Bhaskar Puntambekar v. The Commissioenr Of Endowments

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.24089 of 2009 ORDER:

The petitioner is the member of founder family of Sri Kalikadevi Temple, Uppuguda, Hyderabad. The petitioner challenges proceedings Rc.No.D3/43700/09, dated 14-10-2009, whereunder 1st respondent has appointed and kept executive officers in-charge of various temples including Sri Kalikadevi Temple.

The case of petitioner is that the Temple is being administrated and looked after by the founder family. The income of the Temple is less than Rs.2,00,000/- per annum. It is for the first time, the Executive Officer is kept in-charge to administer the affairs of the Temple. The legal objection made out is the proceedings by themselves do not disclose the reasons for keeping any Executive Officer in-charge of the subject Temple as well no opportunity was given and the proceedings are reflecting monotonous reasoning, the same is liable to be set aside. This Court on 13-11-2009 directed parties to maintain status-quo and the said order is in force.

The counsel appearing for the petitioner as well as respondents 1 to 3 tried to bring home their respective contentions but having regard to the nature of disposal, this court intends not to give consideration of these submissions by resulting to expressing one view or the other. One of the objections of the petitioner is that without notice or affording opportunity, the

proceedings impugned in the writ petition is passed by the respondents.

Learned Government Pleader with a view to give quietus to the objection raised in the writ petition submits that the impugned proceeding can be treated as notice, reasonable time can be given to petitioner for submitting explanation, the respondents will consider the totality of circumstances and pass appropriate orders in accordance with law.

The statement of learned Government Pleader is placed on record.

The writ petition is disposed of by this order. The status-quo order dated 13-11-2009 is directed to be maintained by parties till the following steps are completed.

The petitioner is given four weeks time from the date of receipt of a copy of this order to submit explanation to the proposed action of 1st respondent in appointing Executive Officer to subject Temple. The 1st respondent is directed to consider and dispose of the explanation in accordance with law within a further period of eight weeks.

Till a decision is taken and communicated to petitioner, status-quo order shall be in operation. Accordingly, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition

shall stand closed.

_____________ S. V. BHATT, J Dt: 05-07-2016 Prv THE HON'BLE SRI JUSTICE S.V.BHATT

WRIT PETITION No.24089 of 2009 05-07-2016 Prv