( 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