SAMMATA VENKATESWARLU Vs. SAJJA VENKATESWARLU

JUDGEMENT

(1.) The Short point that arises for consideration in this Revision Case is whether it is open to as aggrieved party to question the validity of the order of suspension under Section 87 of the Hindu Religious and Charitable Endowment Act. There is no direct ruling on this point. The case is, therefore, referred to a Bench.

(2.) In pursuance of the above order, the Revision and W.P. coming on for hearing before this Bench, the Court delivered the following

(3.) Chandrasekhara Sastry, J. - The petitioner in the Writ Petition and the Criminal Revision case was the managing trustee of Sri Kodanda Ramaswamy. Temple at Avulavaripalem. Tenali Taluk, Guntur District. The Temple is an excepted temple having five hereditary trustees one of whom is the petitioner. In a election held between the five hereditary trustees, the petitioner was elected as managing trustee on 8-12-1961 and he was functioning as such. The 1st respondent in the writ petition is the Deputy Commissioner, H.R. and C.E., (Admn) Department, Vijayawada. By his memo No. A 2/5119/63 (Admn) Date : 6-3-1964, the 1st respondent asked me petitioner to produce the accounts of the temple on or before 19-3-1964 at his office at Vijayawada. It is alleged in the affidavit hied in support of the writ petition that the petitioner was, at the time engaged in attending to the grading an packing of tobacco and that he had sent a reply on 14-3-1964 by registered post to the 1st respondent stating that his work would be over by the end of April 1964 and requesting that a date might be fixed in the month of May for the production of the accounts of the temple. In that letter, the petitioner also stated that he was aware of any prior communication addressed to him. But the Deputy Commissioner, H.R. and C.E., (Adam) Department. (1st respondent), by his order dated 20-3-1964 framed the following charges against the petitioner.