IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO.549 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 28.05.2008 in W.P.NO.11202 OF 2008 on the ﬁle of the High Court.) Between: 1 B. Gowri Sankara Raju S/o. Late Jogi Jagannadha Raju R/o. D.No. 29-10-8, Lalitha Colony Daba Gardens, Visakhapatnam. 2 B. Butchi Venkata Padmanabha Raju S/o. B.G.S. Raju R/o. D.No. 29-10-8, Lalitha Colony Daba Gardens, Visakhapatnam. 3 B. Jogi Jagannadha Raju S/o. B.G.S. Raju R/o. D.No. 29-10-8, Lalitha Colony Daba Gardens, Visakhapatnam. 4 B. Sita Rama Raju S/o. B.G.S. Raju R/o. D.No. 29-10-8, Lalitha Colony Daba Gardens, Visakhapatnam. 5 B., Varma Babu S/o. B.G.S. Raju R/o. D.No. 29-10-8, Lalitha Colony Daba Gardens, Visakhapatnam. ...APPELLANTS AND 1 The Executive Officer, Sri Kasivisweswara @ Viswanadha Swamy Temple, Simhachalam Uphill, Visakhapatnam District. 2 The Commissioner, A.P. Charitable & Hindu Religious Institutions & Endowments, Hyderabad. 3 The Deputy Commissioner, A.P. Charitable & Hindu Religious Institutions & Endowments, Hyderabad. 4 State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Endowments Department, Secretariat , Saifabad, Hyderabad. ...RESPONDENTS Counsel for the Appellants: MR.D.V.SITARAMAMURTHY Counsel for the Respondents: GP FOR ENDOWMENTS The Court delivered the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE R.KANTHA RAO WRIT APPEAL NO.549 of 2008 JUDGMENT: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard Sri D.V. Sitharam Murthy, learned counsel appearing on behalf of the appellants and the learned Government Pleader for Endowments appearing on behalf of the respondents. At their request, the Writ Appeal itself is taken up for disposal. The appellants are the unsuccessful writ petitioners, who, by way of this appeal, seek to assail the order passed on 28.05.2008 in W.P.No.11202 of 2008 by the learned Single Judge of this Court dismissing the Writ Petition, which was ﬁled challenging the impugned notice in Rc.No.C1/1946/2007 dated 09.04.2008 issued by the ﬁrst respondent under Section 83 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (“the Act” for brevity). The main ground urged on behalf of the appellants is to the eﬀect that having regard to the chequered events and litigation, apart from the fact that the appellants are right in their own way, without any connection whatsoever and as long as there is no prima facie case in their favour, for taking any such action, the issuance of the notice itself is against the rules. On considering the submissions made and taking into consideration the fact that the impugned action is only issuance of show cause notice to which the appellants can as well raise all the objections, which can be considered in the appeal available under law, the learned Single Judge dismissed the Writ Petition. Hence, the appeal. Having considered the submissions made on either side and on perusal of the material available on record, we are of the view that no doubt, the appellants come forth with all their claims and title etc., apart from referring to the earlier litigation, which was in their favour, however, it is submitted that the authority has not satisﬁed as to the existence of prima facie case. Therefore, even though several questions are sought to be raised in respect of right, title and interest of the appellants, however, we entirely accede with the view of the learned Single Judge to the eﬀect that the impugned action is only issuance of show cause notice under Section 83 of the Act and it contemplates to enable the appellants to ﬁle objections in detail in respect of every aspect including title etc., and all such objections necessarily have to be considered and give attention, then only appropriate orders will be passed in accordance with law. In view of the alternate eﬀective remedy available, we do not ﬁnd any justiﬁcation to entertain the Writ, as held by the learned Single Judge. Accordingly, the Writ Appeal is dismissed with liberty to the appellants to ﬁle their objections in detail within a period of two {2} weeks from the date of receipt of a copy of this order. The objections would be given attention and considered, by holding an appropriate enquiry, after giving opportunity and notice. It is needless to mention that till final order is passed, the appellants shall not be disturbed. _________________ (B.PRAKASH RAO, J) ________________ (R.KANTHA RAO, J) 4th September 2008 Note: CC in three days B/O RRB