HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON’BLE SRI JUSTICE SANJAY KUMAR W.A.No.1619 of 2013 Date: 21.01.2014 Between:
Sri Chinna Mallappa Swamy Mutt, Sugepalli Village, Brahmasamudram Mandal, Anantapur, Represented by its Executive Officer, Group Temples, Kambadur.
. Appellant AND Sri Chinna Mallappa Swamy Mutt, Sugepalli Village, represented by its Agent & Power of Attorney Holder, M.Rajanna Goud (died) and others.
...Respondents HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL No.1619 of 2013
JUDGMENT: (per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta ) This appeal has been preferred by the Executive Officer, Group Temples, Kambadur, purporting to represent Sri Chinna Mallappa Swamy Mutt, against the judgment and order of the learned single Judge dated 01.12.2011, by which the learned single Judge while allowing the writ petition set aside the order of the Commissioner, Endowments Department, Boggulakunta, Hyderabad, dated 23rd April, 2003.
It is appropriate to mention that the appellant before us was the beneficiary of the order of the Commissioner, Endowments dated 23rd April 2003, which was set aside. We are of the view that when this order has been set aside by the learned single Judge, the locus of this appellant stands extinguished. According to us, this person cannot be said to be an aggrieved person and the aggrieved person should be the Commissioner, Endowments Department, Boggulakunta, Hyderabad, or Deputy Commissioner, Endowments Department, Kurnool or Asssistant Commissioner, Endowments Department, Anantapur District.
In the aforesaid circumstances, we dismiss this writ appeal. However, leave is granted to the aggrieved person to prefer the appeal, if so advised.
Miscellaneous Petitions, if any, pending in this appeal shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
21.01.2014
Gsn