P RAJALINGAM Vs. DEPUTY COMMISSIONER OF ENDOWMENTS HYD

JUDGEMENT

(1.) The petitioner filed OA No. 1 of 1986 under Section 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') before the 1st respondent for a declaration that the property in Premises No.5-3-742 of Sankar Bagh admeasuring 240 square yards, does not belong to Tulja Bhavani Temple and that it is his personal property. After undertaking necessary enquiry and hearing the parties, the 1st respondent formed an opinion and submitted the same to the 2nd respondent for confirmation as required under sub- section (5) of Section 87 of the Act. Through order, dated 25-11-2004, the 2nd respondent refused to confirm the decision of the 1st respondent. The petitioner states that he intends to avail the remedy of appeal under Section 88 of the Act and for that purpose, a copy of the order dated 26.4.2000 passed by the 1st respondent in OA No.l of 1986 is necessary. He contends that though he submitted an application in this regard, the same was not complied with. Therefore, he seeks a declaration that the refusal to furnish the certified copy of the same is illegal and arbitrary.

(2.) Heard learned Counsel for the petitioner and learned Government Pleader for Endowments.

(3.) The relief claimed by the petitioner, basically appears to be innocuous and normally this Court should not find any difficulty in acceding to the request of the petitioner. However, there are certain basic questions, which need to be dealt with.