High Court · 2025

14' Nagani srinivas. sio..Shivaiah Aged about 46 years, occ. Agricurture, R/o. H. No. 5- 1 4/8. G h a n ou r Vi la g", '15. r\,4ukundams,ari nami neody, d;;. B;l i;i;,iseo about 44 vears. occ ^,l"Eir, Agricutture Rio. H. No. s_zl, orrinpur vittg,". trlilJrir'lirvl, (ffi;ir#" Malkajgiri District. 'l6.Nunavath Viiaya. Wo. R"Tylg Nayak, Aged about 46 years, Occ. Agriculture, R/o. H. No. 6-26. Ghanpur Viilage.'Med'itailirty. trt"O"f,rt_ MalkaiqiriDistrict. 't7 Desham Satvanarayani, slo. LiG ii"^r;ili , ng;a;;;ri;J;!";[. d;". Asricutture Fiio H No. z_strs nii"b"rjil1"',ii"o.ij (Min;d#:"' "". Malkajgiri District. 18. Kalpaoooru Gooal Rao,^S/o. Late Govind Rao Aged about 61 years. Occ. ;h -J i i/),,M"iHi-" As ri cu t tu re R/o. H. N o o_zold. c n a n i i, vi irl"g Malkajgiri District. (13th to lgth Resoondents are onry proforma Respondents in this writ Petition) ...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ or Direction more particurarry one in the nature of writ of Mandamus (a) to direct the Respondents Nos. 1 to 5 to consider the case of applicants i.e Respondents 13 to '1g and the petitioner herein for appointment as Trustees and for constitution of Non - Hereditary Trust Board for the 6th Respondent rempre pursuant to notification dated 16.1 1.2020 vide Memo No. c1lB071l2o2o in accordance with Section 15'of the Terangana charitabre and Hindu Rerigious rnstitutions and Endowments Act, 19g7 and the Rures made thereunder' (b) by dury decraring the action of 3rd Respondent in issuance of [\4emo in No. c2r1236512021 dared 10.12.2021 caring for the further report from the 4th Respondent after cut-off date and the 4th Respondent vide Letter Rc. No El2075l202o cated 24.12.2021 in submitting the antecedents of 7th to 12th Respondents to consider for appointing them as members of Non_ Hereditary Trust Board and subsequent proceedings of constituting the Trust Board if any, of the 6th Respondent remple as illegal, arbitrary, whimsical, violative of the provisions of the Terangana charitabre and Hindu Rerigious rnstitutions and Endowments Act,19g7 and the Rures made thereunder, as against regitimate expectation and violative of Articres 14 and 26 of the constitution of rndia, settled principres of raw and (c) consequenry set aside the report of the 4rh Respondent vide Rc. No. Et2o7sr2o20, dated 24.12.2021 in submitting the antecedents of 7th to 12th Respondents for considering them in appointment as members of the Non - Hereditary Trust Board of the 6th Respondent Temple including constitution of trust board if any with the said Respondents 7 to 12 IANO:1 OF 2022 petition under section 151 cpc praying that in the circumstances stated the affidavit fired in support of the petition, the High court may be pleased to ay the operation of all further proceedings pursuant to the report of the 4th espondent vide Rc No E/2 075t2O2O date'd 2+'lZZO2f including """t1:t't'1l.: :' on- Hereditary Trust Board if any of the 6th Respondent Temple with the 7th to 2rh Respondents and / or administering oath of such Respondents in any roceedings with Rc No'E/2 075t2O2O on the file of Official Respondents to meet R N 1 p the ends of iustice Counsel for the Petitioner: SRI' T' VISHNU TEJA counser for the Respondent Nos' "'%B?'#}fJl###,[i Counsel for the Respondent Nos' 6'7to18:- The Court made the following: ORDER *]:|)Fr ?} THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETTTION No.L723 0F 2022 ORDER: This rvrit petition is fi1ed for the following reliet ". . .to issue a Wit or Direciion more particularlg one in the nature of Wit of Mandamus (a) to direct the respondents lVos. I to 5 to consider the case of applicants i.e. respondents 13 to 18 and the Petitioner h.erein for appointment cts Trustees and for constitution of Non Hereditary Trast Board fo, the 6th respondent Temple pursuant to notiftcation dated 16.11,2020 uide Memo No.Cl/8O71/2020 in accordance taith Section 15 of the Telangana Charitable and Hindu Religious Institutions and. Erudou,tments Act, 1987 and the Rules made there under (b) bg duly declaring the action of 3d Respondent in issuance of Memo in No.C2/ 12365/2021 dated" 10.12. 2021 calling for th.e further report from th,e 4tn Resporudent after afioff date and tLte 4th Respondent uide Letter Rc.lVo. E/2075/2020 dated 24.12.2021 in submitting tlrc antecedents of Vh to 12th Respondents to consider for appointing the/as members of Non Hered.itary Trust 2 EW,J W.P.No.l723 2022 Board and subseErcnt proceedings of corlstitutirq the Trust Board if anA of the 6th Respond.ent Tempte 4s illegal' arbitrary, rahimsical uiolatiue of the prouisions of the Telangana Charitable and Hindu Retigious Institutions and Endoutmertts Act, 1987 and the Rules made thereunder, as against legitimate expectation and uiolatiue of Articles 14 and 26 of the Constitution of India' lantt, and (c) settled principles .f consequentlg set aside the report of the 4th Respondettt uide R.C'No'E/2075/2020 d.ated 24.12.2021 in submitting the anteced.eruts of 7tn b 72tn Respondents for con sidenng them in appointment as members of the Non Hereditary Trust Board of the 6th ResPondent TemPle including constitution of trust board if ang uith the said Respondents 7 to 72 and pass such further or oth'er orders" '"

