YEDLAPALLI BASAVA PUNNAIAH Vs. COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS AND ORS.
LAWS(APH)-1955-11-31
HIGH COURT OF ANDHRA PRADESH
Decided on November 18,1955

Yedlapalli Basava Punnaiah Appellant
VERSUS
Commissioner, Hindu Religious And Charitable Endowments And Ors. Respondents


Referred Judgements :-

M K GOVINDA REDDI VS. E K PATTABHI RAMA REDDI [REFERRED TO]


JUDGEMENT

Satyanarayana Raju, J. - (1.)THIS is an application for the issue of a writ of Certiorari to call for the records connected with the Memorandum 6199/54 -A2. dated 11 -9 -1654 on the file of the Assistant Commissioner for Hindu Religious and Charitable Endowments, Guntur and R. P. No. 51/54 on the file of the Commissioner for Hindu Religious, and Charitable Endowments, Guntur, and to quash the same.
(2.)THE Petitioner is a trustee of Sri Venugopalaswamy Temple situate at Mandur ir Tenali talk of the Guntur District. The Petitioner and one K. Nagaiah were appointed as -trustees of Sri Venugopalaswami Temple by the Hindu Religious Endowments Board on the 19tlv of January 1951. Under the Andhra Amendment Act VII of 1954 the above trustees ceased to function. They were reappointed as trustees by the Area Committee by its resolution No. 203 dated 26 -4 -1954. Under the provisions of the Hindu Religious and Charitable Endowments Act (Act XIX of 1951) the number of trustees for a temple may be one, three or five. On the 31st of August, 1954, the Area Committee appointed three more trustees, who are Respondents 3 to 5 in the present writ petition. The 1st Respondent is the Commissioner for Hindu Religious and Charitable Endowments, Guntur. The 2nd Respondent is the Assistant Commissioner.
The Petitioner alleges that he filed O. S. No. 107 of: 1948 on the file of the, District Munsif's Court, Pallet, for removal of a construction some of the villagers by en -roaring upon the temple site, that the was decreed for damages on the of August, 1949, that the Defendants pre -an appeal, A. S. No. 117 of 1949 on the Subordinate Judge's Court, Tenali, which was dismissed on the 28th of February 1950 ; that thereupon they preferred in the High Court S. A. 1355 of 1950 which was decreed in terms of a compromise on the 7th of September, 1954; that throughout these proceedings the Petitioner was the managing trustee but that subsequent to the compromise decree, three more -trustees were appointed by the Assistant Commissioner, one of whom happens to be a person! v/ho filed an application before the Hindu Religious Endowments Board for permission to construct a well, and Anr. happens to be the son of Nagaiah, the trustee appointed along with the Petitioner; that the 5th Respondent is a Vakil who appeared for the Defendants in the appeal; and that appointment of these trustees was made to set at naught the compromise decree passed in S. A. No. 1335 of 1950.

(3.)THE Petitioner preferred a revision petition R. P. No. 51 of 1954 before the Commissioner for Hindu religious and Charitable Endowments questioning the appointment of Respondents 3 to 5 (in this writ petition) as additional trustees. He complained that the entire proceedings resulting in the appointment of Respondents 3 to 5 were taken behind his back, that the appointment of those Respondents is mala fide, that' subsequent to their appointment, the sired Respondent was elected as the managing trustee and he has filed M. C. No. 5 of 1955 on the file of the Additional First Class Magistrates Court Tenali, for taking possession of the records, etc. from him and that the Petitioner is resisting the said application.
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