The Magistrate acting under Section 87 of the Hindu Religious and Charitable Endowments Act does not act as a persona designata but as a Court. The proceedings before the Magistrate are judicial in character and the orders passed by him are subject to revision under Section 439 of the Code of Criminal Procedure.

( 1 ) THESE petitions are filed against the orders of different First Class Magistrates directing delivery of the properties to the trustees appointed by the Deputy Commissioner of the Board of Religious and Charitable Endowments under Section 87 of the Hindu Religious and Charitable Endowments Act (hereinafter to be called as the Act ). A preliminary objection is taken to the maintainability of these petitions on the ground that the First Class Magistrate exercises only executive functions under Section 87 and does not act in a judicial capacity and that, at any rate, it was not as a Court that he exercises jurisdiction but as a persona designata. These arguments are based on a judgment of Justice Bhimasankaram in Anjayya v. Venkateswara Das, 1958-1 Andh WR 283.

( 2 ) TO appreciate the points involved in these revision cases, it is useful to set out the relevant sections of the Act and of the Criminal Procedure Cede (hereinafter to be referred to as the Code ). Section 87 of the Act (omitting the unnecessary portions) runs thus: "87. Where a person has been appointed -- (a) as trustee or executive officer of a religious institution, (b) to discharge the functions of a trustee of a religious institution in accordance with the provisions of this Act, or (c) as manager under Section 56 or in any scheme framed by the Board before the commencement of this Act, and such person is resisted in, or prevented from obtaining possession of the religious institution, or of the records, accounts and properties thereof, by a trustee, office-holder or servant of the religious institution who has been dismissed or suspended from his office or is otherwise not entitled to be in possession or by any person claiming or deriving title from such trustee, office-holder or servant not being a person, claiming in good faith to be in possession on his own account or on account of some person not being such trustee, office-holder or servant, any Magistrate of the first class in whose jurisdiction such institution or property is situated shall, on application by the persons so appointed, and on the production of the order of appointment and where the application is for possession of property, of a certificate by the Commissioner in the prescribed form setting forth that the property in question belongs to the religious institution, direct delivery to the person appointed as aforesaid of the possession of such religious institution, or the records, accounts and properties thereof as the case may be: Section 435 of the Code says (omitting the portions unnecessary for our purpose): "the High Court or any Sessions Judge or District Magistrate or any Sub-Divisional Magistrate empowered by the State Government in this behalf, may call for and examine the record of any proceeding before any inferior Criminal Court situated within the local limits of its or his jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior court and may, when calling for such record, direct that the execution of any sentence or order be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. Explanation: All Magistrates, whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purpose of this sub-section and Section 437 Section 439 of the Code recites (omitting the unnecessary portions):-- 1. In the case of any proceeding the record of which has been called for by itself or which has been reported for orders or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by Sections 423, 426, 427 and 428 or on a Court by Section 338, and may enhance the sentence; and, when the Judges composing t