M Murali vs The State Of Andhra Pradesh on 6 July, 2026

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    Andhra Pradesh High Court – Amravati

    M Murali vs The State Of Andhra Pradesh on 6 July, 2026

    Date of reserved for orders :    23.06.2026
    Date of pronouncement        :   06.07.2026
    Date of uploading        :       07.07.2026
    APHC010097882026
    
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI             [3330]
                              (Special Original Jurisdiction)
    
                       MONDAY, THE 6th DAY OF JULY 2026
    
                          PRESENT
     THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
    
                         WRIT PETITION No.5378 of 2026
    Between:
      1. M MURALI, S/O M.PEDDA VENKATESU, AGED ABOUT 52
         YEARS, OCC BUSINESS,       R/O 19/646, RKM STREET,
         KADAPA, YSR KADAPA DISTRICT.
                                                   ...PETITIONER
                                AND
      1. THE   STATE     OF    ANDHRA    PRADESH,       REVENUE
         (ENDOWMENTS-1)       DEPARTMENT,         SECRETARIAT,
         VELAGAPUDI, AMARAVATHI,       REP.BY ITS PRINCIPAL
         SECRETARY - 522 238.
      2. THE COMMISSIONER OF ENDOWMENTS, STATE OF ANDHRA
         PRADESH, GOLLAPUDI, VIJAYAWADA - 521 225.
      3. THE    ASSISTANT      COMMISSIONER,      ENDOWMENTS
         DEPARTMENT, KADAPA, YSR KADAPA DISTRICT - 516 001
      4. YADALLA PITCHAIAH CHETTY CHARITIES ASSOCIATION,
         FLAT    NO.301,    3RD     FLOOR,     D.NO.20/999-9-3-5,
         JONNALAGADDA HEIGHTS, KADAPA TOWN AND MANDAL,
         YSR KADAPA DISTRICT. PIN-516 001. REP.BY ITS FOUNDER
         FAMILY MEMBER AND SECRETARY DR.JWALA CHAITANYA.
                                             ...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 to issue a writ, order or direction, more particularly a
    writ in the nature of Writ of MANDAMUS declaring the Notice in
                                        2
    
    
    
    
    Rc.No.170/MSLVA'PC/42, dated 31-01-2026 of the respondent No.4
    i.e., Yadalla Pitchaiah Chetty Charities Association, Kadapa rep.by its
    Founder Family Member and Secretary Dr.Jwala Chaitanya issued
    under Sec.83(2) of the Act, 30 of 1987 as amended by Act, 36 of 2023
    as bad, illegal, arbitrary, opposed to law and one without jurisdiction.
    
    Counsel for the Petitioner:
      1. M VIDYASAGAR
    
    Counsel for the Respondent(S):
      1. V HIMABINDU
      2. GP FOR ENDOWMENTS
    
    The Court made the following:
                                         3
    
    
    
    
         THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
    
                      WRIT PETITION No.5378 OF 2026
    
    ORDER:

    W.P.No.5378 of 2026 is filed to issue a writ, order or direction,

    more particularly, a writ in the nature of Writ of Mandamus to declare

    SPONSORED

    the order passed by the A.P.Endowments Tribunal Amaravathi in

    O.A.No.54 of 2018 dated 21.01.2026 permitting the withdrawal of O.A.

    and granting liberty and the consequential Notice issued under Sec.832

    of the Act 30 of 36 of 2023 vide Notice Rc.Amended by Act 1987

    No.170/MSLV/YPC/42 dated 31.01.2026 of the respondent No.4 i.e.,

    Yadalla Pitchaiah Chetty Charities Association Kadapa rep. by its

    Founder Family Member and Secretary Dr.Jwala Chaitanya as illegal

    arbitrary opposed to law and one without jurisdiction.

