The High Court · 2025

8. Smt. P, Sharti Priya, Wo. Late Sri P. Ashok Kumar, Aged about 48,years, Occ: Houseurife, Rlo. tt.tlo.6-2-525, Chintal Basti, Khairatabad' Hyderabad' I C K Anrn Kumar. S/o. Late Sri C.V. Krishna, Aqed about 46 years' Occ: - gJrinedi, R/,r. H.No.11-?-11l1, Seethqphal lVtahdi, Secunderabad 500061' RR B and 9 are impleaded as per C.O. dt.17.Q2.2025 in lA No 3/2022. '10. Smt. K. Saraswathi. Wo. Late K. It/lanmohan Das, D/o. Late Neelam Jiooaiah. Aoe 73 vears, OccL House Wife, R/o. H.No.16-2-751/A/3512111, Plo'iNo.1 1, Road No.1. Tirumala Hills, pislukhnagar, Hyderabad. ,

11. Smt. Q. $hqba, W9. Lato C.V. Krishna, D/o. Late J{gelam Ja-ggqi4h, Aged dbout 05 years, Occ: Hoqse Wife, Secunderabad 500009 (TS). BB 19 Fnd 1t 4re irllpleqped qs per E9 dt17.02.2025 iq lA Nq,1/2q?2 ...RESPONDENTS Petition under Artiqle 226 of tfie CQnstitution of lndia prayi4g that in the circumstance5 stated in the pffidavit filed therewith' the High Qgurt may be pleased to ibqUe an approBrialg wrlt, order or direction more qspecially one in the nature 9f wril of lvlandamus ifeclaring the procqedings in fl Dis.No.Dl41l2O2Q, dated 19.Q2.2021, issued by thq 3rd respondent Assislant Cpmm!ssiqnFr' Endowments Departmeni, under Section 43 of the-Te11"99!3 Charitable and Hindu Religiogs lnslitutigns and Endowmenle Act, 30 of 1'gBT teqistering the Hanuman Terpple situated in Acs.4,11 guntaq in Survey No.126/Part of Narsingi vithge, caribifet f/qndql, Raaga ffedQy Qiqltict, q.$ Er].4pwmgnt Temple'as baC, arbitrary, illegel, w'thout jUJisdiction end contrary ta thP provisions qf the said Aqt and con.seqirently Lo set aside the gemg in the interest af luslipP. lA NO: 1 Oi?022 Petition under Sqotion 151 QPC pr?ylng that in the oirgunrqtanceg state( in the atfidayit filed in support of the petition, tne High Court may bq pleasqd tg direct ihe 'respondents ''not to interfere. witr tne pgace{ul possessign and enjQymgnt gt the petitioners over lhe subjegl lan{ admeasuring Ac4.1'l O1nt49, situated.in Survev No.1?6/Part qf Narsingi vill3ge, Gandipet Mandal Ranga Reddy district in the intere-st of juq11q9, pendi.ng dispoqel of the writ Petition. A o OF o22 Petition undgr Section 151 qPC prelling tfat in the aitcunrstencep steteC in the affidavi.t filerJ in support of the petitipn, ifre Hign Court may be pleased t9 suspend the impugned pioceedings in R.Dis.Nq.D/4112020, dated 19.02.2021 , issqed by the 3rd respondent -Assistant Commissioner 'Endowmentq Department, under Section 43 of the Telangana Charitable and :lindu Religious lnsiitutions and Endowments Act, 30 of i 987, pending disposal of the Writ Petition in the interest of justice. IAN F 2022 Between: The State of Telangana, rep. by its Principal qecretary to goveJr_rment ' Endoyment QgOa(ment Secretariat, Hyderabad The Assistant Commissioner, Endowments Department, RangE Red(y . 1 ? "'PErlTloNEBS/RFSPoNDENT9 ANP { ? 3 + 5. N Janethamq?, W{9, lt Bala Krishna, aqgd gbout g{ ys9tq, o9-9; flouge lyife, t{. Sri Prakaoh, S/p, N. Bala Kri$hna, agqd ahout E( years, ocg. business. N Sridhar, $/0. N. pala (rish4g, aged qbqut4T yee6, qqq: bq-qiness, N, Srik?nth,'Slp. N, Bala Krishna, ased about 45 years, epg: business. !. Sa{ananfl Jyothi, w/q. Sri !. $s6sp3qd, aged gpout 4$ yeprg, Oqc, House Wife, '' Petitioners 1 to 5 are residents of H.No.20.2-358i1 , Qld Kabuthar Khana, H ir ssai n i-Rtarn, Hyderabad ' Z

