HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.1252 OF 2002 Dt.13.8.2010 Between: Sri Pedda Mutt, Kanduru Village, Somala Mandal, Chittoor District, rep. By its Trustee ..Petitioner And The State of Andhra Pradesh, rep. by the Principal Secretary, Revenue Dept., Endowments Branch, Hyderabad and others ..Respondents HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.1252 OF 2002 ORDER: Petitioner questions the order of the Commissioner, Endowments Department, Andhra Pradesh, Hyderabad, in Rc.No.G3/46606/2001-24, dated 31.8.2001, made in exercise of powers vested under Section 29(5)(d) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act (Act 30 of 1987) authorizing the 3rd respondent to exercise his powers and perform the functions and discharge the duties of an Executive Officer in respect of Sri Pedda Mutt, Kanduru Village, Somala Mandal, Chittoor District, by taking charge from the petitioner herein, who is said to have been Truestee of the said Mutt. A counter has been filed disputing the said averments made in the writ petition and in the last para of the counter it is stated since the 3rd respondent was not permitted to take charge and since the groups were withdrawn in the year 2002, the 3rd respondent was thereafter appointed as Manager of Punganoor Group Temples on 31.3.2003 and he is not working as Person in Management at the petitioner Mutt and as on today the 3rd respondent is working as Senior Assistant in the establishment of Sri Durgamma Temple, Chittoor from 11.6.2007. Therefore, I am of the opinion that the cause in the writ petition does not survive and the writ petition is dismissed as infructuous with liberty to the petitioner to question the action of the Department as and when it is necessary. The writ petition is accordingly dismissed as infructuous with liberty to the petitioner to question the action of the Department. There shall be no order as to costs. ________________ V.ESWARAIAH, J. 13.8.2010 kpr