    2. The 4th and 3rd respondents respectively filed O.A.No.54 of 2018

    on the file of the A.P.Endowments Tribunal at Amaravathi, Pedakakani,

    to pass eviction orders against the writ petitioner herein directing to

    vacate and surrender vacant possession of the petition schedule

    property, i.e., building bearing D.No.19/646 encroached portion

    measuring east-west 115 feet and north-south 10 feet in

    Sy.No.30/2B/1A1, located in Kadapa Town.

    4

    3. While the O.A. is pending for consideration/trial/enquiry, the 4th

    and 3rd respondents herein have filed I.A.No.911 of 2025 for withdrawal

    of the O.A. and to avail the remedies that are available under the

    provisions of the Andhra Pradesh Charitable and Hindu Religious

    Institutions and Endowments Act, 1987 (for short, „the Act 30 of 1987‟).

    The Endowments Tribunal, vide order dated 21.01.2026, has allowed

    the I.A., consequently, the O.A. was dismissed as withdrawn, granting

    liberty to proceed according to law.

    4. Subsequent to dismissal of the O.A. as withdrawn, the 4th

    respondent has issued notice under Section 83(2) of the Act 30 of 1987,

    as amended by Act 36 of 2023, to submit explanation within the

    stipulated time or to vacate the schedule premises, and, in case the

    petitioner has no explanation to offer, appropriate action will be taken

    against the writ petitioner as per the provisions of the Act 30 of 1987.

    5. The said notice issued under Section 83(2) of the Act 30 of 1987,

    as amended by Act 36 of 2023, is under challenge in the present Writ

    Petition on the following grounds:

    (i) The Act nowhere specifies that the said enactment would come

    into force retrospectively and it also does not empower any such

    permission to proceed to initiate proceedings of eviction under the new
    5

    Act to either withdraw the existing proceedings and to initiate afresh,

    obviously, the very permission granted permitting the 4th respondent to

    withdraw O.A.No.54 of 2018 with a permission to proceed as per law is

    wholly impermissible.

    (ii) As per the amended Act 36 of 2023, which was brought into

    force on 27.10.2023 defines the authorities competent to issue the

    notice to encroachers but nowhere specifies the role of a member of the

    founder‟s family to stretch his hands to exercise his jurisdiction or is

    authorized to exercise his jurisdiction to issue a notice under the Act 30

    of 1987; and under Section 83 of the Act 30 of 1987, neither it is issued

    by the Executive Officer of the R4-Charity nor it is issued by the 3rd

    respondent-Assistant Commissioner, who are authorized to issue such

    notices under the Act 30 of 1987 as amended by Act 36 of 2023.

    6. Thus, it voiced that the impugned notice suffers from lack of

    jurisdiction and by virtue of withdrawal; the 4th respondent has lost his

    claim to proceed on the petitioner‟s property under the Act 36 of 2023.

    Hence, prayed to set aside the impugned notice dated 31.01.2026. In

    addition to the above legal grounds, the petitioner has pleaded factual

    matrix.

    6

    7. The 4th respondent has filed counter affidavit and denied all the

    averments made in affidavit filed in support of the Writ Petition, Inter

    alia, it is asserted as in the following manner:

    (i) It is submitted that the contention of the writ petitioner that the

    person/authority who caused notice for the 4th respondent is not

    competent to issue notice. It is absolutely incorrect. The 4th respondent

    institution is an exempted institution by notification u/s.154 of The

    Endowment Act vide G.O.Ms.No.1098, Revenue (Endowments-I)

    Department dated 11.09.2008 exempting Sections 15 and 29 of

    Endowments Act and vide G.O.Ms.No.306 Revenue (Endts)

    Department dated 05.11.2021 exempting all provisions except Section

    80, in view of the same, the trustee or any person in management is

    competent to discharge the functions of Executive Officer also in dual

    capacity and Executive Officer for all practical purposes. Without

    prejudice to the said convention, even otherwise the Proviso to Section

    29 of The Endowments Act empowers the Trustee or any other person

    to discharge the functions of Executive officer.

