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1990 Supreme(AP) 466

P.L.N.SHARMA, M.JAGANNADHA RAO
Deputy Commissioner of Endowments, Hyderabad and 2 – Appellant
Versus
Saibaba Samsthanam – Respondent


( 1 ) THE point for decision in this writ appeal is whether the Temple of Sri Sai Baba of Shirdi at Chader-ghat, Hyderabad is one in respect of which the authorities under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter called the Act) have jurisdiction? The learned single Judge had allowed W. P. No. 17487 of 1987 dated 14-6-1990 following the judgments of the Madras High Court in All India Sai Samaj v. Deputy Commissioner for H. R. and C. E. , (1967) 2 Mad LJ 618 and another judgment of the Madras High Court in S. Kannan v. All India Sai Samaj, (1974) 1 Mad LJ 174 and held that the Act did not apply to a similar Temple of Sai Baba of Shirdi, located in another part of Hyderabad. Following his own judgment in W. P. No. 17487/87, the learned Judge allowed the Writ Petition out of which this writ appeal arises. No counter was filed in the writ petition. We have heard the learned Advocate General and the learned counsel for the respondent writ petitioner. The first contention is that against the order of the Deputy Commissioner under Ss. 45 and 87, an appeal lay under S. 88 to the District Court and that interference in writ jurisdi















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