IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 7011 OF 2008 BETWEEN Tangirala Venkateswara Reddy ... PETITIONER AND The Regional Joint Commissioner, Multi Zone-II Endowments Department, Tirupathi, Chittoor District and Others ...RESPONDENTS The Court made the following: ORDER: The dispute between the petitioner and the fourth respondent is as to the right to perform Gajavahanosthavam Ubayam during the Brahmotsavam festival of Sri Lakshmi Chennakesava Swamy Temple, Markapur, Prakasam District. 2. By order dated 08-01-2008, the Regional Joint Commissioner, Endowments Department, Chittoor district accorded the Ubayam to the fourth respondent herein subject to certain conditions. Aggrieved thereby, the petitioner filed the present writ petition. 3. This Court, by order dated 21-04-2008, permitted the petitioner and the fourth respondent to jointly perform the Gajavahanosthavam Ubayam during the Brahmotsavam festival conducted in April, 2008. Similar orders were passed on 15-04-2009 and 01-04-2010 for the Gajavahanosthavam Ubayam during the Brahmotsavam festival of 2009 and 2010 respectively. 4. It is not in dispute that after the temple management introduced the system of Ubhayadata, allowing a donor to bear the expenses of the ubhayam, the petitioner acted as the Ubhayadata for 20 years continuously. During the Brahmotsavam festival of 2005, the Gajavahanam was found to be totally damaged and the petitioner was asked to undertake repairs to make it fit for the Utsavam. The petitioner claims to have incurred heavy expenditure in this regard. However, the Executive Officer of the temple in his counter disputed the same. While so, the fourth respondent herein submitted an application for appointment as Ubhayadata of the temple to perform the Gajavahanosthavam Ubayam and aggrieved by the inaction of the authorities thereon, he filed WP.No.14630 of 2006 before this Court. The said writ petition was disposed of by order dated 10-04-2007 directing the Regional Joint Commissioner, Tirupathi, Chittoor district to pass appropriate orders on the said application in accordance with law. Pertinent to note, the petitioner was a party to this case. In consequence, the fourth respondent came to be accorded the Gajavahanosthavam Ubayam under the impugned proceedings dated 08-01-2008. 4. The sequence of events aforestated clearly demonstrate that there is a rival claim by the petitioner and the fourth respondent for the honour of performing the Gajavahanosthavam Ubayam during the Brahmotsavam festival every year in Sri Lakshmi Chennakesava Swamy Temple, Markapur, Prakasam District. 5. By its very nature, the dispute is not amenable to resolution by this Court in exercise of writ jurisdiction. Pertinent to note, Section 87(1) (e) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, empowers the Endowment Tribunal having jurisdiction to enquire and decide any dispute as to whether any person is entitled by custom or otherwise to any honour, emoluments or perquisites in any religious institution. It would therefore be more appropriate for the parties to resolve the issue through the aegis of the Endowments Tribunal under the above provision. The writ petition is accordingly disposed of leaving it open to the petitioner to approach the concerned Endowments Tribunal under Section 87 (1)(e) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 and upon such application being presented, the said Tribunal shall enquire into the matter after giving due opportunity of hearing to all the parties concerned and decide the dispute. This exercise shall be completed within four months from the date of receipt of the application by the Tribunal under Section 87(1)(e) of the Act. Meanwhile, the interim arrangements made during the pendency of the matter before this Court, permitting both the petitioner and the fourth respondent to perform the Gajavahanosthavam Ubayam in the Temple during the Brahmotsavam festival shall continue. In the circumstances, there shall be no order as to costs. ______________ SANJAY KUMAR, J February 21, 2011 SP/ISL THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 7011 OF 2008 Dated: February 21, 2011