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 : 10716 of 2008 Between: Smt. Chandrabhaga Bai W/o. Late Satyanarayana R/o. 15-2-195, Maharajgunj, Hyderabad. ..... PETITIONER AND 1 The commissioner of Endowments, Govt. of A.P., Tilak Road, Hyderabad. 2 The Deputy Commissioner of Endowments, Tilak Road, Hyderabad. 3 The Assistant Commissioner of Endowments, Tilak Road, Hyderabad. 4 Sri Venugopal Inani S/o. Late Ram Prasad, R/o. 15-9-57, Maharajgunj, Hyderabad 5 Sri Rameshchandra Jhanwar S/o. Late Suresh Chandra Jhanwar, R/o. Maharajgunj, 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, particularly one in the nature of Writ of Certiorari, call for the entire in Transfer Application No. 2/2008 dated 23-4-2008 from the file of the 1st respondent and quash the same by transferring O.A.19/2003 from the file of the Dy.Commissioner, Endowments. Counsel for the Petitioner: MR.C.B.RAM MOHAN REDDY Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 10716 of 2008 O R D E R: The respondents 4 and 5 herein field O.A.No.19 of 2003 before the Deputy Commissioner of Endowments, Hyderabad under Section 87 (1) (h) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short “the Act”), seeking a declaration that they are the founder family members of Sri Raghunathji temple. The petitioner herein, who was arrayed as one of the respondents, opposed O.A.No.19 of 2003 on various grounds. While the enquiry in O.A.No.19 of 2003 is pending, the petitioner herein filed transfer petition No.2 of 2008 before the first respondent-Commissioner of Endowments under Section 132 of the Act with a prayer to transfer O.A.No.19 of 2003 on the file of the Deputy Commissioner of Hyderabad to any other Deputy Commissioner having jurisdiction alleging that Deputy Commissioner of Endowments, Hyderabad is biased. The said application was dismissed by the first respondent by order dated 23-04-2008 holding that no sufficient grounds are made out to transfer the proceedings. Aggrieved by the same, the present writ petition is filed. This Court, while directing Rule Nisi, by order dated 14-05-2008, stayed the proceedings in O.A.No.19 of 2003 before the second respondent. However, when the matter is taken up for consideration today, it is represented by Sri S.Subba Reddy, learned counsel, who entered appearance on behalf of respondents 4 and 5 that in view of the allegations made by the petitioner, it would be in the interest of justice to transfer the matter to any other Deputy Commissioner and they have no objection for the same. Having regard to the concession made on behalf of the respondents 4 and 5, it is not necessary for this Court to go into the merits of the case. Learned counsel appearing for the petitioner as well as the learned counsel for the respondents 4 and 5 have agreed for transfer of the proceedings to the Deputy Commissioner of Endowments, Visakhapatnam, who is having jurisdiction to try the matter. In the circumstances, the impugned order dated 23-04-2008 is hereby set aside and the writ petition is disposed of with a direction to the first respondent to transfer the proceedings from the file of the second respondent to the Deputy Commissioner of Endowments, Visakhapatnam to make the necessary enquiry and pass appropriate orders following due process of law. With the above direction, the writ petition is disposed of. No costs. ______________ G. ROHINI,J Date: 23-06-2008 KLP