Telangana High Court
WP/14301/2006 of Chinni Subba Rao S/o Late C.C. Subbarayulu Setty Vs The Commissioner, Endowments Department on 29 December 2006
SRI JUSTICE GODA RAGHURAM W.P. NO.14301 OF 2006 BETWEEN: Chinni Subba Rao …petitioner Vs. The Commissioner, Endowments Department, Hyderabad and others .. Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM W.P. NO.14301 OF 2006 ORAL ORDER By the impugned order dated.26-12-2005 the
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Conclusion
THE HONOURABLE SRI JUSTICE GODA RAGHURAM
BETWEEN:
W.P. NO.14301 OF 2006
Chinni Subba Rao
…petitioner
Vs.
The Commissioner, Endowments Department, Hyderabad andothers
.. Respondents
THE HONOURABLE SRI JUSTICE GODA RAGHURAMW.P. NO.14301 OF 2006
ORAL ORDER
By the impugned order dated.26-12-2005 the 2[nd]respondent exercising suo motu jurisdiction under Sec.92 of theAndhra Pradesh Charitable and Hindu religious Institutions &Endowments Act,1987 ( for short "the Act") set the petitioner exparte on the ground that there was no representation on his behalfand has also set aside the order of the 4[th] respondent hereindated.13-05-2004 whereby the writ petitioner was recognized anddeclared as founder trustee of Sri Vakati Sanjeevi Setty EducationalTrust known as Sri Sarvodaya Education Committee and SriSarvodaya College Committee, Nellore.
Against the said order, the petitioner on 16-02-2006 preferredan application for setting aside the ex parte order dated.26-12-2005. Itis submitted by the learned counsel for the petitioner that since thethen incumbent of the 2[nd] respondent office wasplaced under suspension pending inquiry in view of initiation of certaindisciplinary proceedings, the 3[rd] respondent is in charge holding apost of Regional Joint Commissioner, Endowments, Tirupati andtherefore the 3[rd] respondent is not disposing of thepetitioner’s application dated.16-02-2006 for setting aside the ex parteorder of the 2[nd] respondent. In the circumstances thepetitioner has filed this writ petition challenging the 2[nd] respondent’sorder dated.26-12-2005 in R.P.No.10 of 2004.
As the petitioner has filed an application dated.16-02-2006seeking setting aside of the ex parte order, impugned herein, it wouldnot be appropriate to this Court to go into the validity of the 2[nd]
respondent’s order in R.P.No.10 of 2004.
In the circumstances and on the view stated above, the writpetition is disposed of directing the 1[st] respondent to makeappropriate administrative arrangements for appointing the RegionalJoint Commissioner, Endowments Department, Multi zone-II, Tirupatieither by conferring appropriate power in an in charge officer, byposting or causing to be posted an officer as Regional JointCommissioner or alternatively the 1[st] respondent himself taking up the hearing of the application, as the power underSec.92 is the power of the Commissioner. The 1[st] respondent shallensure that the application of the petitioner dated.16-02-2006 isdisposed of expeditiously and preferably within a period of 30 daysfrom the date of receipt of a copy of this Order.
The writ petition is disposed of at the stage of admission afterhearing the learned Government Pleader Endowment. In thecircumstances no order as to costs.
29[th] DECEMBER 2006*TSNR
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GODA RAGHURAM,J