High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances staled in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action.of the Respondents 3 and 4 in trying to evict the Petitioner who is a Founder Family Member of Sri Sri Sri Mata Munulapati Veerapitchamamba from the premises of the institution Sri Sri Sri Mata Munulapati Veerapitchamamba, Hanmakonda, Warangal without following due process U/ s. 83 of the Telangana Charitable and Hindu Religious lnstitutions and Endowments Act, 1987 and pending the C.M.A. No. 1155 ol 20'18 beforethis Honble Courtfiled against rejection of the application O.A.No.'101 oI 2017 by the Telangana Endowments Tribunal filed U/s. 87(1Xh) of Telangana Charitable and Hindu Religious lnstitutions and Endowments Act, 1987 as illegal, arbitrary, violative of l principles of natural justice, violative of provisions of Telangana Charitable and Hindu Religious lnstitr-rtions and Endowments Act, 1g87, exploitation of powelr and post, colorable exercise of power, violative of Articles 14,25,26 and 300A of the Constitution of lndia. lA NO: 1 OF 2022 Petition under Section '151 CPC praying that in the circumstances stafed in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents 3 and 4 not to interfere with the possession and enjoyment of mafiagement, managing the affairs of the Sri Sri Sri Mata. Munulapati Veerapitchamamba by the Petitioner without following due process as contemplated under the provisions of relangana charitable and Hindu Religious lnstitutions and Endowments Act, 1987. lA NO: 2 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to further extend the interim orders granted by this Hon'ble coun first time on 2810112022 in lA.No.'1 ol 2022 until further orders. lA NO: 3 OF 2022 Between:

1. The State of Telangana, Endowment Department, Rep by its principal Secretary Telangana Secretariat at Hyddrabad

2. The Commissioner, Endowment Department 3. The Deputy Commissioner, Endowment Department Hanamkonda District 4. The Assistant Commissioner, Endowment Department, Hanamkonda District AND Adluri Janardhan S/o. Late Sri. A Shankaraiah, aged 46 years, Occ: Founder fq1]V tvtemUer, Sri Sri Sri l!a!a Munulapati Veeripitchariramba R:/o. H.No.7_ 1-390, . Laxmip-uram, Sri Sri Sri Mata Munulapziti Veerapitchamamba, Hanamkonda, Warangal ..RESPONDENTS/RESPONDENTS petition under section i51 cpc prayins ,rr,;"T:::,:,"rtll::tl::J: the affidavit filed in support of the petition, the High court may be pleased to vacate the lnterim Status Quo orders dt.28.01 .2022 passed in lA.No.1l2O22 in WP.No.3577l2O22 and to dismiss the WP. Counsel for the Petitioner: SRI T SURYA SATISH Counsel for the Respondents: SRI MANGILAL NAIK, cp FOR ENDOWMENTS The Court made the following: ORDER I THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.3577 OF 2022 ORDER-: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/ s:- "... to issue a writ, order or direction more particularly one in tlte nature of writ of mandamus declaring tie action of the Respondents 3 & 4 in trying to evict the Petitioner who is a Founder Family Member of Sri Sri Sri Mata Munulapati Veerapitchamamba from t}te premises of the institution Sri Sri Sri Mata Munulpati Veerapitchamamba, Halmakonda, Warangal witiout following due process U/s.83 of the Telangana Charitable and Hindu Religious Institutions & Endowmentr Act, 1987 and pending the C.M.A.No.1155 of 2018 before this Hon'ble Court filed against rejection of the application O.A.No.101 of 2Ol7 by the Telangana Endowments Tribunal filed U/s.82(i)(h) of Telangana Charitable and Hindu Religious Institutions & Endowments Act, 1987 as illegal, arbitrary, violative of principtes of natural justice, violative of provisions of Telangana Charitable and Hindu Religious Institutions &b Endowrnents Act, 1987, exploitation of power and post, colourable exercise of power, violative of Articles 14, 25, 26 & 3OOA of the Constitr.rtion of India and to pass such other order(s|...'

