WP/4168/2013 of Vakati Veera Raghava Reddy Dharmasala Society Vs The Government of Andhra Pradesh on 31 December 2024

1. Shri O.V.R. Reddy, Joint Secretary to Government Revenue(Endowments) Department, A.P. Secretariat, Hyderabad.Kumar, Joint Commissioner (Estates), Endowments(Endowments) Department, A.P. Secretariat, Hyderabad.Kumar, Joint Commissioner (Estates), Endowmentsepartment, Olo Commissioner of Endowments, Hyderabad.IrcrSariarHydSd.®^'®'"'''^^P^rtment, A.P.

Counsel for the Petitioners: SRI SIVAPRASAD REDDY

Counsel for the Respondents: GP FOR ENDOWMENTS

The Court made the following common order:

...Contemners

VENATI

APHC010181432013

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)

[3310]

I

TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION NO: 4168/2013 & CONTEMPT CASE NO: 1257/2013

W.P.No.4168/2013:

Between:

Vakati Veera Raghava Reddy Dharmasala Society

...PETITIONER

AND

The Government Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner:

I

1. SIVAPRASAD REDDY VENATI

Counsel for the Respondent(S):

1. RATHANGA PANI REDDY K (STANDING COUNSEL FOR TIRUMALATIRUPATI DEVASTHANAMS)

2. GP FOR ENDOWMENTS

3. ELEVATED AS JUDGE

The Court made the following Order:

The Writ Petition No.4168 of 2013 is filed, under Article[226][ of][ the]

Constitution of India, seeking the following relief:

“....to issue a writ or orders more particuiariy one[in][ the]nature of Writ of Mandamus directing the respondents[no.3][ to 5]authoritiesto immediateiy convene a meetingfor takinga ->

decision with regard to the compromise deed made on[31-5-]2006 between the petitioner and the sixth respondent in respectof the petitioner society and as approved by the governmentvide G.O.Rt.no.437, Revenue Department, dated 8-2-2008[for the]purpose of making recommendations as required under89of the Andhra PradeshCharitable and HinduReligiousInstitutions and Endowments Act 1987....”

2. This Court, vide order, dated 13.02.2013, has granted[interim]

order in W.P.No.4168 of 2013 reads as follows; “Notice before admission returnable in four weeks.

Learned Government Pleader for Endowments takes noticeonbehalf of Respondents1to5 and Ms.K.Lalltha,learnedStanding Counsel takes notice on behalf of the 6'^ respondent.

This Writ Petition is Instituted seeking a writ of[mandamus]for directing Respondents 3 to 5 to immediately convene a meetingfor taking an appropriate decision with regard to the compromisedeed submitted on 31.05.2006 between the petitioner[and][ Tirumala]Tirupati Devasthanams, the 6"’ respondent herein.

Section89of the Andhra PradeshCharitable and HinduReligious Institutions and Endowments Act, Act 30 of 1987 (for short'the Act’) dealt with matters as to how compromises[can be made.]Sub-section (1) thereof puts an embargo that no suit, application orappeal pending before aCourt,which relatesto acharitableorreligiousinstitutionorendowment,shallbewithdrawnorcompromisedbythetrusteeorother personin-chargeofthemanagementof suchinstitutionor endowment,exceptwiththeprevioussanctionof theCommissioner.Sub-section(2)thereofrequirestheCommissionertoconsidertheadvisabilityofcompromising in any legal proceedings with the other party to suchproceedings, under the terms and conditions, subject[to][ which][ such]compromiseis found acceptable by himintheinterestsof theinstitution or the endowment.The Commissioner is further requiredto pass a reasoned order, directing the trustee or the other person,whoisin-chargeofthemanagementofsuchinstitutionorendowment, to enter into such compromise. A proviso[was][ added][ to]sub-section (2) thereof by amending Act 33 of 2007[and][ the][ said]proviso was brought into force on 03.01.2008. As per the proviso,the Commissioner is required to pass any such order contemplatedbysub-section(2)onlyaftertakingintoconsiderationtherecommendationsofacommitteeofthreeofficersdrawnfromEndowments, Revenue and Law Departments, to be constituted[for]the said purposes.

