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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 jurisdiction is not called for. We may point out that a similar objection was raised before Kailasam, J. (as he then was) in All India.Sai Samaj v. Deputy Commissioner for H.R. and C.E. unsuccessfully and on further appeal, the Division Bench of the Madras High Court in S. Kannan v. All India Sai Samaj, also overruled a similar objection. As the point raised in the writ petition relates to the very applicability of the Act and touches upon the jurisdiction of the authorities, we overrule the objection raised by the learned Advocate General in this case too.

sioner, H.R. and C.E., which relates to the ashram of Sri Bhagwan Ramana Maharishi. We respectfully follow the above rulings and hold that the Act here applies to a religious institution or endowment provided it is an exclusively Hindu institution or endowment and not otherwise.

3. Who is Sri Sai Baba of Shirdi and what religion did he propagate is the next question. There is some discussion on this subject in the judgment of Kailasam, J. as well as the judgment of Veeraswarni, C.J. and V.V. Raghayan, J. but we would like to refer to some more details as stated in 'Life of Sai Baba'(Vols. 1 to 4) by H.H.B. V. Narasimha Swamiji; 'Charters and Saying of Sai Baba' by same author; 'Jai Saicharitra' by Anna Saheb Dhabolkar translated by Sri N.V. Gunaji; 'The Incredible Sai Baba' by Arthur Osborne; Sai Leela Magazine published by Shirdi Samsthan; Sanathan Sarathi published by Satya Sai Books and Publications Trust, Prashanthi Nilayam, Puttaparthi (A.P.), etc.

4. Sai Baba of Shirdi revealed to Mahlsa-pathi that his parents were brahmins of Patri, in Parbhani Taluk of the former State of Hyderabad, that while still a tender child, his parents handed him over to the care of a Moslam fakir who brought him up. Sai Baba occasionally showed interest whenever people from Patri and Parthani visited Shirdi. The fakir who brought him up passed away within four or five years after Sai Baba came under his tutelage and on his direction, his wife handed over Baba to Sri Gopal Rao Desh-mukh of Selu, a saintly man who was a great devotee of Lord Venkateswara and who was the Zamindar of Jintar Pargana. Sri Gopal Rao has been described by Baba occasionally ets 'Vehkusa'. Thus Sai Baba came under the influence of a Moslem fakir as well as a Hindu saint. It is said that earlier when Gopal Rao went to Ahmedabad once it was revealed to him at the tomb of Suvag Shah that he (Gopal Rap) was formerly Swami Ramanand of Benares in his previous birth and that his formes devotee Kabir would coming to him soon, it was only after this that young Baba was brought to Gopal Rao by the fakir's wife (Life of Sai Baba vol.1,) by H.H.B.V. Narasimha Swamiji (Pp. 10 to 18). Once when Baba was examined on commission as a witness, he described himself as belonging to the creed or religion of 'Kabir'. It is also stated in 'Sai Satcharitra' of Dhabholkar (p.39) that Mahlsapathi, an intimate devot.ee of Baba, who slept by the side of Baba in the masjid and chavadi, said that Sai Baba told him that he was brahmin of Patri and was handed over to a fakir in his infancy (vide also Sai Leela, 1924, p.179). According to Swami Sai Sharan Anand, (formerly known as Vaman Prangovind Patel, Solicitor who took to Sanyasa) Sai Baba told him that he (Baba) was born at Pathri in a family of Yajurvedi Brahmins and he left the household at a tender age, travelled along the banks of Godavari, and reacted with sufis. (Sai Leela, Feb. 1990, p. 8). In Sai Leela, (Oct., 1989 p. 25 tp 34) apart from a reference to the above, a reference is made to certain details given by Sri Satya Sai Baba. We have a more detailed account of this in a recent speech of Sri Satya Sai Baba that Sai Baba of Shirdi was born on 28-9-1835 at Pathri village, that Lord Shan-kar was born as Sai Baba to Devagiramma and Gangabhava, in response to their prayers, that when they left for tapas to the forests, a Sufi Saint protected the child from 1835 to 1839 and after the death of the Fakir, his wife handed him over to 'Venkusa' (Gopal Rao) where Baba remained from 1839 to 1851, then he reached Shirdi, stayed for two months, and after moving about here and there, reached Dhupkeda and again reached Shirdi with the marriage party of Chand Patil in 1853. Baba stayed at Shirdi till his demise in October, 1918 (Sanathan Saradhi, October, 1990 --p.281). Thus it will be seen that from childhood Sai Baba was guided by moslem fakirs and sufis in Koran and later by Venkusa in Hindu religion.

12. In the present case, the writ petitioner (respondent) is a Society registered under the A.P. (Telangana Area) Public Societies Registration Act, bearing No. 1844/84 of 1984. The aims and objects of the society include the development of Shri Sai Baba Samsthanam. Originally a temporary idol of Shirdi Sai Baba was installed in the place and thereafter a group of persons started construction of the Mandir with donations. It is said that the elected body has undertaken construction of the Mandir and has ordered for a marble idol of Shri Sai Baba from M/s. Anand Kala Niketan, Jaipur for Rs. 80,000/-. In the meantime, the Assistant Commissioner, Endowments, Hyderabad issued proceedings dated 26-6-1987 appointing one G. Parameshwar Rao, Inspector, New City I, as sole trustee, as the Samsthan was notified under S.6(c)(ii) of the A. P. Act 17/1966, which preceded the present Act of 1987. In the said public notification the institution is described as 'Gayatri Devi and Sai Baba Temple. Questioning the said registration and appointment of sole-trustee, the writ petitioner filed O.A. 51/1987 stating that the proceedings were issued without notice to the writ petitioner. It was also contended that the Act did not apply. A declaration was sought that the Act does not apply and that the order dated 26-6-1987 may be withdrawn. An I.A. was filed under S.87(9) to declare that the Act does not apply to the Shirdi Sai Temple and that the other temple of Gayatri Devi is an independent temple to which the Act applied. While so, on 17-11-1988 the Assistant Commissioner issued notice to constitute a non-hereditary trust-board of the Samsthanam for both temples. Questioning the said notice, the writ petitioner filed another O.A. and stay was granted by the Deputy Commissioner. The writ petitioner applied for copy and without giving copy, the Assistant Commissioner issued proceedings dated 8-3-1989 stating that non-hereditary trust board is constituted for the Shri Gayatri temple and Shri Sai Baba temple for a period of three years. It is said that no notice was given before constitution of the trust board. The writ petition was filed on 25-4-1989. In the writ petition, the appellants did not file any counter. After the writ petition was allowed on 29-8-1990, questioning the orders dated 8-3-1989 and granting a declaration that the Act was not applicable, the present appeal is filed on 1-10-1990, mentioning that O.A. No. 51/1987 was disposed of by the Deputy Commissioner on 28-4-1990 and that the writ petitioner should have filed an appeal under S. 88. We have gone through the file and find that as per the detailed plan, the Shirdi Sai Baba Temple is a separate entity and the Gayatri Temple is an independent temple.