    (ii) It is submitted that the Trustee/Secretary for all practical

    purposes, is also an Executive Officer more particularly in view of

    proviso to Sec.29 of The Endowment Act. The very appointment of the
    7

    present Founder Family Member who is the 4th respondent is replacing

    the then existing Executive Officer vide proceedings in R.C.No.D1/COE-

    25026/14/2020 dated 12.01.2021 and authorized to discharge the

    functions of Executive Officer also, as such the present Founder Family

    Member/Secretary is an EO for all practical purposes including to

    discharge the functions u/s.83 of the Endowments Act. Without

    prejudice to the above contentions, since the subject institution is an

    exempted institution, the deponent has been discharging the functions

    of Trustee as provided u/s.23 as well as Executive Officer as provided

    u/s.29 of The Endowment Act for the sake of Sections 83(2) and 83(8)

    and reference of other provisions under the said section makes it clear

    that the executive authority defines and includes Trustee, in his

    absence, as such the trustee is competent while discharging functions

    of Executive Officer to invoke Section 83 and competent to proceed

    further since got jurisdiction. The functions of the deponent are dual in

    nature covered by the above said provisions and the Trustee is

    responsible under Section 23 for entire management and all

    administrative responsibilities including the functions of the EO in his

    absence. Further under rules issued in G.O.Ms.No.888, defines
    8

    Executive Authority, which also clinches that Trustee is Executive

    Officer, in his absence.

    (iii) It is submitted that it is the further contention of the writ

    petitioner that the O.A. already filed for removal of encroachment cannot

    be withdrawn and the present notice under the Amended Act is

    impermissible, is liable to be rejected, for the reason that the previous

    proceedings were initiated under un-amended Section 83 which is not in

    force now and totally a new and comprehensive section is enacted. It is

    not involving any taking away or introducing or providing any benefit, but

    it relates to procedural in nature for effective adjudication, while

    providing reasonable opportunity and remedies. It is not the case that

    there is some insertion or deletion of part of the provision. But the

    present amendment made is total substitution of old sections while also

    deleting Sections 84 to 86 which were earlier interdependent. In other

    words, the entire old Section 83 and interdependent Sections 84 to 86

    were substituted by new provisions, which is comprehensive. The

    proceedings earlier initiated as per old provisions cannot be continued

    in view of repealing of the said sections under non-existing

    provisions. Without prejudice to the above submissions, presuming it is

    allowed to continue under the repealed provision, the procedure for
    9

    execution of the said order u/s.84 of the Act were also repealed. In view

    of the same, presuming an order is obtained under the repealed Act, it

    cannot be executed as such, there is no other option except

    withdrawing the proceedings under the repealed Act and invoking new

    provisions and there cannot be any objection much less regarding

    invocation of the amended provision.

    (if) It is submitted that the proceedings under the repealed

    provision were withdrawn with liberty to invoke the amended provision

    and to proceed further which order became final passed in

    O.A.No.54/2018 dated 09.12.2025 there is due permission while

    withdrawing the earlier proceedings and rightly invoked the amended

    Act for issuance of notice under challenge dated 31.01.2026, such order

    in O.A. became final.

    (v) It is submitted that the judgment relied on by the petitioner

    have no application for the present case. There is no accrued benefit

    under old Act nor it is taken away under amended Act. The amendment

    is only to the effect that there is a mechanism provided for effective

    adjudication instead of procedure under old Act. In other words either

    the old provisions or amended provisions are procedural in nature in

    order to conduct enquiry. In fact, there is total substitution and
    10

    replacement of old provisions. Even it is adjudicated under old Act

    without prejudice, the above contentions, it cannot be executed in view

    of omitting of Sections 84 to 86. Hence, the petitioner cannot rely on the

    said judgment.

