IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11819 of 2008 Between: Sri Surya Bhagawan Hanuman Temple Devotees Association rep. by its General Secretary, V.Mallesh S/o. late Yedaiah R/o. H.No.3-4-149, Lingampally, Kachiguda, Hyderabad - 500 027. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by Commissioner for Endowments, Boggulkunta, Hyderabad. 2 The Deputy Commissioner of Endowments, Government of Andhra Pradesh, Hyderabad. 3 The Assistant Commissioner of Endowments, Government of Andhra Pradesh, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction(s) essentially in the nature of Writ of Mandamus directing the 2nd Respondent herein to entertain the original application of the Petitioner Association under Section 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 1987 and to pass appropriate orders including any interim measure to be taken pending disposal of the main Petition, and pass any such other order or orders. Counsel for the Petitioner: MR.P.R.PRASAD Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following : ORAL ORDER: This writ petition is filed seeking a Mandamus directing the Deputy Commissioner of Endowments-the second respondent herein to entertain the original application filed by the petitioner under Section 87 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act 1987 (for short ‘the Act’) and pass appropriate orders in accordance with law. It is stated in the affidavit filed in support of the writ petition that the petitioner-Association is a registered society under the A.P. Societies Registration Act, 2001 for the purpose of organizing festivals and religious functions in Hanumanji Mahadevji Temple situated at Lingampalli, Kachiguda. It is alleged that one G. Ranga Reddy is falsely claiming title over the temple property and having regard to the dispute raised by him, the petitioner-association made an application dated 18.04.2008 before the second respondent under Section 87 of the Act seeking a declaration that the property in question is an endowment property belonging to the temple. However, the second respondent refused to entertain the same on the ground that the Endowments Tribunal, as provided under sub-section (1) of Section 87 of the Act has not been constituted. Hence this writ petition. When the matter is taken up for consideration, the learned Government Pleader for Endowments has brought to the notice of this Court that Section 87 of the Act was amended by Act 33 of 2007 with effect from 03.01.2008 by inserting sub-section (5), which provides that the Deputy Commissioner having jurisdiction shall continue to enquire into and decide the disputes referred to in sub-section (1) of Section 87 until the constitution of Endowments Tribunal. In view of sub-section (5) of Section 87 of the Act, as inserted by Act 33 of 2007, I am of the opinion that the second respondent is bound to entertain the application filed by the petitioner-society and if it is found that a dispute as provided under sub-section (1) of Section 87 is raised, appropriate orders shall be passed after conducting necessary enquiry. Since the dispute raised by the petitioner-association is with regard to the title of the property in question in respect of which Sri G. Ranga Reddy, who was arrayed as first respondent in the Original Application filed by the petitioner-association, made a specific claim, it is made clear that the second respondent shall proceed with the enquiry only after notice to the said G. Ranga Reddy. Accordingly, without expressing any opinion on merits, the writ petition is disposed of with a direction to the second respondent to entertain the petition filed by the petitioner- association and pass appropriate orders in accordance with law after giving an opportunity to all the parties concerned. No costs. ____________ (G. Rohini, J.) 23rd June, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner for Endowments, Government of Andhra Pradesh, Boggulkunta, Hyderabad. 2 The Deputy Commissioner of Endowments, Government of Andhra Pradesh, Hyderabad. 3 The Assistant Commissioner of Endowments, Government of Andhra Pradesh, Hyderabad. 4 2 CCs to G.P. for Endowments, High Court of A.P. Hyderabad.(OUT) 5 2 CD copies. Form-NIC-OGS/WP{KURR}