The High Court closed the long-pending Writ Petition of 2010 without costs, granting the petitioner liberty to seek remedies under the relevant Endowments Act without deciding the merits of the claim.
Petition closed; liberty granted to approach appropriate forum under the Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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[3255 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION NO: 4243 OF 2010
Between:
S. Soma Sekhara Sarma, S/o. Viswanadham, Aged 45 years, Occ: Advocate, Khammam, Khammam District.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitutiorr of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction declaring the impugned action of the respondents in seeking to estalish only one Endowments Tribunal at Hyderabad as contemplated by drafting of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Tribunal rules 2009 (hereinafter referred to as the Rules), in its GO tt/ls.No.20 dated 0B-1-2010 in violation of the provisions of Act 3011987 as amended by Act 3312007 as also without considering various rep resentations/suggestions and objections in its proper perspective and without following the due process of law as illegal, arbitrary and violative of principles of naturaljustice etc and consequently direct the respondents to consider establishment of Endowment Tribunals by empowering the Principal District Courts at District headquarters in all districts or as many places not less than the number of previous forums (Regional Joint Commissioner, Endowments).
l.A. NO: 1 OF 2010(WPMP. NO:5490 OF 2010 )
Petition under Section 151 CPCpraying that in the circumstances statedin the affidavit filed in supportof the petition, the High court maybe pleased direct the respondents tocontinuearrangementof the variousRegional Joint Commissioners to dealwith the pending cases,'pending disposalof the above writ petition.
Counsel for the Petitioner : SRIN.V.ANANTHA KRISHNA
Counsel forthe Respondents: GPFOR ENDOWMENTS
The Court made the following:ORDER
, ,
/.:
HONOURABLESRI JUSTICEN.V.SHRAVAN KUMAR w PETITI ON No.4243 of o10 ORDER:
This Writ Petitionhas been filed todeclare the impugned action ofthe respondents in seeking to establish only one EndowmentsTribunal at Hyderabad as contemplated by drafting of"The Andhra Pradesh Charitableand Hindu Religious Institutionsand EndowmentsTribunal Rules, 2009" (hereinafter referred to as"the Rules")in its G'O'Ms'No'20 dated 08.01.2010in violation of the provisions of Act 30/1987 as amended by Act33/2007 as also without considering various representations/suggestion sand objectionsin its proper perspective and withoutfollowing the due process of law as illegal, arbitraryand violativeof principles of natural justice etc and consequently directthe Respondentsto consider establishmentofEndowment Tribunals by empowering thePrincipalDistrict Courts atDistrict Headquarters in alldistricts or as many placesnot less than the number ofprevious forums(Regional loint Commissioner, Endowments).
2
"This application is filed to continue the existing arrangement. It is not in dispute that section 87 of the A.P.Charitable and Hindu Religious Institutions and Endowments Act, 1987, was amended providing for constitution of a Tribunal. Hence, the guestion of contlnuing the present system, does not arise.
The W.P.I,l.P is accordingly dismissed."
As sequel to it, Miscellaneous Petitions, if any pending,
shall stand dismissed.
SD/- C.PRAV EEN KUMAR ASSISTANT EGISTRAR
//TRUECOPY//
S TION OFFICER
- Two CDCopies BSK GJP \1r
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HIGH COURT
DATED:0510812024
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PATcH F-()
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ORDER
WP.No.4243 of 2010
CLOSING THE WRIT PETITION WITHOUT COSTS
6rqP(d-
<br>
S. Soma Sekhara Sarma
Government of Andhra Pradesh
Commissioner, Endowments Department
N. V. Shraavan Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