6. N,-Kantha. W{p Lale N. Chandrasekhsr, aged ehqut 60 yeaJg, occ. house Wife.' $,flu1flnal Q/o l-ate ! chaodrasokhar, aged glout 37 vegre osg. hgyqe E $,JayEo1ee, P{p Ufe N. ghndraoekh?i, ased abqyl 29 yeers, egq $tgden!, I N, 9qmg.hy{el Q/.g, Lele N. Qhardras,gkher, aged aPout ?A vepn, 999, Fetitiqners 0 tq 9 are re5iflents qf H.No.Z1-61l1 , Brindivan Colpny, Ne?r RGIA Pblici :Statiqrii'shamshab'ad, Hyderabafl . ..,EESe9NDENT${PErlrl9NERg

10. The Statg_of Tplangana, rep. By ito.Prinqipal $ecrq16ry tq Govgrrlmeqt ftpvehub Depertmeot, Sgcrelaiiat, Hyderabad.' -a '1 1 . The District Qollectpr, Ranga Beddy Diqlrict. 12 The RpVenqq piviqignal Qfficer, Raiendr:g Nagar, qt Attapql. 'l3.The Mandal Bqvenue Ofticer, Gandipel Mandat. 14.The Etqtion Hguse pfficer, Nargingi Police Station, Narsingi, Ranga fteddy D[strict. I ' ...RESP.NDENTS/RE'P.NDENT' (Respgndents 10 to '14 are nbt necessary) Petitiqn undgr Seetion 151 QPC praying that in the citcumstances stated in the afiidavit filed in support s1 1(e. petitioh, the High Court may be plgased to dismisd- thei ihstan! writ petition by vacating the orders lssued i4 l.A. No. I of 202! iq l/:P,',Ng:'g??9 of 2022, Qt: 12.04.2022 in the interest of iustice and welfare- of thg pubject teryiple. {*a lA NO: 6 OF 2022 Between: '1 . The State of Telangana, rep. by its Principal Secretary to Government Revelug Department, Secretariat, Hyderabad. p- T!re Qi9lrict Colreclpr, Ransa Beddy ?!ltl;t. p lle Rglenur: Divisipnal pfficer, Baieldta Naqar, a! Attapur {. T|le tylqqdal RevenqP offiper, .Qarldipql l,lendel. ...PETIT|ONFRS/RESPONDENT9 AN P