    (vi) It is submitted that absolutely there are no valid reasons to

    maintain the present writ petition. In fact, this Hon’ble Court was

    pleased to consider similar issue that whether Sec 83 as amended by

    Act 36 of 2023 can be invoked for removal of encroachments and

    whether writ petition is maintainable as against the orders under

    amended provision. This Hon’ble Court was pleased to pass orders in

    W.A.Nos.1188/2025 & 1191/2025 dated 13.11.2025 holding that the

    Executive Officer can invoke amended Section 83 for removal of

    encroachment while Trustee / Secretary discharging the same, though

    incidentally considered the scope of Section 75 and 77. Yet there is

    another order passed by this Hon’ble Court in W.P.No.28866/2024 &

    W.P.No.28869/2024 dated 20.12.2024 holding that the alternative

    remedy cannot be ignored and the person aggrieved by the order u/s.83

    can avail the remedy of appeal before the Endowment Tribunal.

    8. Heard Sri M. Vidyasagar learned counsel for the petitioner and

    Sri V.Venugopal Rao assisted by Smt. V.Himabindu counsel for the 4th
    11

    respondent-institution and learned Government Pleader for respondents

    1 to 3.

    CONTENTIONS OF THE PETITIONER‟S COUNSEL:

    9. Counsel for the petitioner made oral submissions essentially

    reiterating the facts as stated in the affidavit arguing that the amended

    act 36 of 2023 doesn‟t specify that it would come into force

    retrospectively and the very granting permission to proceed as per law

    by the Endowment Tribunal is wholly impermissible and relied on the

    following judgments in support of the above said contention. The

    Judgment of the Apex Court in the case of Ambalal Sarabhai

    Enterprises Ltd., Vs. Amrit Lal & CO., and another reported in (2001)

    8 SCC 397: “For the proposition that the repealing Act came into force

    would not be affected by the repealing statute and will be continued and

    concluded in accordance with the law as existed under the repealed

    statute.”

    10. And the other judgment of erstwhile High Court of Andhra

    Pradesh in the case of Sri Satya Pramod’s Teertha Swamuluvaru Vs.

    Commissioner of Hindu Religious and Charitable Endowments,

    Andhra Pradesh, Hyderabad and another reported in AIR 1971 A.P.

    371.
    12

    CONTENTIONS OF THE 4TH RESPONDENT COUNSEL:

    11. The learned designated senior counsel Sri V.Venugopal Rao

    made oral submissions essentially reiterating the facts that as stated in

    the counter affidavit arguing that prior to the amendment of Sections 84

    to 86 of the Andhra Pradesh Charitable Hindu Religious Institution and

    Endowments, Act 30 of 1987 the Deputy Commissioner is vested with

    the power of removal of encroachments and obtain possession with aid

    of the police subsequent to the amendment to the provisions indeed the

    writ petitioner is protected by the principles of natural justice and a

    procedure is incorporated to evict the encroacher hence the senior

    vehemently opposed the argument of the counsel appearing for the writ

    petitioner.

    ANSWERING THE I CONTENTION:

    12. At the outset, it is the contention of the petitioner‟s counsel the

    respondents 4 and 3 cannot withdraw the O.A. and that the amendment

    that carried out to Section 83 vide amended Act 36 of 2023 doesn‟t

    specify that it would come into force retrospectively and the very

    granting permission to proceed as per law by the Endowment Tribunal
    13

    is wholly impermissible and it is not retrospective is support of this

    contention the following two judgments were relied.

    13. As seen from the judgment of the Apex Court in the case of

    Ambalal Sarabhai Enterprises Ltd., Vs. Amrit Lal & CO., and

    another reported in (2001) 8 SCC 397, when any right is accrued in

    pending cases then the amended provisions of the act has to be looked

    into only for the purpose of determining whether the amended

    provisions indicates a different intention, relying on Section 6 of the

    General Clauses Act.

    14. In the same judgment the Apex Court at para No.37 as observed

    in the following:

    In view of our aforesaid findings, since Rent Controller has the

    jurisdiction over the subject-matter, it will not be right for the landlord to

    continue with two parallel proceedings; one under the General Law and

    other before the Rent Controller. Hence, we further order that the

    respondent-landlord to withdraw one of the two proceedings

    within a period of 6 weeks from today.

