THE HON'BLE SRI JUSTICE S. RAVI KUMAR CIVIL MISCELLANIOUS APPEAL No.1138 of 2014 Date:31.12.2014 Between:
Guduturi Gopala Krishna . Appellant.
AND The Dy. Commissioner of Endowment, Visakhapatnam, Visakhapatnam District and others.
....Respondents.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR CIVIL MISCELLANIOUS APPEAL No.1138 of 2014 JUDGMENT:
This appeal is preferred against the return order, dated 29-12-2014, in OASR No…../2014 (CFR.No.3225/2014) on the file of A.P. Endowments Tribunal, Hyderabad, whereunder the Tribunal returned the OASR of the petitioner on the ground that the citations relied on by the applicant are not relevant to the issue on hand and it is returned by the Administrative Officer of the Office.
2. This appeal is preferred invoking Section 88 of A.P. Charitable and Hindu Religious Institutions & Endowments Act 1987 contending that the order of the Tribunal dated 29-12-2014 is contrary to law. But as seen from the material papers, the impugned order is not passed by the Tribunal. It is not signed by the Presiding Officer it was returned by Administrative Officer of the Tribunal. Therefore, the appeal as filed is not maintainable under Section 88 of the said Act became the impugned order cannot be treated as Judicial Order, therefore, the appeal is liable to be dismissed.
3. Accordingly, appeal is dismissed at admission stage. However, petitioner is at liberty to represent the same application before the Tribunal and the Tribunal shall consider the same, without being influenced by any of the observations made in this order. No costs.
4. As a sequel, miscellaneous petitions, if any, pending in this appeal, shall stand dismissed.
JUSTICE S. RAVI KUMAR
Date:31.12.2014 mrb