Telangana High Court
WP/39222/2012 of Smt. K.Urmila, Vs Sri Seetha Ramachandra Swamy Temple, on 28 December 2012
SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 39222 OF 2012 O R D E R : The 1st petitioner herein has been shown as the respondent in O.A.No. 628 of 2011 before the Andhra Pradesh Endowments Tribunal, Hyderabad. By its Award dated 21.08.2012, the Tribunal has allowed the Original
THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAOWRIT PETITION No. 39222 OF 2012
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O R D E R :
The 1[st] petitioner herein has been shown as the respondent inO.A.No. 628 of 2011 before the Andhra Pradesh EndowmentsTribunal, Hyderabad. By its Award dated 21.08.2012, the Tribunal hasallowed the Original Application directing the respondent therein tovacate and hand over the scheduled property within one month fromthe date of service of the Award by a written intimation.
One of the contentions canvassed before me was that therespondent before the Andhra Pradesh Endowments Tribunal is not inthe aware of the proceedings that have been initiated and pendingbefore it and hence, she could not participate in the proceedings. Itwas also pointed out that the 1[st] petitioner has moved the AndhraPradesh Endowments Tribunal by instituting interlocutory applicationseeking to set aside the award passed by the Endowments Tribunal exparte. If the said application is decided in her favour, the question ofthis Court examining the validity or otherwise of the Award would notarise. Therefore, for a period of one month from today, the orderspassed in O.A.No. 628 of 2011 may not be given effect to or actedupon. In the meantime, I hope and trust that the Andhra PradeshEndowments Tribunal will deal with the interlocutory application onmerits and if it is convinced that there is a genuine reason behind thefailure of the 1[st] petitioner herein in participating in the enquiry beforeit, appropriate measures may be taken for hearing the main matteritself once again.
With this order, the Writ Petition stands disposed of. No costs.Consequently, the miscellaneous applications, if any shall stand disposed of.
------------------------------------------- (NOOTY RAMAMOHANA RAO, J)
28[th] December 2012
Issue CC tomorrow.ksld