S T V RAGHUNATHACHARY Vs. COMMISSIONER ENDOWMENTS DEPT

JUDGEMENT

(1.) The petitioner challenges the notice of hearing, dated 27-12-2004 issued by the 2nd respondent. The brief facts that led to the filing of the writ petition may be stated as under:

(2.) The 4th respondent, Executive Officer, Sri Venkateswara Swamy Temple, Gaddi Annaram, Hyderabad, filed OA No. 113 of 1996 before the 2nd respondent, the Deputy Commissioner of Endowments, Hyderabad, under Section 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act (for short 'the Act)', seeking a declaration that the properties mentioned in the application belong to the temple. The petitioner is the sole respondent in that application.

(3.) The proceedings had to cross several hurdles. Ultimately the 2nd respondent passed an order, dated 20-7-2000. Subsection (5) of Section 87 of the Act mandates that the order passed by the 2nd respondent shall not take effect, unless it is confirmed by an order of the 1st respondent. It was in this context that the matter was placed before the I st respondent. Through his order, dated 28.6.2004, the 1st respondent refused to confirm the order of the 2nd respondent. He pointed out certain deficiencies in the matter and directed the 2nd respondent to take necessary steps, such as impleading the Assistant Commissioner of Endowments, Hyderabad etc. In pursuance of the direction of the 1st respondent, the 2nd respondent issued the impugned notice for taking further steps in the matter.