENTS DEPARTMENT, VIJAYAWADA, ANDHRA PRADESH REPRESENTED BY ITS MEMBER SECRETARY 520001

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THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT.521225

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THE DEPUTY COMMISSIONER, ENDOWMENTS DEPARTMENT, GUNTUR, GUNTUR DISTRICT 522001

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THE DISTRICT ENDOWMENTS OFFICER, PRAKASAM DISTRICT, ONGOLE 523001

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SRI GUNTI GANGA BHAVANI AMMAVARI TEMPLE, SOMAVARAPPADU VILLAGE, TALLLURU MANDAL, REP. BY ITS EXECUTIVE OFFICER. 534450

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the 2nd respondent in issuing Notice for constituting trust board to the 6th respondent temple vide Rc.No.B1/COE- 12026(31)/5/2025-7 dated 04.12.2025 as bad, illegal, arbitrary, without jurisdiction, violative of principles of natural justice and violative of Articles 14, 21, and 25 of Constitution of India and contrary to Andhra Pradesh Charitable and Hindu Religious institutions and Endowments Appointment of Trustee Rules 1987 and consequently set aside the same and pass

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IA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of the Notice issued by the 2nd respondent for constituting trust board to the 6th respondent temple vide Rc.No,B1/COE12026(31)/5/2025-7 dated 04.12.2025 and pass

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Counsel for the Petitioner:

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1.D V SASIDHAR

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Counsel for the Respondent(S):

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1.GP FOR ENDOWMENTS

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The Court made the following:

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO:6297 OF 2026

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ORDER:

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The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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“to issue a writ, order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the 2^nd respondent in issuing Notice for constituting trust board to the 6^th respondent temple vide Rc.No.B1/COE-12026(31)/5/2025-7 dated 04.12.2025 as bad, illegal, arbitrary, without jurisdiction, violative of principles of natural justice and violative of Articles 14, 21 and 25 of Constitution of India and contrary to Andhra Pradesh Charitable and Hindu Religious institutions and Endowments Appointment of Trustee Rules, 1987 and consequently set aside the same and pass such other order or orders….”

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Heard learned counsel for the petitioner and learned Government Pleader for the respondents.

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Learned counsel for the petitioner submits that the respondent No.3 issued a notification in Form-I dated 04.12.2025 for constitution of a trust board as per the scheme of the Act and calling for applications for appointment as members/ trustees of the trust Board in respect of the respondent No.6 temple. He further submits that the petitioner herein is under the impression and apprehension that the respondents are taking steps for appointment of trustees and for constitution of trust board in respect of

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respondent No.6-temple at the influence of local party in-charge of present dispensation, since she wrote a letter dated 26.09.2025 recommending the names of villagers and party leaders as trustees of the trust board, without adhering to the provisions as contemplated under Sections 15, 17, 18 and 19

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of the Andhra Pradesh Charitable And Hindu Religious Institutions And Endowments Act, 1987 (in short ‘Act No.30 Of 1987’).

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On the other hand, the learned Government Pleader for the respondents submits that the notification itself is only an invitation to competent persons to submit their separate respective applications. He further submits that, while considering the applications, the procedure as contemplated under Sections 15, 17, 18 and 19 of Act 30 of 1987 will be scrupulously followed. As assumed or apprehended by the petitioner, the allegation that the local party-in-charge of the party in power have submitted a list of candidates for such appointment of trustees and that the same is going to be considered is unfounded. If that was so, there would be no necessity for issuance of any notification. As of now, there is no cause of action, and it is only an apprehension of the petitioner.

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Heard the submissions made by the learned counsel for both the parties and on perusal of the Sections 15, 17, 18 and 19 of Act 30 of 1987, it is evident that the competent authority shall constitute the trust board after verifying the antecedents of the applicants and their eligibilities and disqualifications for appointment as member of the trust board, as contemplated under Sections 18 and 19 of the Act 30 of 1987, while

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exercising its power under Section 15 of the Act 30 of 1987. Therefore, this Court is of the considered view that the present writ petition can be disposed of, directing the respondent No.3 to constitute a trust board pursuant to the

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notification dated 20.12.2025, in accordance with law, as stated above.

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