IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.5732 OF 2007 Between : Sri Subramania Samajam .... PETITIONER A N D The Commissioner of Endowments and others. … RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NO.5732 OF 2007 O R D E R: This Civil Revision Petition, under Section 91(II) of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act 1987, is directed against the order, dated 07.11.2007, in C.M.A.No.14 of 2005 on the file of the Chief Judge, City Civil Court, Hyderabad, whereunder and whereby, the order passed by the Commissioner of Endowments in Dis.No.H1/52032/2004, dated 06.12.2004, rejecting the order passed by the Deputy Commissioner of Endowments, Hyderabad, in O.A.No.87 of 2002, dated 25.10.2004 was confirmed. 2. Heard. 3. The grievance of the petitioner is that without giving an opportunity to the petitioner, the Commissioner of Endowments by its order in Dis.No.H1/52032/2004, dated 06.12.2004 rejected the order passed by the Deputy Commissioner in O.A.No.87 of 2002, dated 25.10.2004. As against the said order of the Commissioner, the petitioner has preferred C.M.A.No.14 of 2005 before the Chief Judge, City Civil Court, Hyderabad, and the lower appellate Court through the impugned order, dated 07.11.2007 has confirmed the orders passed by the Commissioner of Endowments. Hence, Civil Revision Petition. 4. Learned counsel for the petitioner contended that the subject institution in question is a private institution, but it was wrongly included in the Register of Endowments in the year 1973; that the evidence adduced by the petitioner before the Deputy Commissioner of Endowments would clearly go to show that the subject institution is a private institution; that without giving any opportunity to the petitioner, the Commissioner of Endowments rejected the order of the Deputy Commissioner of Endowments, dated 25.10.2004 in O.A.No.87 of 2002 and the same has been confirmed by the lower appellate Court and hence, he prays to set aside the impugned order. 5. The order of the Commissioner for Endowments, dated 06.12.2004 is challenged before the Chief Judge, City Civil Court, Hyderabad. As seen from the said order, it does not indicate giving of any opportunity to the petitioner before passing the said order. Since, the order passed by the Commissioner of Endowments, adversely affecting the rights of the petitioner, the Commissioner of Endowments, ought to have issued notice to the petitioner before taking any decision. Therefore, the principles of natural justice have been violated by the Commissioner of Endowments, because no notice has been ordered before passing the order. This aspect of the case has not been considered by the Chief Judge, City Civil Court, Hyderabad and passed the impugned order. 6. Accordingly, the Civil Revision Petition is allowed setting aside the order, dated 07.11.2007 in C.M.A.No. 14 of 2005 on the file of the Chief Judge, City Civil Court, Hyderabad, and consequently the order in Dis.No.H1/52032/2004 dated 06.12.2001 on the file of the Commissioner, Endowments Department, Andhra Pradesh is set aside and remanding the matter to the Commissioner of Endowments for fresh disposal in accordance with law after giving due opportunity to both the parties. There shall be no order as to costs. _______________ K.C.BHANU, J FEBRUARY 24, 2011. YVL