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2002 DIGILAW 6 (AP)

Jagannath Swamy Temple (Jeera) Trust v. Deputy Commissioner, Endowments Dept.

2002-01-02

P.S.NARAYANA

body2002
ORDER : The writ petition is filed seeking a Writ or Mandamus more in the nature of Writ of Mandamus directing the respondents 1 and 2 to take immediate and appropriate action to register the O.As filed by the petitioner on 30-12-1999 and dispose of the same in accordance with the Act and Rules made under A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 within a time frame and pass suitable orders. 2. The facts in brief are as follows: The writ petitioner M/s. Jagannadha Swamy Temple Trust (a trust represented by Managing Trustee Sri Badri Vishal Pitti) had filed the present writ petition praying for the relief specified supra. It is stated that the petitioner trust was established in the year 1944 and is registered with the Endowments department and the trust was endowed with several immovable properties in which dwelling units and shops were constructed and the said contrcutions were allotted and leased out to various persons including the respondents 3 to 24 and the said income is being utilised for chartable purposes. It was also stated that respondents 3 to 24 were paying the rents to the trust till the year 1983, but thereafter they are not paying the rents though several demand notices were sent to them and finally they were issued with a notice dated 4-4-1998 terminating their tenancy and calling upon to remit the entire rent due and demanding them to deliver the vacant possession to the petitioner trust, but however they had neither delivered the possession nor paid the rents. Thereupon, the petitioner trust filed applications on 30-12-1999 against respondents 3 to 24 under Section 83 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter in short referred to as the Act for the purpose of convenience) seeking a relief to declare the said parties as encroachers and direct them to pay the arrears of rent due besides claiming Rs. 5000/- per month as damages from the date of handing over vacant possession and also for delivery of vacant possession. Though the O.As were presented, for reasons best known, the respondents 1 and 2 are not initiating any action for disposal of the applications filed under Section 83 of the Act. 5000/- per month as damages from the date of handing over vacant possession and also for delivery of vacant possession. Though the O.As were presented, for reasons best known, the respondents 1 and 2 are not initiating any action for disposal of the applications filed under Section 83 of the Act. In the circumstances, the writ petitioner had invoked the jurisdiction of this Court under Section 226 of the Constitution of India praying for the appropriate relief as specified supra. 3. Sri Sudershan Reddy learned Counsel representing the writ petitioner had contended that the very object of invoking the Section 83 of the Act is to have an early disposal of the matters and by the inordinate delay caused by the respondents 1 and 2 in numbering the O.As and proceeding with the enquiry in accordance with law, the petitioner is put to serious loss. Learned Counsel also drawn my attention to the provisions of the Act and the Rules framed thereunder and had contended that the 1st respondent is expected to decide the applications filed under Section 83 of the Act within a period of six months. Learned Counsel had also drawn my attention to Rule 39 of the Enquiries and Appeals Rules 1987 (hereinafter in short referred to as the Rules for the purpose of convenience) in this regard. 4. Sri C. Pattabhi Naidu, learned Assistant Government Pleader for Endowments representing the respondents 1 and 2 had submitted that it is no doubt true that Rule 39 of the Rules contemplates that no proceedings initiated or applications filed under Sections 83, 87 and 133 of the Act shall be kept pending before the Deputy Commissioner, Endowments for more than six months from the date of initiation of proceedings or filing of such applications. Learned Counsel had drawn my attention to Sections 149 and 153 of the Act and also different provisions under the Rules. Learned Counsel ultimately had fairly submitted that as per the Rule 39 of the Rules, the Deputy Commissioner, Endowments is expected to dispose of the O.A within a period of six months. 5. Heard both sides. 6. The factual matrix had been already narrated supra and the same need not be repeated again. Learned Counsel ultimately had fairly submitted that as per the Rule 39 of the Rules, the Deputy Commissioner, Endowments is expected to dispose of the O.A within a period of six months. 5. Heard both sides. 6. The factual matrix had been already narrated supra and the same need not be repeated again. The main grievance of the writ petitioner is that though the writ petitioner filed the applications on30-12-1999 against the respondents 3 to 24 under Section 83 of the Act, for the reasons best known no further action had been initiated by the respondents 1 and 2 in this regard. 7. Section 149 of the Act dealing with the procedure and powers at enquiries under this Act reads as follows: (1) Where a Commissioner, Additional Commissioner or Regional Joint Commissioner, a Deputy Commissioner or Assistant Commissioner makes an enquiry or hears an appeal under this Act, the enquiry shall be made and the appeal shall be heard as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 to the trial of suits or the hearing of appeals as the case may be. (2) The provisions of the Indian Evidence Act, 1872 and the Indian Oaths Act, 1969 shall so far as may be, apply to such inquiries and appeals. (3) The Commissioner, Additional Commissioner or Joint Commissioner, Regional Joint Commissioner, Deputy Commissioner or Assistant Commissioner holding such an inquiry or hearing such an appeal shall be deemed to be a person acting judicially within the meaning of the Judicial Officer's Protection Act, 1850. 8. Section 153 of the Act deals with the power to make rules and the said provision reads as follows: (1) The Government may, after previous publication and by notification in the Andhra Pradesh Gazette make rules for carrying out all or any of the purposes of this Act. 8. Section 153 of the Act deals with the power to make rules and the said provision reads as follows: (1) The Government may, after previous publication and by notification in the Andhra Pradesh Gazette make rules for carrying out all or any of the purposes of this Act. (2) Every rule made under this Act shall immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session, in the sessions immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiration of the sessions in which it is so laid or the sessions immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity or anything previously done under that rule. 9. In exercise of the powers conferred by Sections 149 and 153 of the Act, the Enquiries and Appeals Rules, 1987 had been framed by virtue of G.O.Ms.No. 651 Revenue (Endowments) dated 30-6-1989. Rules 32 to 39 of the said rules deal with the procedure for filing an application and appeals. Rule 39 of the said rules reads that no proceeding initiated or application filed under Sections 83, 87 and 133 of the Act shall be kept pending before the Deputy Commissioner for more than six months from the date of initiation of proceedings or filing of such application. If the object of the aforesaid statutory provisions and also the Rules framed thereunder are carefully read, the intention is that the applications filed before the concerned Deputy Commissioner are to be disposed of within a period specified by the Rule 39 of the Rules. It is rather pecullar that if the authorities under the Act even without numbering the O.As keep the matters, virtually, such inaction on the part of the authorities under the Act definitely will be contrary to the very object of the provisions of the Act and the Rules framed thereunder, specified supra. It is rather pecullar that if the authorities under the Act even without numbering the O.As keep the matters, virtually, such inaction on the part of the authorities under the Act definitely will be contrary to the very object of the provisions of the Act and the Rules framed thereunder, specified supra. Hence, I have no hesitation in holding that the inaction on the part of these respondents 1 and 2 in this regard can definitely be assailed by way of a writ petition in the facts and circumstances of the case. 10. In view of the facts and circumstances narrated above and in the intersts of justice, the respondents 1 and 2 herein are directed to complete all the necessary formalities in accordance with law, number the O.As and also further proceed with the enquiry and dispose of the same in accordance with law, especially in the light of Rule 39 of the Rules. Accordingly the writ petition is allowed, but however in the facts and circumstances of the case no order as to costs.