    15. In the judgment of erstwhile High Court of Andhra Pradesh in the

    case of Sri Satya Pramod’s Teertha Swamuluvaru Vs.

    Commissioner of Hindu Religious and Charitable Endowments,
    14

    Andhra Pradesh, Hyderabad and another reported in AIR 1971 A.P.

    371, for the very same proposition and the relevant para is hereby

    extracted:

    “Whenever there is a repeal of an enactment, the
    consequences laid down in Section 6 of the General
    Clauses Act will follow unless, as the section itself says, a
    different intention appears. In the case of a simple repeal
    there is scarcely any room for expression of a contrary
    opinion. But when the repeal is followed by fresh legislation
    on the same subject we would undoubtedly have to look to
    the provisions of the new Act but only for the purpose of
    determining whether they indicate a different intention. The
    following two paragraphs are extracted for the benefit for
    better understanding.

    “The line of enquiry would be, not whether the new Act
    expressly keeps alive old rights and liabilities but whether it
    manifests an intention to destroy them. We cannot therefore
    subscribe to the broad proposition that Section 6 of the
    General Clauses Act is ruled out when there is repeal of an
    enactment followed by a fresh legislation, Section 6 would
    be applicable in such cases also unless the new legislation
    manifests an intention incompatible with or contrary to the
    provisions of the section. Such incompatibility would have to
    be ascertained from a consideration of all the relevant
    provisions of the new law.”

    15

    “In cases where Section 6 of the General Clauses Act is not
    applicable, the courts have to scrutinise and find, whether a
    person under a repealed statute had any vested right. In
    case he had, then pending proceedings would be saved.
    However, in cases where Section 6 General Clauses Act is
    applicable, it is not merely a vested right but all those
    covered under various sub-clauses from (a) to (e) of Section

    6. General Clauses Act. We have already clarified right and
    privileges under it is limited to those which is acquired and
    accrued. In such cases pending proceedings is to be
    continued as if the statute has not been repealed.”

    16. The above judgment cited by the petitioner‟s counsel manifests

    that vested rights cannot be nullified by new legislation. In this case, the

    new legislation has not diminished the petitioner’s rights; rather, it has

    enhanced them. Under Sections 84 and 85 of the Act of 1987 (Act 30 of

    1987), the Deputy Commissioner was the competent authority to

    remove encroachments with police assistance. The petitioner has failed

    to specify which rights have accrued to them or how the repealed and

    amended provisions negatively affect their position. Conversely, the

    amended provisions provide the petitioner with the protection of natural

    justice and establish a formal procedure for the eviction of encroachers.
    16

    Under Order XXIII Rule 1(3) CPC lays down following grounds on which

    a Court may allow withdrawal of suit. It reads as under:

    17. R.1. Withdrawal of suit or abandonment of part of claim.- At any

    time after, the institution of a suit, the plaintiff may as against all or any

    of the defendants abandon his suit or a part of his claim

    (2) xxxxxx

    (3) Where the Court is satisfied.-

    (a) that a suit must fail by reason of some formal defect, or

    (b) that there are sufficient grounds for allowing the plaintiff to institute a

    fresh suit for the subject-matter of a suit or part of a claim, it may, on

    such terms as it thinks fit, grant the plaintiff permission to withdraw from

    such suit or such part of the claim with liberty to institute a fresh suit in

    respect of the subject-matter of such suit or such part of the claim.

