JAGANNATHDWARA MUTT Vs. COMMISSIONER, ENDOWMENTS DEPARTMENT

JUDGEMENT

(1.) Order dated 12.02.1996 in O.A. No. 52 of 1993 was passed by the 2nd respondent Deputy Commissioner, Endowments, on an Application made by the 6th respondent seeking to declare Sri Ramakrishna Hanuman Temple (hereinafter referred to as Hanuman Temple) situated at Champa Darwaza as an independent institution having its own status and not as a sub-institution of Sri Jagannathdwara Mutt, Begum Bazar, Hyderabad (hereinafter referred to as Jagannath Mutt). Likewise, proceedings No. E/356/99, dated 12.03.1999 was issued recognizing the 6th respondent as founder and the 7th respondent (impleaded as per order in I.A.No. 1 of 2018) as member of the founders family of Sri Ramakrishna Hanuman Temple, Champa Darwaza, for the purpose of managing the said temple in accordance with the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as the Act). Challenging the above two orders, a writ of certiorari is prayed for with a further consequential direction to the respondents to decide the disputes by impleading the petitioner as one of the respondents and to hold enquiry afresh. Pending disposal of the Writ Petition, suspension of the above two proceedings is sought.

(2.) At the outset, it may be noted that initially, the Writ Petition was filed in the name of Mahant Jaidev Das Khaki, a disciple of Mahant Vasudev Das Khaki and thereafter, the cause-title was amended to read as Jagannathdwara Mutt, Begum Bazaar, represented by its Mahant Jaidev Das Khaki. As the writ petition was filed in the name of Mahant Jaidev Das Khaki, in his individual capacity, in the entire writ affidavit, the deponent of the writ affidavit was referred to as the petitioner, on account of which, there is a bit of confusion with respect to the relief sought by the petitioner after insertion of Jagannathdwara Mutt, Begum Bazaar as the writ petitioner. For the purpose of disposal of the Writ Petition, Jagannathdwara Mutt, Begum Bazaar is treated as the petitioner and the deponent of the affidavit would be referred to as Mahant Jaidev Das Khaki.

(3.) The brief facts, as pleaded by the deponent of the writ affidavit, can be summarized as under: