IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 10594 of 2008 Between: 1 Rayala Venkateswara Rao, S/o. Ramasesaiah, R/o. Ratnalakunta(V), Rayanapalem (P), Pedavegi(M), West Godavari Dist., 2 Avirineni Srikanth, S/o. Nageswara Rao, R/o. Ratnalakunta(V), Rayanapalem (P), Pedavegi(M), West Godavari Dist., ..... PETITIONER(S) AND 1 The Govt., of AP Revenue(Endts.Department) Rep by its Principal Secretary, AP Hyderabad. 2 The Commissioner of Endowments Dept., Govt of A.P., Hyderabad. 3 The Regional Joint Commissioner, Endwoments Dept., Multizone-I, Kakinada, East Godavari Dist., 4 Sri Rathnalamma Ammavari Temple, Rep by its Manager,Ratnalakunta Village, Pedavegi Mandal, West Godavari District. 5 The Chairman, The Trust Board of Sri Ratnalamma Ammavari Temple, Ratnalakunta Village, Pedavegi Mandal, West Godavari District. .....RESPONDENT(S) 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 writ, order or direction more in the nature of mandamus or any other appropriate Writ declaring the impugned Proceedings in D.Dis No.A2/1379/08 dated 01.03.2008 of the 3rd Respondent in permitting the 4th and 5th Respondents to dismantle Sri Ratnalamma Ammaavari Temple, Ratnalakunta Village,Pedavegi Mandal, West Godavari District, and not passing any appropriate orders in the said representation of the Petitioners dt.24.04.2008 as illegal, arbitrary , contrary to law and consequentially to set aside the impugned Proceedings of the 3rd Respondent dt.01.03.2008. Counsel for the Petitioners : MR. K.ANANDA RAO Counsel for the Respondents : GP FOR ENDOWMENTS The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.10594 OF 2008 ORDER: This writ petition is filed seeking a declaration that the order passed by the 3rd respondent – Regional Joint Commissioner of Endowments - dated 1.3.2008 granting permission to dismantle Sri Ratnalamma Temple at Ratnalakunta Village, Pedavegi Mandal, West Godavari District as arbitrary and illegal. The petitioners herein claim to be the residents of the said village who are interested in the maintenance of the temple. According to the petitioners, the dismantling of the temple is unwarranted and it is contended the decision taken by the Trust Board without inviting views of the public is arbitrary and illegal. It is also stated that the petitioners as well as the other devotees made a representation dated 24.4.2008 requesting the Commissioner to look into the matter and take appropriate action. Alleging that their representation has not been considered and in the meanwhile the respondents 4 and 5 have been taking steps to commence the dismantling process, the present writ petition has been filed. This Court while directing notice by order dated 7.5.2008 granted stay of demolition of the temple and the same continued to be in operation all through. Though no counter-affidavit is filed by the Commissioner of Endowments, a counter-affidavit has been filed by the Manager of the 4th respondent temple stating that the Regional Joint Commissioner, who is the competent authority, accorded permission to dismantle the temple for reconstruction. Some of the donors have donated about Rs.10 lakhs for reconstruction and there is no proposal to change the Peetham of Deity or Garbhalayam in the process of reconstruction and therefore the apprehensions expressed by the petitioners are without any basis. Heard both sides. The controversy involved requires enquiry after giving a reasonable opportunity to both parties to substantiate their rival claims. Such an exercise cannot be undertaken by this Court in exercise of writ jurisdiction under Article 226 of the Constitution of India. Admittedly, the petitioners made a representation dated 24.4.2008 and the same is pending before the Commissioner of Endowments who is competent to exercise the power of general superintendence and administrative control over all the charitable and religious institutions. In the circumstances, I deem it appropriate to dispose of the Writ Petition with a direction to the 2nd respondent – Commissioner of Endowments - to consider the representation of the petitioners dated 24.04.2008 and pass appropriate orders in accordance with law and after hearing the petitioners as well as the respondents 4 and 5 and pass appropriate orders as expeditiously as possible preferably within a period of two weeks from the date of receipt of this order. Till such time, the impugned order dated 1.3.2008 shall not be given effect to. No costs. ______________ G. ROHINI, J. Dt. 19.02.2009 gbs