Telangana High Court

WP/27526/2005 of lakshmi Babi, Vs the Assistant Commissioner on 26 December 2005

Cites 0, Cited by 0

COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No. 27526 of 2005 Between: Lakshmi Babi ..... PETITIONER AND The Assistant Commissioner,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND FIVE

PRESENT

THE HON'BLE MR JUSTICE V.ESWARAIAHWRIT PETITION No. 27526 of 2005

Between:

Lakshmi Babi

AND

The Assistant Commissioner,

Endowment Department, Kurnool.

..... PETITIONER

.....RESPONDENT

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER:

Seeking a Mandamus, declaring the action of the respondent in contemplating toregister the subject temple Sri Mala Malleswara Temple, Neraniki Thanda village,Holagunda Mandal, Kurnool District without hearing the objections of the petitionerunder Section 43 of the A.P.Charitable and Hindu Religious Institutions andEndowments Act, 1987 (for short ‘the Act’), as illegal and arbitrary, the present writpetition is filed.

Heard the learned counsel for the petitioner and the learned Government Pleader forEndowments.

The petitioner submits that Sri Mala Malleswara Temple, Neraniki Thanda village,Holagunda Mandal of Kurnool District belongs to her family and she is the Trustee ofthe said Temple. It is stated that when the said temple sought to be registered underthe Act, the petitioner made objections/representations to the respondent on20.09.2005 and 14.12.2005, but without considering the said representation ascontemplated under Section 43(5) of the Act, the respondent is taking steps toregister the said temple.

I am not inclined to express any opinion whether the said temple is liable to beregistered under the Act and whether any tenable objections are there on the part ofthe petitioner as against the action of the respondent in registering the temple underthe Act. But, however, when a representation is pending, it is just and proper for therespondent to consider and dispose of the same in accordance with law.

Having regard to the facts and circumstances of the case, the 1[st] respondent is directed to consider and dispose of the objections/representationsof the petitioner dated 20.09.2005 and 14.12.2005, in accordance with law, aftergiving a reasonable opportunity to the petitioner before passing any final ordersunder Section 43 of the Act.

With the above observations, the Writ Petition is disposed of. No order as to costs.

Dated: 26.12.2005

Dsr

Note:Issue CC in two daysB/o

Dsr

________________

V.ESWARAIAH,J

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead