Sri V.Srihari Rao v. The Assistant Commissioner, Endowments Department, Turners Choultry, Visakhapatnam and four others

This Writ Petition is filed for a Writ of Certiorari to quash order dated 27-4-2005 passed by respondent No.1 in D.Dis. No.A2/4160/2004. The petitioner also sought for a consequential direction to re-enquire into the matter and not to make any appointments to the Board of Trustees of respondent No.2-temple until respondent No.1 decides the matter afresh. Heard Sri P.Srinivasa Rao, learned counsel for the petitioner; learned Assistant Government Pleader for Endowments for respondents 1, 2 and 4; Sri B.Srinivasa Rao, counsel appearing for Sri T.Niranjan Reddy, learned counsel for respondent No.3; and Sri N.Gurugopal, learned counsel for respondent No.5; and perused the record. The petitioner filed an application before respondent No.1 to declare him as a person belonging to a member of the founder family of respondent No.2- temple. The said application was rejected by a reasoned order passed by respondent No.1, which is challenged in this Writ Petition. At the hearing, the learned counsel for the petitioner fairly conceded that the petitioner approached a wrong authority instead of approaching the Deputy Commissioner of Endowments having jurisdiction over the area. Learned counsel for respondents 3 and 5 admitted that respondent No.1 has no jurisdiction to entertain the petitioner’s application and to adjudicate the same on merits. In view of the same, the impugned order is set aside. This, however, does not mean petitioner’s claim is accepted by this Court. The petitioner is left free to approach the jurisdictional Deputy Commissioner under Section 87(h) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. Subject to the above observations, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP No.14277of 2005 is dismissed as infructuous. --------------------------------------- - C.V.NAGARJUNA REDDY, J Date:14-07-2008 MNR