2. Heard Sri T.Vishnu Teja, learned counsel for the petitioner and Sri Mangilal Naik, learned Government Pleader appearing for respondent Nos.l to 5' There is no representation on behalf of respondent No.6 and 7*1e 1-Q' - i I l I I I I I I I 1i 3 EW,J W.P.No.l723 2022

3. Learned counsel for the petitioner submitted that pursuant to the notification issued by Respondent No.3, vide Annexure-I to Memo No. Cl/BOZI/2O2O, dated 16.ll.2020, Form-I (as per Rule a(l)) for constitution of Non-Hereditar5r Trust Board for Sri Kshetragiri Venkateshwara Swamy Temple, iocated at Ghanpur (V), Medchal (M), Medchal Malkajgiri District, the petitioner made an application to the Member of the Non_Hereditary Trust Board, along with duly verilied certificates, which were forwarded by the Inspector of Endowments Department to the Assistant Commissioner. The matter was pending consideration. Subsequently, uid,e Memo No.C2/12365/2021, Respondent No.2, upon receiving a letter from Respondent No.5, artd in reference to Memo No. 58o/Fite-22/M(L&E)m F&SD)/2021, dated 30.rt.2o2t, from the Hon'ble Minister for Labour and trmplo1,rnent, Factories ard Skill Development of Telalgala State, further called for reports to take further action in the matter. Learned counsel would submit that the petitioner has already been verified and found in order; however, the matter has been delayed. Hence, the present writ oetition has been frled. 4 W.P.No.l723 EVI/,J -2022

4. Learned counsel further submitted that the respondents ought to have taken action in accordance with the said instructions, but no action has been taken so far' and the matter remains unresolved' Hence' seeks indulgence of this Court'

5. The learned Government Pleader on instructions submitted that the committee appointed for the subject temple, i.e., Sri Kshetragiri Venkateshwara Swamy Temple' locatedatGhanpur(v),Medchal(m)'MedchalMalkajgiri District, had called for the applications for Trusteeship' which is valid for a period of only one year and due to expiration of this period, the investigation has become infructuous ald no action has been taken so far' The notificationdated|6.1|.2o2opostulatesthatthe appointment is only for a period of one year' and due to the lapse of time, the investigation has become infructuous and irrelevalt. Hence, the learned Government Pleader seeks to dismiss this writ petition'

6. Having heard both the parties' this Court is of the opinion that since more than 4 years has been elapsed I I ?)' 5 EVT',J WP.No 1723 2022 from the date of interim stay order granted by this Court, the respondents are permitted to issue a fresh notice where the petitioner has got every opportunity to be appointed to the said committee in accordance with law. The petitioner is at liberty to ta_ke appropriate steps afresh in accordance with law. 7 . With the above observations, this writ petition 1S disposed of Miscellaneous petitions, pending if aly, in this Writ Petition, shall stand closed. //TRUE COPY// SD/. B. REKHA RANI ASSISTANT REGISTRAR secs\$or.rcen I To, Hyderabad. T.S.,Hyderabad. Rced, At Hyderabad. Reddy District, At Hvderabad.

1. The Princioal Secretary, Endowments Department, Secretariat, 2. The Commissioner. Office of the Endowments Department, Tilak Road, 3 The Additionar commissioner, office of the Endowments Department, Tirak 4. The Assistint Commissioner, Office of the Endowments Department, Ranga 5. The lnspector. Enddwmerts Department, Ranga Reddy East Division. g. gn" cg to SRr. r. vtsHNU iejA, Aor;triEifrpubl 7 !w.o CCs to Gp FoR-ENDowUeNrlS-'lriioih-iorn for the State of 'i ii:''| I ^ Telan_gana al Hyderabad [OUT] 8. Two CD Copies HIGH COURT DATED:02104t2025 (' R THE S fn' o '€' () t) \ o O5 AUE ilfr D t.sp ,,.TCHE { ORDER WP.No.1723 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \l l t I i t I