GOLUKONDA TIRUPATHAYYA Vs. GUDIVADA APPALANAIDU AND ORS.

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution for the issue of a writ of prohibition to prohibit the Deputy Commissioner for Hindu Religious and Charitable Endowments, Masulipatnam (5th Respondent) from proceeding with the enquiry in O. A. No. 174 of 1953 on his file.

(2.) THE Petitioner is the archaka of a temple by name Nookalamma Temple' at Lingampeta, Narasipatnam taluk, Visakhapatnam district. The 1st Respondent is the managing trustee of the temple. Respondents 2, 3 and 4 are brothers of the Petitioner, who claim rights similar to the Petitioner, They are not contesting this petition. The 5th Respondent is the Deputy Commissioner for Hindu Religious and Charitable Endowments, Masulipatnam.

(3.) THE learned Counsel for the Petitioner has submitted that Section 87 of the Act, which is in pari materia -with Section 78 of the Hindu Religious Endowments Act could only apply in respect of admitted endowments. In support of this contention, he relied upon a Bench decision of the Madras High Court in Rangacharyulu v. Venkatanarasimhayya, 1919 1 Mad LJ 200 :, AIR 1949 Mad 897) (A).