Puchalapalli Subba Rao Vs the State of Ap

Ms. Anne Devi Subhashini, learned Standing Counsel for Endowments appearing for the 4^th respondent has placed before the Court, copy of the pamphlets that have been issued by the Temple, wherein it is stated that one Purini Tirupathayya and others of Sambunipalem are the persons who have been doing the said ritual of the Garudaseva. Further submitted that the petitioner as such never participated along with said Purini Tirupathayya. The said Purini Tirupathayya has solely conducted the Garuda Seva, however having regard to the provisions of Section 87 (1) (e) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, which reads as follows:

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“ 87. Power of Endowments Tribunal to decide

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certain disputes and matters:- (1) The Endowments Tribunal having jurisdiction shall have the power, after giving notice in the prescribed manner to the person concerned, to enquire into and decide any dispute as to the question.

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(e) Whether any person is entitled by custom or otherwise to any honor, emoluments or perquisites in any charitable or religious institution or endowment and what the established usage of such institution or endowment is in regard to any other matter.”

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In view of the above provisions of Section 87 (1) (e) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, this Court is not inclined to go into issue whether it was the petitioner or

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someone else, who has been earlier doing the Garuda Seva at the temple, the same would involve recording finding of facts. The Tribunal being the fact finding authority the petitioner is at liberty to approach the Tribunal.

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