APHC010511032009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24747/2009 Between: 1. YOUNG MENS HINDU ASSOCIATION, DOOR NO.3A-2-1/A, YMHA ROAD,ELURU, WEST GODAVARI DISTRICT, REP.BY ITS PRESIDEN ...PETITIONER AND 1. THE COMMISSIONER OF ENDOWMENTS DHARMIKA BHAVAN, BOGGULAKUNTA, TILAK ROAD,HYDERABAD 2. MANAGER SRI ANNAVASTRA VIDYA VAIDYADANA SAMAJAM, ELURU, WEST GODAVARI DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue appropriate writ order or direction preferably one in the nature of mandamus by setting aside the order in Memo No.D1/30300/2007 dated 22.10.2009 issued by the 1st respondent and pass IA NO: 1 OF 2009(WVMP 4291 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased vacate the interim orders made in WPMP No. 32194/2009 dated 16-11-2009 in WP No. 24747 of 2009 and pass such other order orders as this Hon'ble Court may deem fit and proper inthe circumstances of the case. IA NO: 2 OF 2009(WPMP 32194 OF 2009 2 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order in Memo No.D1/30300/2007 dated 22.10.2009 forthwith and pass IA NO: 1 OF 2010(WVMP 1222 OF 2010 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased dismiss the writ petition NO 24747/2009 by vacatting the interim orders passed in WPMP No 32194/2009 dt 16-11-2009 and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leave to petitioner's Association to file reply affidavit and receive the same in the above W.P.No.24747/2009, in the ends of justice, and pass Counsel for the Petitioner: 1. C VENKAIAH Counsel for the Respondent(S): 1. V T M PRASAD SC FOR ENDOWNMENTS 2. GP FOR ENDOWMENTS 3. PULIPATI RADHIKA The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24747/2009 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- <to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus by setting aside the order in Memo.No.D1/30300/2007, dated 22.10.2009 issued by the 1st respondent and pass such other order.= 2. Heard learned counsel for the petitioner, learned Government Pleader for respondent No.1 and the learned Standing Counsel for respondent No.2. 3. Learned counsel for the petitioner submits that the petitioner association is registered under the provisions of the Societies Registration Act, 1860 (herein after referred as 8Act, 18609) in the year 1994 vide Registered No.1034. After enactment of the new Act in the year 2001, the petitioner did not come under the definition/jurisdiction of the respondents herein. Therefore, appointment of manager and executive officers to manage the affairs of the petitioner association is contrary to law and liable to be set aside. He further submits that at the time of admission of the Writ Petition, this Court was pleased to pass an interim order suspending the impugned order dated 22.10.2009. In view of suspension order, the petitioner association is being maintained by the office bearers of the petitioner-association. 4 4. On the other hand, learned Standing Counsel for respondent No.2 submits that the subject association was notified as endowment association under Section 6(c) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (herein after referred as 8Act, 19879). In view of notification, respondent No.1 is empowered to appoint manager or executive officer. Further, the petitioner institution has crossed the income as prescribed under Section 6 of Act, 1987. As per Section 29 of Act, 1987, once the income of the institution is crossed as prescribed, the respondent No.1 is empowered to appoint executive officer or manager to manage the affairs of the notified endowment institution. Since, the petitioner is also one of the notified endowment institution the impugned order was passed. But, the impugned order was already suspended as such the manager or executive officer was not appointed. Due to lapse of more than two decades nearly 16 to 17 years, respondent Nos.1 and 2 are at liberty to take action after following due procedure as contemplated. 5. Heard both the learned counsel and perused the material on record. It appears that the petitioner association was registered under the provisions of Act, 1860. Once the petitioner association was registered under Act, 1860, the said institution/petitioner would not fell within the jurisdiction of respondent Nos.1 and 2. However, it is represented that the subject association is notified as endowment 5 institution under Section 6(c) of Act, 1987. As long as the said notification is continued, the respondents may take appropriate action in accordance with law. As contended by the learned counsel for the petitioner if it is still functioning as association under the provisions of Act, 1860, it is for the petitioner association to recall the notification by the respondents under Section 6(c) of Act, 1987. For which, the petitioner is entitled to take steps to protect its interest and de-notify the institution as endowment institution. 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 11.02.2026 TTPPSS 6 29 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:24747/2009 11.02.2026 TTPPSS