P RAJA LINGAM Vs. COMMISSIONER OF ENDOWMENTS HYDERABAD

JUDGEMENT

(1.) The Petitioner herein filed in application before the Deputy Commissioner of Endowments under Section 77 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 (hereafter called 'the 1966 Act') (the same provision is ipsiss ima verba as Section 87 in the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereafter called ' the 1987 Act') for a declaration that the property bearing Municipal No. 742/12 (Door No. 5-3-742) does not belong to Tulja Bhavani Temple and that the same is verified from the register of Endowments. The said application being O.A.No. 1 of 1996, was allowed by the Deputy Commissioner of Endowments on 26-4-2000.

(2.) Sub-section (5) of Section 87 of the 1987 Act stipulates that any decision of the Deputy Commissioner under Section 87 (1) of the 1987 Act shall not take effect unless the same is confirmed by an order of the Commissioner. Therefore, the order of the Deputy Commissioner was sent to the Commissioner, who, by the impugned order, remitted back the matter to the Deputy Commissioner for denovo enquiry. This order is assailed in this Writ Petition.

(3.) Learned counsel for the petitioner Sri M. Vidyasagar contends that sub-sec. (5) of Section 87 does not enable the Commissioner to remand the matter of the Deputy Commissioner. The Commissioner, the learned counsel urges, can either confirm the order or reject to confirm the order, but, he cannot remit back the matter to the Deputy Commissioner. The learned Assistant Government Pleader refutes this contention.