    18. In the case of K.S. Bhoopathy and Ors Vs. Kokila and Ors.,

    reported in (2000) 5 SCC 458, it has been held that it is the duty of the

    Court to be satisfied about the existence of “formal defect” or “sufficient

    grounds” before granting permission to withdraw the suit with liberty to

    file a fresh suit under the same cause of action. Though, liberty may lie

    with the plaintiff in a suit to withdraw the suit at any time after the

    institution of suit on establishing the “formal defect” or “sufficient
    17

    grounds”, such right cannot be considered to be so absolute as to

    permit or encourage abuse of process of Court. The fact that the plaintiff

    is entitled to abandon or withdraw the suit or part of the claim by itself, is

    no licence to the plaintiff to claim or to do so to the detriment of

    legitimate right of the defendant. When an application is filed under

    Order XXIII Rule 1(3) CPC, the Court must be satisfied about the

    “formal defect” or “sufficient grounds”. “Formal defect” is a defect of form

    prescribed by the Rules of procedure such as, want of notice under

    Section 80 CPC, improper valuation of the suit, insufficient court fee,

    confusion regarding identification of the suit property, mis-joinder of

    parties, failure to disclose a cause of action etc. “Formal defect” must be

    given a liberal meaning which connotes various kinds of defects not

    affecting the merits of the plea raised by either of the parties.

    19. In terms of Order XXIII Rule 1(3) (b) where the Court is satisfied

    that there are sufficient grounds for allowing the plaintiff to institute a

    fresh suit, the Court may permit the plaintiff to withdraw the suit. In

    interpretation of the word “sufficient grounds”, there are two views: One

    view is that these grounds in clause (b) must be “ejusdem generis” with

    those in clause (a), that is, it must be of the same nature as the ground

    in clause (a) that is formal defect or at least analogous to them; and the
    18

    other view was that the words “other sufficient grounds” in clause(b)

    should be read independent of the words a „formal defect‟ and clause

    (a). Court has been given a wider discretion to allow withdrawal from

    suit in the interest of justice in cases where such a prayer is not covered

    by clause (a). Since in the present case, we are only concerned with

    “formal defect” envisaged under clause (a) of Rule (1) sub-rule (3), we

    choose not to elaborate any further on the ground contemplated under

    clause (b) that is “sufficient grounds”.

    20. In R. Rthianavel Chettiar and another V.V. Sivaramman and

    others (1999) 4 SCC 89, the Apex Court opined:

    “That where a decree passed by the trial court is challenged
    in appeal, it would not be open to the plaintiff, at that stage,
    to withdraw the suit so as to destroy that decree. The rights
    which have come to be vested in the parties to the suit
    under the decree cannot be taken away by withdrawal of
    the suit of that stage unless very strong reasons are shown
    that the withdrawal would not affect or prejudice anybody’s
    rights. The impugned judgment of the light court in which
    contrary view has been expressed cannot be sustained.”

    21. Courts generally protect valuable rights already accrued to a

    party, meaning amendments usually cannot destroy past admissions or

    frustrate final judgments already based on evidence, in the present case

    on hand there is no evidence adduced and it is trial stage and no rights

    of the writ petitioner was destroyed that accrued to the petitioners. It is
    19

    imperative a right to withdraw a suit in the suit or would be unqualified, if

    no right has been vested in any other party that the withdrawal would

    not affect or prejudice anybody’s vested rights, then the court can permit

    to withdraw the suit.

    22. In the present case the government has amended certain

    provisions and omitted Sections 84 to 86 of the Act while introducing

    some additions to Section 83 of Endowment Act. If the writ petitioners

    are so aggrieved ought to have been challenged amended provisions.

    The writ petitioners have not challenged the validity of the provisions.

    Instead d the respondents have utitlised the said amended provisions

    and withdrawn their original application taking advantage of those

    changes is perfectly within the respondents’ rights and the respondents

    cannot be found fault with. It is pertinent to note that the Endowment

    Tribunal has not commenced the proceedings by recording any

    evidence. Hence the 1st issue answered against the writ petitioner.

