THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.5623 of 2009 Between:
Ch. Seetharamanuja Charyulu PETITIONER AND
1. The Regional Joint Commissioner, Endowments, Tirupathi, and others.
RESPONDENTS ORDER:
This writ petition, filed under Article 226 of the Constitution of India, assails the order dated 22.12.2007 passed by the Regional Joint Commissioner, Endowments, Tirupati, 1st respondent herein, in R.P.No.10/2005.
2. Heard Smt. A. Anasuya, learned counsel for the petitioner, learned Government Pleader for Endowments for respondents 1 and 2, Sri V.T.M.Prasad, learned Standing Counsel for the 3rd respondent and Sri P. Prabhakar Rao, learned counsel for the 4th respondent apart from perusing the material available on record.
3. Filtering the unnecessary details, the facts, which are necessary for disposal of the present writ petition, are as under.
4. Petitioner and the 4th respondent are the brothers and are the sons of one late Sri Ch. Krishnamacharyulu. The petitioner filed R.P.No.12 of 2002 before the Regional Joint Commissioner, Multi Zone-II, Tirupati, questioning the orders passed by the Executive Officer of the 3rd respondent-temple, dated 20.09.2001. The Regional Joint Commissioner, the 1st respondent herein, passed an order on 30.12.2002, directing the Executive Officer of the 3rd respondent- temple to admit the petitioner to do his duty as Archaka in the subject temple in the place of one Sri K. Sudarsanacharyulu. Against the said order R.P.No.10 of 2005 was filed by the 4th respondent before the 1st respondent. The 1st respondent allowed the said R.P.No.12 of 2005 on 22.12.2007 holding that the 4th respondent herein is a lawful person to claim the right of service for two months of Archakatvam in the 3rd respondent-temple. Challenging the said order as illegal and violative of principles of natural justice, the present writ petition has been filed.
4. This Court issued Rule Nisi on 12.02.2009 while dismissing the miscellaneous application filed by the petitioner vide W.P.M.P.No.7310 of 2008.
5. One of the grounds raised in the present writ petition is that the petitioner could not contest the matter before the 1st respondent during the course of enquiry in R.P.No.10 of 2005 because of the sudden demise of the counsel engaged by him before the 1st respondent on 7.12.2007. To substantiate the said ground, a death certificate issued by Registrar of births and deaths, Tirupati Municipality, Chittoor District, is placed on record by the learned counsel for the petitioner, which shows that one Sri Y. Srinivasulu Naidu, Advocate engaged by the petitioner before the 1st respondent to represent his case, passed away on 7.12.2007. Therefore, it is very much evident that in view of the absence of representation before the 2nd respondent, the petitioner was set ex- parte before the 1st respondent and eventually, the impugned orders were passed by the 1st respondent.
6. In view of the said reason this Court, without going into the other merits and demerits of the issue, is inclined to afford an opportunity to the petitioner to contest the matter afresh on merits, which would meet the ends of justice.
7. For the aforesaid reasons and having regard to the fact that the petitioner lost the opportunity to contest the matter before the 1st respondent in view of the death of his counsel, this writ petition is allowed and the order passed by the 1st respondent dated 22.12.2007 in R.P.No.10 of 2005 is set aside and the matter is remitted to the Endowments Tribunal constituted under Section 87 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, for fresh consideration of the respective rights of the parties. It is also made clear that till the resolution of the dispute before the Tribunal, the arrangement made vide impugned orders dated 22.12.2007 passed by the 1st respondent in R.P.No.10 of 2005 shall continue. No order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
8th July, 2014 Js.