IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 9851 of 2008 Date: 28.04.2014 Between:
Nyaya Samrakshna Seva Samithi Hyderabad.
… Petitioner And Govt., of A.P., rep., by its Principal Secretary, Revenue (Endowments) Department, Hyderabad, & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 9851 of 2008 ORDER: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed on 20.04.2008 for the following reliefs:
“… Hon’ble Court may be pleased to issue a writ in the nature of writ of Mandamus
(i) declaring the action of the respondents 1 to 4 in continuing the 6th respondent as founder trustee of the 5th respondent temple as illegal, arbitrary, unjust and contrary to the provisions of Endowments Act;
(ii) declaring the appointment of the 6th respondent by the proceedings of the 4th respondent vide his order in Rc.No.A3/14396/96, Adm., dated 11.10.1996 as without jurisdiction and contrary to the Endowments Act;
(iii) Consequently direct the respondents to appoint a Trust Board of the 5th respondent afresh by removing the 6th respondent as Chairman; and
(iv) Direct the 1st respondent to conduct audit in respect of the funds of the 5th respondent temple particularly in respect of the amount of Rs.47 crores which was expended for 2700 issues for the past 30 years.”
It appears from the proceeding sheet that from time to time the matter has been adjourned at the instance of the petitioner. Looking at the prayer, we feel that there has been an alternative and efficacious remedy under the statute. By reason of adjournments taken we think that the petitioner is not interested in the writ Court. The petitioner should be asked to go to the statutory authority as available under law.
We close this writ petition giving liberty to the petitioner to approach the appropriate forum. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 28.04.2014 ES