K SUSHEELA Vs. COMMISSIONER OF ENDOWMENTS HYDERABAD

JUDGEMENT

(1.) The petitioner in the instant writ petition impugns the proceedings on the file of the Regional Joint Commissioner of Endowments, Multi Zone-III, Hyderabad directing the petitioner herein to show-cause as to why the legality, the propriety of the order passed by the Asstt. Commissioner, Endowments Department, T. C., Hyderabad declaring the petitioner herein as member of the founder family of Sri Kanaka Durga Temple, Ameerpet, Hyderabad, should not be examined. The petitioner herein was called upon to be present together with connected records and documents in connection with the proposed enquiry to be held on 28-12-1999 by the Regional Joint Commissioner.

(2.) It is stated that the petitioner's husband was the devotee of Sri Kanaka Durga Devi. It is stated that with his own funds, the temple in question has been constructed by his individual efforts. It is, however, stated that the temple has become public in character for the reason that the public have been allowed to have access for worship of the subject temple. It is also stated that the petitioner's husband undertook construction of several sub-shrines like Pochamma Temple, Santhoshima Temple. The main temple and the sub-shrines constructed by him were being managed with his funds and a poojari has been appointed and his salary is also paid from out of the personal funds of the petitioner.

(3.) Be that as it may, the subject institution was registered under Sec. 43 of Act 30 of 1987. A certificate of registration was issued by the Asst. Commissioner, Endowments in Rc. No. C/4174/94, dt. 22-10-1994. It is averred in the affidavit that the record itself would show that the subject institution was founded by the petitioner's husband and his name is recorded as founder in 43 Register.