ASSISTANT COMMISSIONER, ENDOWMENT DEPART. Vs. KUDUPUDI GEETHA GANGA

JUDGEMENT

(1.) This Writ Appeal is filed under Clause 15 of the Letters Patent against the common order dtd. 24/8/2021 passed by the learned single Judge in W.P.No.10004 of 2021 and batch, insofar as it pertains to W.P.No.9744 of 2021, whereby the said writ petition was disposed of while remanding the matter to the Endowments Tribunal for fresh disposal in accordance with the law.

(2.) The facts of the case, in brief, are that the respondent/writ petitioner is a member of the family of Archakas of the Temple and she is in possession and enjoyment of the subject land, whereas the appellants herein filed O.A.No.498 of 2019 before the Andhra Pradesh Endowments Tribunal, Amaravathi at Pedakakani (V & M), Guntur District, for removal of encroachments treating the respondent as encroacher, as the property is belonging to the Temple. During pendency of the O.A., I.A.No.1095 of 2019 was disposed of on 23/3/2021, directing the respondent therein to pay an amount of Rs.1500.00 per month towards damages.

(3.) The learned single Judge held that the order impugned in the writ petition was passed by a Member of the Endowments Tribunal, who was placed as Full Additional Charge and not a regular Member, and thereby, the Endowments Tribunal was not properly constituted in terms of Sec. 162 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, and disposal of interlocutory application, recording a finding that the writ petitioner is an encroacher, is amounting to deciding the main O.A., accordingly, set-aside the said impugned order on various grounds and remanded the matter to the Endowments Tribunal for fresh disposal in accordance with law.