THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.27599 of 2009 ORDER: Heard Sri M. Vidyasagar, Learned Counsel for the petitioners, Learned Government Pleader for Endowments appearing for the 1st respondent, Sri P. Vinod Lal, Learned Counsel appearing for the 2nd respondent and Sri S. Niranjan Reddy, Learned Counsel appearing for the 3rd respondent. At their request, the Writ Petition is being disposed of at the stage of admission. O.A. No.63 of 2007 was filed by the 2nd respondent herein under Section 87 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987), to declare the property of the trust as endowment property. The said O.A. was dismissed by order dated 02.02.2008 on the ground that the 2nd respondent was absent on several occasions and had failed to contest the case. The 2nd respondent herein filed an application to reopen the matter and the Deputy Commissioner, Endowments, by order dated 26.07.2008, noted that the 2nd respondent was called absent on 18 occasions starting from 25.07.2007; the reasons mentioned in the application were not convincing; even on the date of the order the 2nd respondent was absent; and there was no reason to allow the I.A. The I.A. was, accordingly, dismissed. Aggrieved thereby, another application was filed to restore the I.A. filed earlier for reopening the O.A. The Deputy Commissioner, curiously, without even putting the petitioner and the other respondents on notice, allowed the I.A. and posted the matter to 07.03.2009. While Sri M. Vidyasagar, Learned Counsel for the petitioners, would raise several grounds in challenge to the order dated 20.12.2008 including that the Deputy Commissioner lacked jurisdiction to pass the order, it is wholly unnecessary for this Court to examine any of these contentions in as much as the impugned order is liable to be set aside on the short ground that, before restoring the impugned I.A., the Deputy Commissioner neither put the petitioner and other respondents on notice nor were they given an opportunity of being heard. The impugned order is, accordingly, set aside and the matter is remanded back to the Deputy Commissioner for his consideration afresh. The Deputy Commissioner shall, after putting all the parties to the O.A. and I.A. on notice, and after giving them an opportunity of being heard, pass orders afresh in the I.A. within a period of two months from the date of receipt of a copy of this order. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. Date: 23.03.2010 ___________________________ RAMESH RANGANATHAN, J USD/MRKR