THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.30796 of 2010 Between:
Mahanth Kannaya Das Nirmohi PETITIONER AND
1. The Commissioner, Endowments Department, Hyderabad, and others.
RESPONDENTS ORDER:
This writ petition is filed under Article 226 of the Constitution of India, seeking a direction to the 1st respondent-Commissioner of Endowments to consider the representations of the petitioner dated 25.08.2010 and 25.10.2010.
2. Heard Sri S. Ashok Anand Kumar, learned counsel for the petitioner, learned Government Pleader for Endowments and Sri K. Chidambaram, learned counsel for the 5th respondent.
3. According to the petitioner he is a disciple and successor of late Balbadra Das, who passed away on 5.07.2010, and was appointed as successor on 7.07.2002 by conducting Chader Proshi in the presence of Bahratiya Shatdarshan Sadh Samah, Hyderabad, and since then he is continuing as Chela of late Balabhadradas and performing the daily rituals in Nirmohi Mutt wherein Sri Balaji and Sri Hanuman temples are located. The Deputy Commissioner of Endowments, Hyderabad vide proceedings in D.Dis.No.H1/34207/05, dated 06.08.2005 directed the Mahant of the said Mutt to give the Mutt in adoption to the 5th respondent under Section 145(1) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987. Challenging the said order, the present writ petition has been filed contending that despite submitting the representations dated 25.08.2010 and 25.10.2010, no action has been taken by the 1st respondent.
4. It is contended by the learned counsel for the 5th respondent that the present writ petition filed under Article 226 of the Constitution is not maintainable in view of the alternative and effective remedy of appeal to the Government as provided under Section 145(4) of the Endowments Act.
5. In view of the said alternative remedy available to the petitioner under the provisions of the Statute, this Court is of the opinion that the petitioner can avail the said alternative remedy.
6. For the foregoing reasons and having regard to the provisions of Endowments Act and keeping in view the nature of controversy, this writ petition is disposed of, permitting the petitioner herein to file appeal against the impugned order passed by the Deputy Commissioner of Endowments, Hyderabad vide proceedings D.Dis.No.H1/34207/05, dated 06.08.2005 within a period of two months from the date of receipt of a copy of this order. If such an appeal is filed before the Government within the stipulated time, the same shall be considered and appropriate orders be passed in accordance with law within a period of three months thereafter. There shall be no order as to costs. As a sequel, W.P.M.Ps. if any shall stand closed.
JUSTICE A.V. SESHA SAI.
28th April, 2014 Js.