Rama Krishna Soni v. The Commissioner, Endowment Department, Tilak Road

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.19274 of 2007 ORDER:

The writ petition is filed seeking a writ of mandamus declaring the inaction of the respondents for not constituting Board of Trustee of Jagdish Mandir, Oonta Maidan, Shah Ali Banda, Hyderabad, in view of the notification of the second respondent in File No.E/2306/2005, dated 27.10.2005 and also application made before the respondents on 14.11.2005 and also the legal notice dated 21.08.2007 including for removal of respondent No.3 from the post of Mahantship and declare the same as illegal and arbitrary.

The learned counsel for the petitioner submits though the application for constitution of Board of Trustees proposing the names for the Temple Trust Committee, including the name of the petitioner, was made before the first respondent long back in 2005, the first respondent has not passed any orders on the said representation.

The second respondent has admitted in the counter affidavit that though the application for constitution of Board of Trustees proposing the names for the Temple Trust Committee was received, they have not passed any order as the power of constituting the Trust Board to the temple has been entrusted to the Deputy Commissioner, Endowments Department, Hyderabad, in view of the amendment made to the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act.

In view of the admission made by the second respondent that they have received the application for constitution of the Board of Trustees in Jagdish Mandir, Oonta Maidan, Shah Ali Banda, Hyderabad, the writ petition is disposed of directing the respondents to pass appropriate orders on the representation dated 11.11.2005, which was received by the office of the first respondent on 14.11.2005, within a period of three months from the date of receipt of copy of this order, in accordance with law.

The writ petition is accordingly disposed of. No costs. Consequently, the miscellaneous petitions, if any shall also stand disposed of.

_____________________ JUSTICE RAJA ELANGO 02.04.2015 pln