D V RAGHAVACHARYULU Vs. DEPUTY COMMISSIONER ENDOWMENTS DEPARTMENT GUNTUR

JUDGEMENT

(1.) The question raised in these proceedings is whether the authorities under S. 26 (1) of the Andhra Pradesh Charitable Hindu Religious Institutions and Endowments Act (17 of 1966) (hereinafter called the Act ) have the power to suspend a hereditary trustee pending disposal of charges framed against him and appoint a fit person to discharge his duties. It involves interpretation of S. 26 (1) and (3) of the Act read with the relevant provisions of the Act.

(2.) The petitioner is a hereditary trustee of Sri Vallabharaya Swamy Temple, Gangipuram, Prathipadu Taluk, Guntur District by virtue of family succession. The claim of the petitioners family as hereditary trustee was upheld by the Commissioner by order dated 23-7-1943 and since then they are functioning as such. After the death of the father of the petitioner viz. In the year 1968, the petitioner was recognised as hereditary trustee by order of the Assistant Commissioner dated 8-11-1968.

(3.) under the impugned order dated 22-4-1983 the 1st respondent - the Deputy Commissioner of Endowments, Guntur framed as many as 18 charges against the petitioner and directed that he shall be under suspension pending enquiry in exercise of powers under Sec. 26 (1) of the Act. Under the same order in exercise of the powers under Sec. 26 (3) one Dr. Jampani Venkatrayudu was appointed as a fit person in his place. The petitioner challenged the said order by filing Writ Petition No. 3658/83 and sought suspension of the impugned order. The learned single Judge admitted the writ petition but dismissed the application for suspension and hence the writ appeal 539/83 was field against the order refusing to suspend the impugned order. To shorten the proceedings in this Court we heard both the writ appeal and the writ petition together and that was how the proceedings are before us.