EXECUTIVE OFFICER GROUP TEMPLES Vs. SAKHIYA MATT

JUDGEMENT

(1.) The petitioner-an Executive Officer, Group Temples, Srikakulam, Srikakulam District, filed this revision under Section 115 of the Code of Civil Procedure, 1908, inter alia, seeking to assail the order dated 15.02.2007 in C.M.A. No. 30 of 2004 on the file of the District Judge, Srikakulam, passed against the order dated 18.06.2002 in O.A. No. 136 of 1992 on the file of the Deputy Commissioner, Kakinada, in dismissing the petition filed under Section 87 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 {"the Act" for brevity}, for declaration that the Sakhiya Mutt where Anjaneya Swamy temple is situated in Survey No. 316/4 corresponding T.S. No. 639 of China Bondilipuram, Srikakulam, Srikakulam District, as a private temple intended for worship.

(2.) The facts, in brief, which are necessary for disposal of this revision, are that in the said application filed by the respondent herein under Section 87(c) of the Act, he sought a declaration and the same was contested by the petitioner herein denying all private proprietary rights but only as a public temple. Initially, after holding an enquiry where both the sides adduced evidence, the Deputy Commissioner did not find favour with the claim of the petitioner and dismissed the same, holding that it is only a public temple. As against the said order, the respondent filed an appeal before the District Judge, Srikakulam, purportedly under the very same provision assailing the correctness of the said order. After hearing both the sides, the said appeal was allowed by the learned District Judge, Srikakulam, as per the order dated 15.02.2007. Against this order, the petitioner preferred the present revision.

(3.) Sri V.T.M. Prasad, learned Standing Counsel for the petitioner, without canvassing on the merits, raised a preliminary objection as to the very maintainability of the appeal filed before the District Judge, Srikakulam. He contended that having regard to the provisions as contained under Act, 1987, the appeal lies only to this Court but not to the District Court. Earlier, the appeals lay to the District Courts but not now; hence, they could not be entertained by the District Courts.