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High Court for State of TelanganaWP/23478/2007dismissed as infructuous

T.R.Balasubrahmanya Sarma, v. The Deputy Commissioner Of Endowments,

2017-09-21M.S.K.Jaiswal2 pages

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL W.P.No.23478 of 2007

ORDER

This writ petition is filed challenging the interim order dated 27.10.2007 passed by the Deputy Commissioner of Endowments, Warangal in Order No.148 in O.A.No.40 of 2007 appointing the 4th respondent as Custodian to the 2nd respondent temple.

2.

This Court, by order dated 06.11.2007, suspended the order impugned.

3.

When the matter is taken up for hearing, learned counsel for petitioner submits that pursuant to the constitution of the Tribunal, O.A.No.40 of 2007 was re-numbered as O.A.No.928 of 2011 on the file of A.P. Endowments Tribunal, Hyderabad, and that during pendency of the present writ petition, the said O.A. was disposed of on 30.08.2013 by observing as under:

"As the original petition (taken up letter dated 08.01.2007 of one M. Pradeep Singh and Yadagiri to Dy.Commissioner) claim is that the temple was constructed with public funds and they were going to handover to the Department, there practically no need to adjudicate as a disputed claim for department to take over, subject to the rights of one Sri T.R.Bala Suramanyam (O.A. 2nd respondent). Not the petitioners filed the joint memo along with the said T.R.Bala Subramanyam (O.A.2nd respondent) to withdraw the O.A. claim and thereby the memo is recorded for no objections filed by the Assistant Commissioner of Endowments, Warangal till date, however by making clear that the recording of memo does not effect rights of the endowments department to proceed according to law if at all any action required against the temple to bring it within its fold under Section 6 of the Act and the like with due process There is no order as to costs".

MSKJ,J W.P.No.23478 of 2007 4.

Since the main O.A. itself was disposed of by the Tribunal on 30.08.2013, the cause in the writ petition does not survive for adjudication.

5.

Hence, the Writ Petition is dismissed as infructuous. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed.

________________ M.S.K.JAISWAL,J 21st September, 2017 sj