2. Heard Mr.T.Surya Satish, learned counsel for the petitioner arrd Mr.Mangilaf Naik, learned Government Pleader for Endou,rnents appeat-ing for respondents.

3. Learned counsel for the petitioner submits that the application submitted by the petitioner seeking to declare him as the founder family member of Sri Sri Sri Matha Manula Pati Veera Pichamamba Temple was dismisse<l vide order dated 21.08.2018 in O.A.No.1O1 of 2Ol7 on the file of the learned Telangana Endowments Tribunal, at Hyderaba{ 2 Against which, C.M.A.No.1155 of 2018 is preferred before the erstuhile High Court of Andhra Pradesh, which is pending adjudication

4. Learned counsel for the petitioner states that pendirig Appeal, respondent No.4 had issued notice dated 30.1O.2021 directing the petitioner herein to vacate the subject Temple and hand over the premises to respondent authorities, else the petitioner would be subjected to criminal prosecution, which is abuse of process of law. Hence, he seeks to allow the Writ Petition.

5. Learned Government Pleader submits that the founder family member of the subject Temple had executed General Power of Attorney in favour of the petitioner herein. Pursuant thereto, the petitioner is acting as the founder family member of the subjept Temple. He submits that by virtue of the said G.P.A. the petitioner will not accrlre any right to discharge the functions as founder family member of the subject Temple and it is not valid as per the provisions of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 30/1987. He further contends that unless and until the petitioner is recognized as the founder family member, ol the --/ 3 subject Temple under Section 87 of the Act either by the appropriate forum or by the Commissioner, Enrlowments Department, he is not entitled to act as founder family member.

6. Learned Government Pleader by filing counter allidavit/vacal.e stay application further submits that the petitioner by residing in the room of the subjecl. Temple, creating obstacles to the devotees and public; that as per Agama Sastra, the priest or any other person cannot have right to reside u,ith his family within the compound wall of the Temple. Therr:fore, respondent No.4 issued the impugned notice 3O.lO.2O2l to the petitioner, seeking him to vacate the premises of the Temple. Stating thus, he seeks to dismiss this Writ Petition

7. A perusal of the record shows that this Court vide order dated 28.01.2O22 directed that status quo as on today shall be maintained until the next date of hearing.

8. Having regard to the submissions of botll the learned counsel, this Court, without making any observations on the rights of the petitioner to act as the founder family member of the subject T'emple, is of the opinion that, evi<:ting the I t 4 petitioner from the subject Temple' pending C'M'A'No' 1155 of 2olsbeforethecompetentCourt,isagainsttheprinciplesof natural justice. Therefore, this Court deems it appropriate to set aside the notice dated 30'10'2021 issued by respondent No.4. 9 Accordingly, the Writ Petition is allowed' No costs' Miscellaneouspetitionspending'ifany'shallstand closed. //TRUE COPY// SD/. L. VIJAYA LAXMI ANT REGISTRAR / ,/ SECTIO N OFFICER Telang ana Secretariat at Hyd erabad

1. The PrinciPa I Secretary, The State of Telangana, Endowme nt DePartment, 2. The Commissioner, Endowment DePa rtment 3. The DePutY Commi SSIONer, Endowme nt Department Hanam konda District 4. The Assistant Commissioner' Endowment DePartment, Hana mkonda District UCI 5. OneCCto SriT rth e State of Telangana, at CCs to GP 6. Two Hvd erabad [OUTI Satish, Advocate owments toP , High Co urt fo . Surya for End \ To, CD Co pres

7. Two q TJ LS HIGH COURT DATED:2810312025 ORDER WP.No.3577 of 2022 O i. .,1 I i t:yi ,,. Ila.f ,)\4). -.: ..- ALLOWING THE WRIT PETITION WITHOUT COSTS C,OT', Y^" B.