Chinna Devanna, v. The State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTY SIXTH DAY OF OCTOBER TWO THOUSAND AND FIFTEEN

Present

Between:

Chinna Devanna, S/o. V. Dubbanna, Age 45 years, Occ: Trustee of Sri Krishna Swamy Temple, R/o. Saddalonipally Village, Maldakal Mandal, Mahabubnagar District.

.. Petitioner AND The State of Telangana, Rep. by its Prl. Secretary, Revenue (Endowments-I) Department, Secretariat, Hyderabad & 3 others ..

Respondents The Court made the following:

ORDER:

The petitioner is Chairman of the Trust Board of Sri Krishna Swamy Temple (3rd respondent temple). The petitioner challenges the order of the Deputy Commissioner, Endowments Department, Hyderabad (2nd respondent), dated 01.09.2015, suspending him from the Office of Chairman.

2. When the matter is taken up, learned Government Pleader submits that against an order of the Deputy Commissioner (2nd respondent) under Section 28 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, 'the Act 30 of 1987), an appeal shall lie to the Commissioner under Section 90(1) of the Act 30 of 1987 and the writ petition is filed without exhausting the remedy of appeal.

3. In the affidavit filed in support of the writ petition, the petitioner has not assigned any reasons for not availing the remedy of appeal and instituting the writ petition directly. Having regard to the fact that a remedy of appeal is provided under Section 90(1) of the Act 30 of 1987, which is an effective and efficacious alternative remedy, the writ petition is not maintainable.

4. Accordingly, the Writ Petition is dismissed, leaving it open to the petitioner to avail the remedy of appeal as available in law. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_________________ P.NAVEEN RAO, J Date: 26th October, 2015 KL

Date: 26th October, 2015 KL