    ANSWERING THE II CONTENTION:

    23. The other contention of counsel appearing for the writ petitioner is

    that Founder Family is not the competent to issue notice under Section

    83(2) of the Act and lacks the legal authority to issue a notice under

    Section 83(2) of the Act. According to this provision, the power to issue
    20

    an eviction notice to an encroacher is restricted to the Executive Officer

    of the Charitable or Religious Institution or Endowment, the Assistant

    Commissioner, or a higher-ranking authority, in the present case the

    Founder Family member issued notice and the Founder Family is not

    only the competent and he lacks jurisdiction to issue the impugned

    notice dated 31.01.2026.

    24. The learned designate senior counsel Sri V.Venugopal Rao

    argued that, for all practical purposes, the current Founder Family

    member/Secretary functions as an Executive Officer, including the

    discharge of duties under Section 83(2) of Act 30 of 1987, as the

    institution is exempted institution, the person who issued notice

    discharging the functions of Trustee as provided under Section 23 as

    well as Executive Officer as provided under Section 29 of the Act 30 of

    1987 for the sake of Sections 83(2) and 83(8) of the Act 30 of 1987 and

    relied on some of the Government Orders (G.O‟s).

    25. Conversely, the learned petitioner‟s counsel would submit that the

    Government Orders are inapplicable as they are pertain to Aaryavysya

    Community and the institution are exempted by the Government it is

    further contended that that the Sections 23 and 29 of the Act 30 of 1987

    do not authorize to issue notices by the Founder Family member and
    21

    these provisions are irrelevant to the facts of the case. Consequently

    petitioner‟s counsel strongly opposes the argument of the learned senior

    counsel for the respondents and asserting that the Founder Family

    member is not the competent and lacks the authority to issue impugned

    notice.

    26. It is relevant to state that under 1st Proviso to Section 29 of the

    Act 30 of 1987 which reads hereunder:

    “Provided that, where there is no Executive Officer in respect of
    any Charitable or Religious Institution or Endowment, the trustee
    or the Chairman of the Board of Trustees or any employee of any
    Institution or Endowment where the income exceeds Rs.2 lakhs,
    but is less than Rs.25 lakhs per annum, duly authorised by the
    Commissioner in this behalf shall exercise the powers and
    perform the functions and discharge duties of an Executive
    Officer:”

    27. Even accepting that the contention of the petitioner‟s counsel that

    the G.O.‟s relied by the respondents is inapplicable, according to the

    proceedings of the Commissioner Endowment Department in

    Rc.No.D1/COE-25026/14/2020, dated 12.01.2021 filed along with the

    counter affidavit, the income of the 4th respondent institution Sri Yadava

    Pitchaiah Chetty Charities Association, Kadapa Town, YSR Kadapa

    District was published U/S.6(b)(i) of the Act 30/1987 is around Rs.22.00

    Lakhs per annum. If an institution’s annual income ranges from more

    than ₹2 lakhs to less than ₹25 lakhs, it comes under the administrative
    22

    control of the Commissioner Endowments Department. Under the said

    proviso, the Commissioner is empowered to appoint someone to

    discharge the official duties of the temple or institution’s that are

    reserved for an Executive Officer. Accordingly, a member of the founder

    family was appointed to manage the affairs of the 4th respondent

    institution, the founder Family Member is an executive officer for all

    practical purposes under the Act 30 of 1987.

    28. Hence, for the above discussion, this Court see no merit in the

    contentions raised by the writ petitioner, the Writ Petition sans merit

    and, accordingly, it is dismissed. The respondents are directed to

    proceed by following the procedure of law before evicting the petitioner.

    However, no order as to costs.

    As a sequel, Interlocutory Applications, if any, pending shall stand

    closed.

    __________________________________
    JUSTICE TARLADA RAJASEKHAR RAO

    Date: 06.07.2026
    siva

    Whether the order is:

    Speaking Yes/No         /   Reasoned Yes/No
    Reportable Yes/No       /   Non-reportable Yes/No
                                    23
    
    
    
    
           THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
    
    
    
    
                     WRIT PETITION No.5378 OF 2026
    
    
    
    
                            Date: 06.07.2026
    
    
    siva
     



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