P.NAVEEN KUMAR REDDY Vs. UNION OF INDIA
LAWS(APH)-2022-9-126
HIGH COURT OF ANDHRA PRADESH
Decided on
September 15,2022
P.Naveen Kumar Reddy
Appellant
VERSUS
UNION OF INDIA
Respondents
Referred Judgements :-
KALYANA VENKATARAMANA AYYANGAR VS. KASTURI RANGA AYYANGAR [REFERRED TO]UNION OF INDIA V. W.N. CHADHAS [REFERRED TO]
DIRECTOR OF ENDOWMENTS GOVERNMENT OF HYDERABAD VS. AKRAM ALI [REFERRED TO]
B N NAGARAJAN LINGAPPA VEERAPPA SHINDAL VS. STATE OF MYSORES:STATE OF MYSORES [REFERRED TO]
BISHWANATH VS. THAKUR RADHA BALLABHJI [REFERRED TO]
GUJARAT ELECTRICITY BOARD VS. GIRDHARLAL MOTILAL [REFERRED TO]
STATE OF GUJARAT VS. SHANTILAL MANGALDAS [REFERRED TO]
D NAGARAJ VS. STATE OF KARNATAKA [REFERRED TO]
BANGALORE MEDICAL TRUST VS. B S MUDDAPPA [REFERRED TO]
JANATA DAL VS. H.S.CHOWDHARY [REFERRED TO]
JYOTI K K VS. KERALA PUBLIC SERVICE COMMISSION [REFERRED TO]
MOR MODERN COOPERATIVE TRANSPORT SOCIETY LIMITED VS. FINANCIAL COMMISSIONER AND SECRETARY TO GOVERNMENT OF HARYANA [REFERRED TO]
P U JOSHI VS. ACCOUNTANT GENERAL AHMEDABAD [REFERRED TO]
HIGH COURT OF GUJARAT VS. GUJARAT KISHAN MAZDOOR PANCHAYAT [REFERRED TO]
MOCHERLA VENKATARAYA SARMA VS. Y SIVARAMA PRASAD [REFERRED TO]
PAPPU VENKATA RAO VS. COMMISSIONER OF ENDOWMENTS [REFERRED TO]
JOINT COLLECTOR R R DISTRICT VS. SYED AHMED HASAN [REFERRED TO]
POTHINA VENKATA MAHESH VS. STATE OF ANDHRA PRADESH [REFERRED TO]
JUDGEMENT
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(1.)Heard the learned counsel for the petitioner, the learned senior counsel for the respondent No.8, the learned Advocate General for the
respondent Nos.4 and 5, and the learned Assistant Solicitor General for the
respondent Nos.1 to 3.
(2.)This writ petition is filed with an amended prayer for issuance of writ of quo warranto against the respondent No.8 questioning his authority to continue as "full additional charge" in the post of "executive officer" of the respondent No.7 on the ground that it is violative of Sec. 107 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987).
(3.)The learned counsel for the petitioner submits that the petitioner is a resident of Tirupati Town and the devotee of Lord Venkateswara. He is a "person interested" in the well being of the affairs of the respondent No.7. Hence questioning the authority of the respondent No.8 in continuing as Full Additional Charge for the post of Executive Officer of the respondent No.7-Devasthanam. Sec. 107 of the Act 30 of 1987 deals with the qualifications for appointing Executive Officers and other officers in the Tirumala Tirupati Devastanam and the Government is the competent authority under Sec. 106 of the Act. Sec. 107(1) of the Act 30 of 1987 is as follows:
"107. Qualifications for Appointment of Executive Officer, Joint Executive Officer, Special Grade Executive Officer, Financial Advisor, and Chief Accounts Officer, etc:
(1) A person to be appointed as Executive Officer shall be the one who is holding or has held a post of the District Collector or a post not lower in rank than that of a District Collector in any other service in the State."
(2.)This writ petition is filed with an amended prayer for issuance of writ of quo warranto against the respondent No.8 questioning his authority to continue as "full additional charge" in the post of "executive officer" of the respondent No.7 on the ground that it is violative of Sec. 107 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987).
(3.)The learned counsel for the petitioner submits that the petitioner is a resident of Tirupati Town and the devotee of Lord Venkateswara. He is a "person interested" in the well being of the affairs of the respondent No.7. Hence questioning the authority of the respondent No.8 in continuing as Full Additional Charge for the post of Executive Officer of the respondent No.7-Devasthanam. Sec. 107 of the Act 30 of 1987 deals with the qualifications for appointing Executive Officers and other officers in the Tirumala Tirupati Devastanam and the Government is the competent authority under Sec. 106 of the Act. Sec. 107(1) of the Act 30 of 1987 is as follows:
"107. Qualifications for Appointment of Executive Officer, Joint Executive Officer, Special Grade Executive Officer, Financial Advisor, and Chief Accounts Officer, etc:
(1) A person to be appointed as Executive Officer shall be the one who is holding or has held a post of the District Collector or a post not lower in rank than that of a District Collector in any other service in the State."
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