IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 10920 of 2008 Between: Sri Santoshimatha Devasthanam @ Sri Santoshi Rupa Devi Devasthanam (Attached and under the control of Sri Sri Sri Jagathaguru Pushpagiri Shankaracharya Maha Samsthanam) Suryapet Town, Nalgonda District rep by its General Secretary B, Muralidhar S/o Late Sambaiah ..... PETITIONER AND 1 Sri Venkateswara Swami Temple, Suryapet Town, Nalgonda District, rep by its Executive Officer. 2 The Manager, Sri Venkateswara Swamy Temple, Suryapet Town, Endowment Department. 3 The Deputy Commissioner of Endowments, Nalgonda District. 4 The Commissioner, Endowments Department, Tilak Nagar, 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 mandamus declaring the proceedings of 2nd respondent dt 29-4-2008 served on the petitioner on 2-5-2008, purportedly issued the oral instruction of the 3rd respondent dt 28-4- 2008 is highly arbtirary and illegal wholly without jurisdiction and contrary to provisions of A.P. Chaaritable and Hidu Religious Act, 1987 and consequently direct the respondents not to interfere with the maagement and administrative control of the petitioner temple, in any manner inthe interest of justice and pass such other order/s as this Hon'ble Court may deem fit and proper inthe circumstances of the case. Counsel for the Petitioner:MRP.RAJASEKHAR Counsel for the Respondents: CH.SATISH KUMAR,SC FOR ENDOWNMENTS,TELANGA The Court made the following : O R D E R: This writ petition is filed seeking a declaration that the proceedings of the second respondent-Manager, Sri Venkateswara Swamy Temple, Suryapet Town, Endowments Department directing that the management of the petitioner-Devasthanam shall be handed over to the first respondent-Temple is arbitrary and illegal and contrary to the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short “the Act”). Having heard the learned counsel for the petitioner as well as the learned Government Pleader for Endowments and the learned counsel appearing for the first respondent, I am of the opinion that this matter which involves several disputed questions of fact cannot be enquired into and adjudicated in exercise of the extraordinary jurisdiction under Article 226 of the Constitution of India. On the other hand, an efficacious alternative remedy is available to the petitioner under Section 87 of the Act, under which the Deputy Commissioner is empowered to decide various disputes particularly relating to the status of the institutions. Accordingly the writ petition is disposed of granting leave and liberty to the petitioner to work out the alternative remedy available under Section 87 of the Act. However having regard to the facts and circumstances, I deem it appropriate to direct that status quo obtaining as on today as to the management of the petitioner-Devasthanam shall be maintained for a period of four weeks from today. In the meanwhile, it is open to the petitioner to work out the remedy under Section 87 of the Act. No costs. ____________ G. ROHINI, J Dated 9th June, 2008 vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Sri Venkateswara Swami Temple, Suryapet Town, Nalgonda District, rep by its Executive Officer. 2 The Manager, Sri Venkateswara Swamy Temple, Suryapet Town, Endowment Department. 3 The Deputy Commissioner of Endowments, Nalgonda District. 4 The Commissioner, Endowments Department, Tilak Nagar, Hyderabad. 5 2CCs to the G.P for Endowments 6 2CD copies Form-NIC-OGS/WP{TRT}