JUDGMENT

S.B. Majmudar, J.-These two appeals by special leave have been moved by the common appellant against the judgment and order of the Division Bench of the Andhra Pradesh High Court by which the Division Bench dismissed one writ appeal and another writ petition moved by the appellant before the High Court. The Government of Andhra Pradesh; the Commissioner of Hindu Religious and Charitable Endowments, Hyderabad; the Deputy Commissioner of Endowments, Guntur and the Assistant Commissioner of Endowments, Ongole, Prakasam District, are the common respondents in these appeals. A few relevant facts are required to be noted to highlight the grievance of the appellant.

2. The appellant filed Writ Petition No.531 of 1980 before the Andhra Pradesh High Court being aggrieved by Memorandum dated 30.12.1978 issued by Respondent No. 1, Government of Andhra Pradesh, represented by its Secretary, Revenue (Endowments) Department by which the order dated 30.05.1978 passed by Respondent No. 2, Commissioner of Hindu Religious and Charitable Endowments, was confirmed. That writ petition came to be dismissed by the learned Single Judge. The appellant carried the matter in appeal which was dismissed by the impugned judgment. The facts leading to the said petition are that a saintly person named Tummala Venugopala Swamy came to the village of the appellant and expressed his desire to engage himself in peaceful meditation. The appellant gave him a site and constructed an Ashram in the land belonging to him being Survey No.201 of Mogilicheria Village. The Ashram was constructed out of the donation received from one B. China Meera Setty. On 06.05.1976, Venugopala Swamy passed away. A Samadhi was constructed in the place of Ashram which became a centre for pilgrimage. This Ashram was known as Sri Dattatraya Swamy Mandiram. A total area of three acres of land was dedicated for the said purpose by the appellant.

3. Respondent No. 2 passed an order dated 30.05.1978 appointing an Executive Officer for this Mandiram. The appellant being aggrieved by the said order preferred a revision before the Government which was dismissed. The appellant then filed Writ Petition No. 531 of 1980 before the Andhra Pradesh High Court. As noted earlier, the learned Single Judge dismissed the writ petition. Thereafter, the appellant filed a writ appeal before the Division Bench of the High Court. In the meantime, an order was passed in 1987 precisely on 29.06.1987 by Respondent No. 4 the Assistant Commissioner of Endowments, Ongole, after the dismissal of the writ petition by the learned Single Judge. By the said order of 29.6.1987 which was a consequential order flowing from the earlier order of 30.05.1978 the Executive Officer of the temple was invited to immediately take over charge of the temple from the appellant de facto managing trustee. The appellant, therefore, challenged the said order by filing the writ petition being Writ Petition No.10016 of 1987. That was clubbed with the pending aforesaid writ appeal. Both the Writ petition and the writ appeal were dismissed by the Division Bench of the High Court by its impugned judgment.

4. The Division Bench of the High Court in the impugned judgment took the view that the earlier order of 1978 continued to operate despite the repeal of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (in short 1966 Act ) by the latter 1987 Act bearing the very same caption. The High Court did not consider the main grievance of the appellant against the order of 1978, namely, that it was passed without there being any basis for passing such an order. The Division Bench of the High Court, as noted above, dismissed both the writ appeal and the writ petition.

5. Learned counsel for the appellant vehemently contended that leaving aside the question whether the earlier order of 1978 survived after the enactment of 1987 Act replacing the earlier Act, even for passing such order of 1978 there was no materia