THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL NO.134 OF 2011 19th APRIL, 2011. Between: DESHAVAT RAMULU BAVOJI .. APPELLANT AND THE COMMISSIONER, ENDOWMENTS DEPARTMENT, TILAK ROAD, HYDERABAD AND OTHERS .. RESPONDENTS THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL NO.134 OF 2011 JUDGMENT: (PER THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU) 1. Respondents 6 and 7 having been declared as members of Founder Family of Sri Anjaneya Swamy Temple, Maddi Madugu village, Amrabad Mandal, Mahaboobnagar District (for brevity ‘temple’), consequently Civil Miscellaneous Appeal before this court. Alongside a miscellaneous petition was filed which begot an interim suspension of the impugned order for four weeks vide direction dated 18.10.2008. It was extended on 19.11.2008 till the next date of listing. Further extension was granted on 29.12.2008 which had to be in force till it would come up for orders. Matter was listed on 27.1.2009, but order was not extended, thus the interim direction lived its life by 27.1.2009. 2. Highlighting the fact that the interim suspension was not extended beyond 27.1.2009, respondents 6 and 7 sought the indulgence of the authorities to permit them to function as members of the temple, which was conceded to by the respondent-Commissioner, resultantly a writ petition at the instance of the appellant. A miscellaneous petition was also filed seeking suspension of the order which was granted on 15.12.2010. Thereafter, both WVMP.NO.6079 of 2010 and WPMP.No.39399 of 2010 in W.P.No.30972 of 2010 were disposed of by a common order, fall out being vacation of the interim direction on the ground of appellant’s failure to establish a prima facie case, likelihood of an irreparable injury and balance of convenience, consequently, the writ appeal on hand contending that under Section 8 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for brevity ‘the Act’) the Commissioner could not have authorized the respondents 6 and 7 to act as founder family members. To appreciate the contention order impugned in the writ petition may be noticed: “ “ The attention of the Executive Officer, Sri Anjaneya Swamy Temple, Maddimadugu, Amarabad, Mahaboobnagar is invited to the references cited. He is directed to allow Sri Lotavat Somla and Lotavat Papya to act as Founder Family Member to the subject temple, subject to outcome of W.P. pending in High Court.” 3. A perusal of the order would make it clear that it has to abide by final order in the Civil Miscellaneous Appeal (wrongly mentioned as Writ Petition), which is pending and is scheduled to come up for hearing next week as contended by the learned counsel for the appellant. Contents of the order admit no ambiguity that it is an ad interim arrangement to be in place during the pendency of Civil Miscellaneous Appeal, prima facie, to ensure proper administration of the institution in question, an objective spelt out in Section 8 of the Act. 4. The learned counsel for the appellant also contended that the Commissioner could not have passed the order reproduced herein above because of an interim direction to the contrary. The argument is advanced simply to be rejected because interim direction was not extended beyond 27.1.2009. The learned counsel for the appellant referred to judgment of the Apex Court in PUNJAB & SIND BANK v. ALLAHABAD BANK[1], notwithstanding the fact that even an indepth perusal thereof does not call for exercise of discretionary order to the favour of the appellant, for, there is neither similarity of facts nor of issues raised therein. Viewed thus, appeal is dismissed along with miscellaneous petitions. (VILAS V.AFZULPURKAR,J) (NISAR AHMAD KAKRU, CJ) 19TH APRIL, 2011. Nagesh babu THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL NO.134 OF 2011 JUDGMENT: (PER THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU) 19TH APRIL, 2011. [1] (2006) 4 SCC 780