APHC010455482017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 18848/2017 Between: G.visweswara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. E V V S RAVI KUMAR Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS (AP) The Court made the following: ORDER This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “…. to issue a Writ, Order or Direction,more Particularly one in the nature of Writ of Mandamus declaring the action of the second respondent in constituting a board of trustees to Sri Venkateswara Swamy Temple, Kakinada, East Godavari District without assigning any reasons and also without considering the recommendations dated 24.12.2016 of the third respondent and the representation submitted by the petitioner herein as illegal and consequently set 2 aside the proceedings of the 2nd respondent vide Rc.No.B.1/25088/2016/EG/KKD-20, dated 10.05.2017 and pass such …..” 2. The case of the petitioner in brief is that the petitioner and one V.S.Somayajulu constructed Sri Venkateswara Swamy temple in the year 1972 in Sarpavaram Junction, Ramanayyapeta, Kakinada Rural Mandal, East Godavari District in their own vacant site admeasuring 360 square yards. Though the temple was registered with the Endowment Department, the subject temple is under their management and control, being the founder trustees, under direct supervision of the Inspector, Endowment Department, Kakinada with sanctioned budget. As the respondents are contemplating to appoint Board of Trustees in terms of Section 15 & 29 of the Act 30/87, the petitioner submitted a representation on 10.09.2015 to the second respondent through the fourth respondent to grant exemption from constituting a Board of Trustees for the subject temple. Without considering the representation submitted by the petitioner and also ignoring the recommendation made by the fourth respondent, the second respondent issued proceedings vide Rc.No.B1/25088/2016/EG/KKD-20, dated 10.05.2017 constituting the Board of Trustees in exercise of powers conferred under subsection 2 of Section 15 of Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act 1987. Hence the present writ petition is filed. 3. Heard the learned counsel appearing for the petitioner(s) and the learned Government Pleader for Endowments appearing for the respondents. 3 4. In the counter affidavit filed by the second respondent, in para No.6, it is held as follows: “I further submit that the writ petitioner herein was died on 17.08.2021 and as such this writ petition is liable to be dismissed as abated. After death of writ petitioner, his son by name Dr.Gorthi Sankar Prasad is recognized as member of founder family in the place of his father to Sri Venkateswara Swamy Temple, Ramanaiahpeta on his application vide proceedings of Deputy Commissioner, Endowments Department, Kakinada in Computer No.A6/380485/2021, dated 12.01.2022. Ever since, the son of the petitioner is acting as Member of Founder Family to the temple”. 5. In view of the same, nothing survives in the present writ petition for further adjudication at this stage. Accordingly, this Writ Petition is closed. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. _________________________ DR. K. MANMADHA RAO, J. Date: 20.01.2025 SJ 4 121 THE HON’BLE DR. JUSTICE K. MANMADHA RAO W.P.No.18848 of 2017 Date : 20-01-2025 SJ