1. N Janathamrna Wlo. N. Bala Kriahna, aoed 4!ou1 94 years, occ: House \alifp, Gsideni of H No 20-?..35b/i,' old .Yabilthar Khana, Hussalni-Alam, it],-oeiaUao ?. l!, Sr:lPreka.sh, S/0. tJ Eala l{1i9!1a, egqd abeut !9 V"e3, occ: lssit1gss 3. N Sridhqr, $/o, N, Bala 6rishna, aged Qbgut {7 veBtg' q99i busingss, {. t!, Sr!ftpnth, S/o N $alaKris[rqq, aged about45yQars qqg: bqqloesq, 6 V, Sqdanancl Jyothi, w/o. Sri Y. Qadetang, aggd ahout 48 yee$, Oog, Hsusg Wife, Petitipners 'l to 5 are residents of H N0.20-2-358/1 . Old Kahuthar Khana, Huisirini.ntam, Hyotirabad i q N,-Kaptna \ry/o Late N, Chandrasel5!3!,rggd qbQut 00 yesro, oc.g. hsypq 7. N Anuradha, D/o. Late N ChandrasBkhqr, aged abgut 37 yepgs oqg. hogsg '': "- ,'' '.' ., : i '. E l.{ Jay-aqree, D(o Lq!9 N ehndrapekha(, eged abaut 29 v?ers gcs Sludent, 9. N Sirrneshvlar: E/Q Late l!, Qhardra$ekhar, qged abqut ?0 years, 9a9. Petitiqners 6 to I arp reqidentq of H.Nq.2{-61/1 , Briodivao Coigny, Near BGIA .,,RFSPQNqENTSIUVRIT FETIT!ONEF9 't0.1he State ot Telangana, rep. by its Principal qecretary tQ Govelnment ' Enoowment Depart?neni, s'ecrdtaiiat. Hydera6ed ' 1 1 . The Assistar.rt Commissioner, Endowmgnts Deparlment, Rangq 396q, District, Hyderabad. 't2.The $tation uouse Officer, Narsingi Pqllqe St?tion, fiarsingi, Rapga Reddy Diskicl. ...RE9PQNDEryJs/RESPoNDENT9 fetition under Section 151 9PQ praying that in the circumq_tanceg stated in the affidavit filed in support of the petitibn, itre Sign Court mav be pleased tg vacate'the interim orders paised in lA No.1 of 2022 ill W,P.No.3239 of 2022 dated 12-04-2022 dismiss the writ petition with costs as devoid of merits, in the interest of lustice. Counsel for the Petitioners: SRI N. MUKUNDA REDDY RAVI Counsel for the Respondent No.1 & 3: GP FOR ENDOWMENT Coqnsql for thg RepponCant tto.Z, 4 tg 6: GP FOR REVENUE Counsel for tlrg R_e-spondgnt flo.7; AP FqB HpME Counsgl for the Ptpposed Responfle;rt Ng.E q 9: M/s. K, RNINI Counsel fop tfie Regponflent t!o.1g & 11 : $Rl B. NARSING RAJ The csurt E+$e tg* follq)Qringr oBQ"..EB HON'BI,E SRI JUSTICE NAGESH BHEEMAPAKA WRIT PET ITION No -3239 of 2022 ORDER: This v,rit pctition is filed seeking a writ of manda mus declaring the proceedings in R'Dis'No D/4II2020' Outt"'1 19 '112 2t:)2l ' issued by the 3rd respondent-Assistant Commissioner' F'ndowments Departmenlul1cler Section 43 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 30 of 1987' regist'::ring the Hanuman 't'emple situated in Acs'4 11 guntas in Survey No.126lParL of Narsingi Village, Gandipet Mandal' Ranga Reddy District as an Lndowtnent Temple, as bad, arbitrary' illcgal' u'ithout jurisdiction. irnd contrary to the provisions of the said Act and consequentll' sctting aside the same in the interest ofjustice'

2. Tho petitioners are the absolute owners and poss0ssors of the agriculttrral dry land admeasuring Acs 4-11 guntas in Survey No.l26,/Part of Narsingi Village, Gandipet Mandal' Ranga Feddy District. har,ing obtained the same from their forefathers f'he pctitioncrs har e maintained and managed the Hanuman Templ; on a portion of ttre said land without interference from any respondent authorities. When the respondent authorities tried to interfer( ) with their posses.sion, the predecessors of the petitioners filed a suit in O.S.No.228 ol- 1991 for declaration of title and perpetual injurrction' t 2 and the same was decreed in favor of the petitioners vide judgment and decree dated26.ll.1996 in O.S.No.228 of 1991, passed by the II Additional Subordinate Court, Ranga Reddy District. The same attained finality, as no appeal was filed by the State. Since there is a hike in the market value of the subject land, despite the said judgment, the Endowments Department and the Revenue Department, in collusion with each other, sought registration of the said land under Section 43 of Act 30 of 1987 without conducting any inquiry or issuing any prior notice to the petitioners and issued the impugned proceedings No.Dl41/2020, dated, 19.02.2021, seeking registration of the temple land along with its documents in favour of the Endowments Department. Challenging the said proceedings, the petitioners filed the present writ petition

3. While ordering notice before admission, this Court directed for interim suspension of the impugned proceedings vide order datsd 28.01.2022.

4. Respondent No.3 hled a counter-affidavit denying the writ averments. He contended that the subject temple falls within the administrative jurisdiction of Respondent No.3 and that the day-to- day affairs of the temple are being carried out by the Incharge Executive Officer from time to time. It is submitted that, as per the pahanies of 1960-61, the temple land is classified as poramboke, J with possessiorl claimed as "Pocharamgutta' Narsingi (V) Devalayam," aud rvas recommended for cancellation of ORC lide procee<lings daLtecl 04.012019, issued by the Tahsildar' (iandipert lt is further contended that the petitioncrs did not arral' the suhject temple as a pe,rt) to the suit in O S'No 228 of l99l'-and therelbre' thc said judlgment is not binding upon the temple' He nce' Respondent N,r.3 sought the dismissal of the writ petition

