IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 26263 of 2007 Between: Smt.Y.Renuka W/o.Sri Koteswara Rao Sri Mahankali Ammavari Temple, Issapalem, Narasaraopet Mandal, Guntur District. ..... PETITIONER AND The Deputy Commissioner, Endowments Department, Guntur, Guntur District. .....RESPONDENT 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 more particularly one in the nature of Writ of Mandamus declaring the action of the respondent herein keeping the orders of the Assistant Commissioner of Endowments, Guntur in Rc.No.A5/11338/96, dated 19.10.96 in abeyance by an order in Rc.No.B1/1342/97, dated 12.3.1997 by the respondent as illegal, arbitrary, void and against the principles of natural justice and Arts. 14, 16 and 21 of the Constitution of India quash the orders of the respondent issued in Rc.No.B1/1342/97, dated 12.3.1997 and pass such other or further orderor orders. Counsel for the Petitioner:MRS.CH.GANGA KUMARI Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HONOURABLE SRI JUSTICE P.S.NARAYANA W.P.NO. 26263 OF 2007 ORDER: 1. Heard the counsel. 2. This Court ordered notice before admission on 27-12-2007. This writ petition is filed to issue a writ of mandamus declaring the action of the respondent herein keeping the orders of the Assistant Commissioner of Endowments, Guntur in Rc.No.A5/11338/96, dated 19.10.96 in abeyance by an order in Rc.No.B1/1342/97, dated 2.3.1997 by the respondent as illegal, arbitrary, void and against the principles of natural justice and Articles 14, 16 and 21 of the Constitution of India and to quash the orders of the respondent issued in Rc.No.B1/1342/97, dated 2.3.1997 and pass such other suitable orders. 3. The order impugned reads as hereunder. “Office of the Deputy Commissioner, Endowments Department, Guntur. Rc.No. 1342/97, B1, dated 2-3-97. Sub: Endowments Department – Religious Guntur District – Narasaraopet (M) – Issapalem (v) – Sri Mahankali Ammavari Temple – Recognition of Smt. Y. Renuka w/o: Kotehswara Rao as founder trustee – Orders of the Assistant Commissioner, Endowments Department, Guntur – Kept in abeyance – Notice –Issued. Ref:1. Circular No. J5/5288/95 ( Act and Rules), dt. 25-2-96 from the Commissioner, Endowments, Hyderabad. 2. Roc.No. A5/11338/96, dt. 19-10-1996 of the Assistant Commissiner, Endowments, Guntur. *** In exercise of the powers vested in the Deputy Commissioner, under para 4 of the Commissioner’s Circular in the reference 1st cited, the orders passed by the Assistant Commissioner, Endowments Department, Guntur in the reference 2nd cited recognizing Smt. Y. Renuka, w/o: Koteswara Rao as founder trustee of the subject institution is hereby kept in abeyance pending suo-motu enquiry into legality of the decision. The Assistant Commissioner, Endowments, Guntur is requested to send all the connected records to this Office before 30-3-97 pertaining to the decision given by him in the reference 2nd cited, to examine its legality and initiate suo motu action if necessary for modification or annulment of the decision after thorough enquiry as directed by the Commissioner under para 3 of the circular. Sd/- N. Basaveswara Rao, Deputy Commissioner”. 4. The present writ petition is filed after long lapse of about a decade, questioning the impugned proceedings of the year 1997. Be that as it may, it appears the petitioner was recognized as a founder trustee by the Assistant Commissioner of Endowments by order dated 19-10-1996. The said order was kept in abeyance by the subsequent proceedings referred to supra. In the light of facts and circumstances and in the event of enquiry not being completed as on today, let the respondent complete the enquiry and take appropriate decision in this regard within a period of four weeks from the date of receipt of this order. It is also made clear that inasmuch as at present the competent authority is Deputy Commissioner of Endowments, Guntur. If the petitioner is so advised, let the petitioner make appropriate application in this regard to the competent authority and in the event of such application being filed the same to be disposed of in accordance with law. 5. With the above observation, this writ petition is disposed of. No order as to costs. ____________________ Justice P.S. Narayana 25th February, 2008. KM THE HONOURABLE SRI JUSTICE P.S.NARAYANA W.P.NO. 26263 OF 2007 25th February, 2008.