It is now pointed out that the State Government passedordersthroughG.O.Rt.No.467Revenue(Endowments.Ill)Department, dated 01.04.2009 constituting the committee[to][ advice]theCommissionerofEndowments.Thecommitteeisnowcomprisingof Respondents3,4 and5.Thegrievanceofthepetitioner is that though nearly four years period has elapsed sincethe constitutionof the committee,in terms of the proviso to subsection (2) of Section 89 of the Act, the committee[has][ not][ met and]has not considered and tendered any advice for the[Commissioner]

action in terms of sub-section (2)of Endowments to take necessaryof Section 89 of the Act.

committee constituted nearly fourIt is rather sad that a.*,*yearsand apply back themselves could not find to the time task and/or for which energy it was to constituted.fIt is forthe committee to take into account and considerationall relevantaspects and submit their opinion for further considerationof theCommissioner of Endowments. There is no justification[whatsoever]in the Committee not even holding a meeting and tenderingtheiropinion for further action by the Commissioner of Endowments.Therefore, Respondents 3, 4 and 5 are directed to convenean appropriate meeting and consider the proposal, for[which]itisconstituted as a committee, and tender their opinion,[after][ taking][ into]account and consideration all relevant aspects, to[the][ Commissioner]of Endowments. Let this exercise be completed within[30 days][ from]the date of receipt of a copy of this order.

Post after four weeks. ”

Due to non-implementation of the order dated 13.02.2013

3. passed in the writ petition vide W.P.No.4168 of 2013,[the][ petitioner][ has]filed Contempt Case vide C.C.No.1257 of 2013.

4. Heard Mr.Sivaprasad Reddy Veneti, learned counsel forthelearned Assistant Government Pleader forlearned Assistant Government Pleader forpetitioner and Mr.P.SrinivasEndowments, appearing for the respondents.Endowments, appearing for the respondents.

Conclusion

5. On hearing, learned counsel for the petitioner submitsthat hehas noinstructions with regard to whether the respondents[have][ complied]with theorder of this Court passed in this writ petition, dated[13.02.2013.]On the other hand, learned Assistant Government Pleader[also][ not][ in][ a]position to update the status of the case,with theorder of this Court passed in this writ petition, dated[13.02.2013.]On the other hand, learned Assistant Government Pleader[also][ not][ in][ a]position to update the status of the case,

6. Onconsidering the submissions of both the learned counselsand upon perusing the entire material on record, during[the][ long][ pendency]of the cases, this Court is inclined to dispose of[the][ writ][ petition,][ while]absolute,directing themaking the interim order dated 13.02.2013 as \

respondents 3, 4 and 5 to convene an appropriate meeting[and][ consider]the proposal, for whichit is constituted as a committee,[and][ tender][ their]opinion, after taking into account and consideration[all][ relevant][ aspects,][ to]the Commissioner of Endowments,if the meeting was[not][ conducted,]within a period of thirty days (30) days from the date[of][ receipt][ of][ a][ copy][ of]this order.

7. With the above observations, the Writ Petition is disposed[of.]

No costs.

8. Consequently, the cause in the writ petition does[not][ survive]\

for any adjudication and hence, the Contempt Case is[closed.]

9. As a sequel, miscellaneous applications pending,if any, shall stand closed.

//TRUE COPY//

Sd/- A.VIJAYA BABUASSISTANT REGISTRAR

To.SECTION OFFICER

1. Shri O.V.R. Reddy, Joint Secretary to Government Revenue(Endowments) Department, A.P. Secretariat, Velagapudi, Amaravati,Guntur District.(Endowments) Department, A.P. Secretariat, Velagapudi, Amaravati,Guntur District.

2. Shri D. Chandra Kumar, Joint Commissioner (Estates),[Endowments]Department, O/o Commissioner of Endowments, Velagapudi,Amaravati, Guntur District.Department, O/o Commissioner of Endowments, Velagapudi,Amaravati, Guntur District.

3. Smt.G. Lalitha, Deputy Secretary to Govt., Law Department,[A.P.]Secretariat, Velagapudi, Amaravati, Guntur District.Secretariat, Velagapudi, Amaravati, Guntur District.

4. The Principal Secretary, Endowments Departments, Government ofAndhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.

5. The Commissioner, Endowments Department, Boggula-kunta,[Tilak]Road, Abids, Velagapudi, Amaravati, Guntur District.Road, Abids, Velagapudi, Amaravati, Guntur District.

6. Secretary Revenue (Endowments) Department Governmentof Andhra Pradesh Secretariat, Velagapudi, Amaravati Guntur District.of Andhra Pradesh Secretariat, Velagapudi, Amaravati Guntur District.

7. The Joint Commissioner (Estates) Endowments Department O/oCommissioner of Endowments Boggula-kunta, Tilak Road AbidsVelagapudi, Amaravati, Guntur District.Commissioner of Endowments Boggula-kunta, Tilak Road AbidsVelagapudi, Amaravati, Guntur District.

8. Secretary, Law Department, Government of AndhraPradesh Secretariat, Velagapudi, Amaravati, Guntur District.Pradesh Secretariat, Velagapudi, Amaravati, Guntur District.

HIGH COURT

DATED:31/12/2024

COMMONORDER

WP.No.4168 of 2013&C.C.No.1257 of 2013

DISPOSING OF THE WPWITHOUT COSTS&CLOSING THE C.C.WITHOUT COSTS

AX11 MAR 2025^7/to/^Current sectionoespatcv^^