T.S Rajeswaram v. (2) Department,Secretariat,Hyderabad
Case at a glance
- Bench
- GOPALA KRISHNA TAMADA
Provisions considered
- Constitution of India art. 226
- A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 ss. 15, 29, 94
Judgment
Cause title
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order more particularly one in the nature of writ of Mandamus declaring the G.O.Rt No.903 Revenue(Endowment.IV) Department dt.17-04-2008 issued by the 1st respondent as illegal arbitrary unconstitutional and against the principles of natural justice and accordingly set aside the same and consequently direct to exempt Sri Sampath Vinayanagar Temple, Asilmetta, Visakhapatnam, Visakhapatnam Dist from the provisions of Section 15 & 29 of the A.P Charitable & Hindu Religious Institutions and Endowments Act 1987 as granted by the respondent No.1 in G.O.Rt No.1999 Revenue(Endowment.IV) Department dt.09-09-2006 G.O.Rt No.248 Revenue(Endowment, IV)(2) Department dt.28-01-2008 and pass such other order or orders as this Hon’ble Court may deem fit and proper. the respondent No.1 Counsel for the Petitioner: MR.R.N.HEMENDRANATH REDDY Counsel for the Respondents.: GP FOR ENDOWMENTS The Court made the following :
ORDER:
W.P.No.9052 of 2008 This writ petition is filed seeking a Writ of Mandamus declaring the G.O.Rt.No.903 Revenue (Endowments.IV) Department, dated 17.04.2008 issued by the 1st respondent-the Government of Andhra Pradesh, cancelling the earlier orders issued in G.O.Rt.No.1999 Revenue (Endowments-IV) Department dated 09.09.2006 and G.O.Rt.No.248 Revenue (Endowments.IV.2) Department dated 28.01.2008 and thereby revoking the exemption granted to Sri Sampath Vinayagar Temple, Asilmetta, Visakhapatnam, as illegal and arbitrary and consequently set aside the same and direct the 1st respondent to exempt Sri Sampath Vinayagar Temple, Asilmetta, Visakhapatnam, from the operation of provisions of Section 15 and 29 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987. On 23.04.2008 when the matter was taken up for hearing, this Court directed the Government Pleader for Endowments to get instructions. On instructions, the Government Pleader for Endowments submitted that pursuant to the order of the 1st respondent dated 17.04.2008 the Deputy Commissioner of Endowments was directed to take charge of the administration of Sri Sampath Vinayagar temple, Asilmetta, Visakhapatnam and accordingly he assumed the office as an Executive Officer of the said temple. In the circumstances, it is open to the petitioner to approach the 1st respondent-Government of A.P. and file an application seeking review of the order dated 17.04.2008 within two weeks from the date of receipt of a copy of this order and on such application being filed, the 1st respondent may pass appropriate orders as provided for under Section 94 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 within a period of four weeks thereafter. No further action like appointing Trust Board shall be taken till the review application is decided, if filed. The writ petition is accordingly disposed of. No costs. ____________________________ (GOPALA KRISHNA TAMADA, J) 02-05-2008 Gsn.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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