C.Dhanunjaya Murthy, v. The State Of Ap.Rep By Its Commissioner Endowments

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.3070 of 2009 ORDER:

This writ petition is filed questioning the proceedings, dated 11.02.2009 issued by the Commissioner, Endowments Department, Government of Andhra Pradesh, Hyderabad, through which, the fourth respondent - Sri Venkateswara Swamy Temple, Pedawaltair, Visakhapatnam, was permitted to be adopted to Sri Sarada Peetham, belonging to Sri Visakha Shanmatha Sthapanacharya Jagadguru Sankaracharya of China Mushidivada Village, Pendurthi Mandal, Visakhapatnam District, for a period of five (5) years, for the purpose of maintenance and administration.

On 13.02.2009, this Court, while admitting the writ petition, granted interim stay for a period of four weeks and thereafter, on 18.03.2009, the same was extended until further orders. Thereafter, WVMP.No.1649 of 2009 came to be filed on 10.06.2009.

On the last occasion, when the matter was listed, there was no representation on behalf of the petitioner. Hence, the matter was directed to be listed under the caption 'For Dismissal'.

CKR, J WP.No.3070 of 2009 Today also, there is no representation on behalf of the petitioner. A perusal of the proceedings impugned discloses that adoption of the fourth respondent temple was only for a period of five years. However, the said proceedings came to be stayed by this Court. In view of the same, it can be said that the relief, which was sought in the writ petition, virtually stands granted. Therefore, on account of passage of time, the cause of action does not survive any longer.

In those circumstances, the writ petition is closed. Miscellaneous Petitions, if any pending, shall stand closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J 2nd AUGUST, 2018.

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