( 1 ) THIS writ petition has come up before us for disposal on a reference made by our learned brother Parvatha Rao, J. , disagreeing with the view taken by one of us (Sivaraman Nair, J. ,) in W. P. No. 1811/91 in which it was held that the power of the Commissioner of Endowments to make appointments to the posts of Executive Officers is saved by virtue of the provisions of Sec. 155 (2) of the A. P. Charitable and Hindu Religious institutions and Endowments Act, 1987. (for short "the Endowments Act, 1987") our learned brother Parvatha Rao, J, was also of the view that since no rules were framed under Sec. 29, no appointments could be made because there is a vacuum.

( 2 ) IN the writ petition the legality of an order dated 16-10-1989 passed by the Commissioner of Endowments in Rc. No. G3/54514/89 was questioned. In and by the above order, the Commissioner of Endowments appointed the Executive Officer of Sri Laxmi Narayana Swamy Temple, Secunderabad as Executive Officer in full additional charge of Sri Peddamma temple, Jubilee Hills, Hyderabad. The petitioner in the writ petition claims to be the owner of an extent of Acs, 2. 30 cents in which the temple in question is