IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.636 of 2005 Date: 11th November, 2010 Between: Somayappa Swamy, Matadipathi/Mahant. .. Petitioner And The Regional Joint Commissioner of Endowments, MZ-III, Tilak Road, Abids, Hyderabad and others. .. Respondents THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.636 of 2005 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the first respondent in issuing proceedings No.A/1060/2004 dated 15.1.2005 entertaining the representation filed by respondents 3 and 4 and contemplating to conduct an enquiry as arbitrary and illegal. According to the petitioner, the matter involves disputed questions of law and nature and character of the Institution and such questions can be decided only by the Endowments Tribunal constituted for the purpose, but not by the Regional Joint Commissioner, Endowments. In fact, while ordering notice before admission on 24.1.2005, this Court passed the following order: “Prima facie, the first respondent did not indicate any provision, under which the proposed enquiry is sought to be taken up. Further, the petitioner has already been accorded permission by the competent authority and way back on 6.8.2004, the Assistant Commissioner of Endowments addressed letter to the Mahankali Police Station, to accord necessary protection in the matter of construction of the premises. Hence, there shall be interim stay of further proceedings in pursuance of the impugned notice for a period of three weeks”. On filing vacate stay petition, the said order was made absolute by order dated 16.8.2005, which reads as under: “The petitioner assails the action of the first respondent in conducting enquiry into the construction activity undertaken by the petitioner-Math. When the question arises as to whether particular piece of property belongs to a Charitable Trust or not, the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, confers power on the Deputy Commissioner, Endowments, and prima facie the Regional Joint Commissioner has no such power. Therefore, the interim order passed by this Court in W.P.M.P.No.871 of 2005 in W.P.No.636 of 2005 dated 21.2.2005 is made absolute”. Since the Tribunal is constituted for the purpose of deciding disputed questions of facts and nature and character of the Institution, the Respondents may, if so advised, file such petition before the Endowments Tribunal. Since the Regional Joint Commissioner, Endowments has no power, the impugned order is liable to be set aside. Accordingly, the writ petition is allowed and the impugned order is set aside. No order as to costs. ______________ C.V.RAMULU, J Date: 11.11.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.636 of 2005 11.11.2010