NARAYANADOSS MAHANT Vs. T NEELADRI RAO

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for the issue of a writ of certiorari or any other appropriate writ or direction to quash two notifications issued by the Government of Andhra under the Commissions of Inquiry Act, 1952, (hereinafter referred to as the Act). The petitioner is the mahant of Sri Hathiramjee Mutta, Tirupathi. The first respondent, Sri T. Neeladri Rao Naidu, is the Special Officer, Hindu Religious and Charitahle Trusts. Andhra State at Masuli-patam, and the second respondent is the Secretary to the Law Department, Government of Andhra.

(2.) The facts leading upto this writ petition may he briefly stated: In exercise of the powers conferred by Section 3 of the Act, the Government of Andhra published in the Andhra Gazette dated, 16-9-1954 a notification in the following terms: "G.O.Ms. No, 959, Law (Endowments), 8/09/1954. No. 570. With effect on and from the date of taking charge, Sri T. Neeladri Rao Naidu, B. A., B. L., now acting as temporary Assistant Commissioner, Hindu Religious and Charitable Endowments (Administration) Department, Rajahmundry Division, is appointed as Special Officer to enquire into the alleged widespread mismanagement of properties belonging to Hindu Religious and Charitable Trusts created for public purposes and in particular whether there has been wrongful enjoyment of such properties (including cases of breaches of trust, express or constructive) and to suggest the methods by which the said properties can be recovered and properly administered."

(3.) On the 14th of October 1954, the Andhra Government published another notification in the Andhra Gazette, conferring additional powers on the Special Officer by making all the provisions of Sub-sections (2), (3), (4) and (5) of Section 5 of the Act applicable to him. The notification ran as follows; "G.O.Ms. No. 1053. Law (Endowments), 4/10/1954. No. 601. Whereas in Law Department Notification No. 570 dated 8-9-19,54, published at page 995 of Part I of the Andhra Gazette, dated 16-9-1954, Sri T. Neeladri Rao Naidu, B.A.B.L. was appointed as Special Officer to enquire into the alleged widespread mismanagement of properties belonging to the Hindu Religious and Charitable Trusts created for public purposes and in particular whether there has been wrongful enjoyment of such properties (including cases of breaches of trusts, express or constructive) and to suggest the methods by which the said properties can be recovered and properly administered; "And whereas the Government of Andhra are of opinion that all the provisions of the Commissions of inquiry Act, 1952 (Central Act LX of 1952), should be made applicable to the Special Officer aforesaid: "Now therefore, in exercise of the powers conferred by Section 11 of the said Act, the Governor of Andhra hereby directs that all the provisions of the said Act, shall apply to the Special Officer aforesaid; No. 602. Whereas the Government of Andhra are of opinion that, having regard to the nature of the enquiry to be made and other circumstances of the case, all the provisions of Sub-sections (2), (3), (4) and (5) of Section 5 of the Commissions of Inquiry Act 1952 (Central Act LX of 1952), should be made applicable to the Special Officer mentioned in Law Department Notification No. 601, dated 4-10-1954, published at page. 1117 of Part I of the Andhra Gazette, dated 14-10-1954. Now, therefore, in exercise of the powers conferred by Sub-section (1) of the said Section 5, the Governor of Andhra hereby directs that all the provisions of the said Sub-sections (2), (3), (4) and (5) shall apply to the Special Officer aforesaid."