HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.22718 of 2009 Date: June 21, 2011 Between: Tirumala Educational Trust, Tirumala Hills, Tirupathi, Chittoor District, rep. by its President & Correspondent K.M. Krishnaiah. … Petitioner And 1. The Govt. of A.P., rep. by its Principal Secretary, Endowments Department, Hyderabad & 2 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.22718 of 2009 O R D E R: The notice dated 06.10.2009 issued by the Commissioner, Endowments Department, Andhra Pradesh, in O.A. No.5 of 2009 to the petitioner, Tirumala Educational Trust, Tirumala Hills, Tirupathi, is called in question. The said notice was issued under Section 83 (1) read with Section 118 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987). 2. The challenge of the petitioner trust to the said notice before this Court is on the ground that the Commissioner, Endowments Department, Andhra Pradesh, had no jurisdiction to exercise powers in the matter, as Section 118 of Act 30 of 1987 speaks specifically of the Endowments Tribunal constituted under the Act exercising powers under Sections 83 to 86 thereof. 3. This Court, while admitting the matter on 23.10.2009, granted interim stay of all further proceedings pursuant to the impugned notice. W.V.M.P. No.1432 of 2011 is filed by the Tirumala Tirupathi Devasthanam, the applicant in the O.A. filed before the Commissioner, Endowments Department, Andhra Pradesh, to vacate the said order. 4. With the consent of the counsel, the main writ petition is taken up for disposal. 5. It is not in dispute that the Endowments Tribunal constituted under Section 162 of Act 30 of 1987 is now functioning and the O.A. filed by the Tirumala Tirupathi Devasthanam against the petitioner Trust has to be heard by the said Tribunal in the context of the statutory provisions. 6. The writ petition is accordingly disposed of with a direction to the Commissioner, Endowments Department, Andhra Pradesh, to transfer and transmit the said O.A. to the file of the Endowments Tribunal, Hyderabad, for disposal in accordance with law. Keeping in mind the delay in the processing of the said application, the Endowments Tribunal shall endeavour to dispose of the O.A. expeditiously. No order as to costs. ___________________ SANJAY KUMAR, J Date: June 21, 2011. Note: Issue C.C. in one week. //B.O.// BSB