Bhagvathula Siva Subrahmanyam, Alias S.B.Siva, v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.19186 OF 2016 ORDER:- This Writ Petition is filed challenging the Notification dated 06.08.2015 issued by the 4th respondent calling for applications within 20 days to constitute the Board of Trustees to the 5th respondent-Sri Panchamukha Anjaneya Swamy Temple, Tenali, on the ground that though the petitioner, being founder trustee, had made an application dated 07.01.2016 to the 2nd respondent seeking exemption to the 5th respondent temple under the purview of Section 154 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (in short "the Act"), but no orders have been passed. Learned counsel for the petitioner Sri K. Satyanarayana Murthy submits that the constitution of the trust involves a huge expenditure and which is not warranted especially considering the fact that the temple is already been a well run temple and the petitioner is taking adequate care being founder trustee.

This writ petition is opposed by the learned Government Pleader for respondent No.1 as well as the learned Standing Counsel for the respondents 2 to 4.

As can be seen from the proceedings dated 01.05.2010 passed in O.A.No.63 of 2008 by the Deputy Commissioner Endowments, Guntur, petitioner has been declared as the founder trustee. In the representation made by the petitioner to the CommissionerEndowments, petitioner had set out in detail why the 5th respondenttemple deserves to be exempted from the provisions of the Endowments Act. However, as on date no orders are passed. It may be stated that though the petitioner challenged the Notification dated

06.08.2015 the petitioner confined his prayer for a direction to the 2nd respondent to dispose of the application made by the petitioner seeking exemption under the Act. The prayer of the petitioner is not opposed by the respondent counsel.

In those circumstances, the writ petition is disposed of with a direction to the respondents 1 and 2 to consider the representation of the petitioner in accordance with law and pass appropriate orders within 8 weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

Consequently, Miscellaneous Petitions pending, if any, in this writ petition shall also stand closed.

____________________________________ JUSTICE CHALLA KODANDA RAM Date:16.06.2016.

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