5. 't'he petitioners have filed a reply affidavit stating that the suit schr:dulc property is private property and that the Endowmenls Department is in no way concerned rvith the said dispute. Since: the Mandal Revenue Officer attempted to interfere with the sub.rcct land, the petitioncr made the Mandal Revenue Offioer a part'/ to the suit. In fact, the appeal in A'S'No ql I of -1007' lrled against thc judgment and decree dated 26'11'199ti in O.S.No.228 c,f 1991 by the District Collector, was also dismissed vide judgmcnt and decrce dated 11'10'2007' Therefore' the petitioners sought to allow the writ petition as prayed f'rr"

6. Licard leamed counsel for the petitioner and leltrned Govemment Pleader for Endowments Penrsed the record'

7. While arguing the matter, leamed counsel fc'r the petitionel re)it:d upon a judgment of the High Court of Alrdfua 4 Pradesh in N.Veeraiah v- Stale of A-P-I Paragraph Nos.l4, 18,25 and 26 ofthe said judgment reads as follows: "Section 43(5) of the Act mandates an enquiry with opportunity to all persons having interest, to raise all necessary issues before the Assistant Commissioner. The issues that can be raised in such an enquiry would include the issues of whether the Insitution is a Chriritobte or Hindu Religious Institution or Endowment falling within the ambit of the Endowments Ait, the correctness of the details that are required to be set out, in the application under Section 43(4) and such other matters which have a bearing on the Institution. This would necessitate a notice to all persons having interest to put forth their views and objections relating to the regislration of the Institution and the details which are lo be registered. As the definition of a "person having interest" brings within its ambit a very large section of society, it would be appropriate for the registering authority to serve personal notice of the application on such persons that, to the knowledge and belief of the registering authority, answer the description of "person with interest" and a general notice, to all other persons having interest, by publication in the newspapers which are circulatid in the area where the Institution itself or the main office of the institution is located. The Registering authority after giving adequate time for objections to be filed and after considering the said objections would be required to register the Institution or reject the opplication of the tnutee or person in management the second respondent is illegal and it is accordingly quashed. The Act has created a special class of persons called "Persons having Interest". This class has been created in recognition of the fact that the persons falling in this class have a special right and interest in the functioning and management of these Institutions. In such circumstances the principle enunciated above would squarely apply to all persons having interest and they would also have the right to be heard after notice is given to them. Accordingly, the procedure set out above, for giving notice and hearing the persons having interest, in relation to proceedings under section 43 of the Act, would apply to proceedings under ,S€ction 44 also I 2021 scc online AP 3779 5

25. In the present case, there is no regisrrcttion uitder Section 43 or 41 of the Act antl publication uruler Secti'tn 6 lro, bn", taken up tlirectly without notice being given trt the irriiiourrc who are admiltedly in management of the temple. For all these reasons the impugned orders hat'e to he sct a; itle .

26. The procedure to be followed for Eirlour*nrti Act, 1987 can be summed up as follows: A1 i) where an application is made under Se'.:tion 13(41 o.t rhe Act, 1987, the registering authoritl' shall 'ssue personal nolice, to such persons having interest as are 'within the knowledge of the registeting authority and also publislt tr notice in the local newspdpers giving' all persons hoving interest in the institution, an opportuniry to pul-.forth their t,iews and objeclions. iil After affording an adequate opportunitl' to a.Ll ruch persotts, the registering authorily shall take a declsion 'whether the iniiitution has to be registered or not' IJ a clecision is taken to register the institution, titt regisltring authorih: shall register the same after fillitxg in all the necesso'ty cletails required under Section 43(1) o.f the Att' B) Where the registrtttion is carried out under Section 14 of the Act, the fotlowing procedure shall be " .followed: i) Tl'rc Jurisdictional Assistant Commiss'ioner tither ,uo nrolu or on such informalion that is given to him' shall give o t'eport to the Comntissioner, Endowfients detuiling ihe in.stititiort that requires to be registered ond the ames ef the person or persons, t'ho have failed to approoch the i:ontp,e'n'nr .htisdictional Assistant Commissioner under Sectbrt 43 of the Act. ii) Llpon such information being .given b " the Assisttxtt Commissioner, or being received J)'om any other source. lhe Commissioner shall issue notices wtder Fttrm-II to all persons, who are in default, to Jile an opplicati'tn for registrotion within the time given in the notice' iiil The Commissioner shall also issut notices 1o all perst)ns hoving interest in the institution eilher by v:ay of 'pet'son.al notii or by way of publication of the notice in the -locai news papers or both, giving opportunit!' to such persons lo put-forth their views and objections on the t)spect I . I I 6 a' of registration as well as the details which are to be contained under Section 43 (4) of the AcL iv) The Trustees, persons in management and/or the persons having interest are entitled to file their objections in relation to the question of whether the said Institution is liable to be registered and/or the details that are required to be included in the register under Section 43 of the Act. They may also place such material as they deem necessary before the Commissioner. After giving adequote opportuniry for all such objections to be filed, the Commissioner after considering these objections and material submitted by the objectors and after such enquiry as may be deemed fit, 2nd respondent to consider any further action only after issuing necessary notices to the petitioners and all such other persons having interest in the temple, by way of personal notice and by way of publication in the news paper. Any further decision taken by the Commissioner shall only be after giving an adequate opportunity of hearing, to the petitioners and persons having interest, as to why the temple should not be registered ond what are the details or alterations lo such delails that need to be entered under Section 43(4) of the Act.

8. From the above, it is clear that before registering the iand, the authorities, concerned i.e., Rndowments Department has to issue prior notice to the persons interested in the land and after giving an oppoftunity of hearing and giving opportunity to file their objections only, the Endowments Depiulment has to register the land in favour of the petitioners. In the instant case, no prior notice has. been issued to the petitioners.

9. In the present case, there is no registration under Section 43 or 44 of the Act and publication under Section 6 has been taken up directly without notice being given to the petitioners who a19, -.,-- a l i l I 7 admittedty in tnatragcment of the temple' For all 1fis55: reasons the impugned orders have to be set aside'

10. Thereforc. having regard to the facts and circumstances ol the case and also the law laid down by the Hon'ble Hrgh Court of Andhra Pradesh in N. Veeraiah (Supra)' this writ petition is liable to be allowed. I 1. Accordingty, this writ petition is allowed setting asidc the impugned proceodings No.D/4112020, dated 19 02'2021 issue''l by respondent No.3 as arbitrary and illegal' If the respondents havt any objection as rt:gards its possession they arc at liberty to take stcps in accordance with [aw. No costs. Consecluently, miscellaneous applications pending' if any' in this Writ Petition, shall stand closed. //TRUE COPY// SD/-A. SRINIVASA REDDY ASSISTANT REGTSTRARV/ SECTION OFFICER 2 1 J 4 5 6 7 "r., e n d owm e n ts De p a rtm e n t, R a n s a R ed d v The Princioal Secretary to Government Endowment Department, The State of Telangand, llecretariai, Hyderabad inJiiinciriar Secretary roG6r6rnment Revenue Department The State of Telanqand, ljecretariat, Hyderabad. fi ; A".;i ;I; ;irc o-rt Gt i o fi District. Hvderabad. irre oiitri6t 3ollector, Ranga Reddy District. ihe Revenue Divisional Officer, Rajendra Nagar, at Attapur' The Mandal R9venue Officer, Gandipet Mandal' tii; s;ti;; il;ii"'btti""r, District. 5;;Ec to sRt N. MUKUNDA REDDY RAVI, Advqcate tof ucl One CC to M1s. K. RAJlNl, Advo-cate IOPUCI - -- one CC to SRI B. NARSING BAJ, Advqqate I9PUUJ iiiJo 6Csio-Oi rOR eNpOWMerurS, 6ign e ourt for the State of Telangana. rOUTl ti,vo dcE to GP FQB REVENUF, High Cgurt tqr the state pf l'elangan? 12 t e t-Iv-o dCs to Gp FOB HOME, t-tigh Cqurt for the Stalg of lelangqna. [QUT] iroliie station, Narsinsi' llansa Reddv -N;isinsi TOUTI I o 10 11 \ To, OBN r HIGH COURT DATED:1710212025 I / ot TE(4 ',| \ 'r. C) Qt o ,$' s\ (\ \" c ,J9 *H i, * l !t '-, F ORDER WP.No.3239 of 2022 ALLOWING THE WRIT PETITION WITHOUT COSTS t 0b { k..