✦ High Court of India · 06 Feb 2025

WRIT PETITION NO: 2361 0F 2025 v. Telangana Hyderabad

Case Details High Court of India · 06 Feb 2025
Court
High Court of India
Decided
06 Feb 2025
Bench
Not available
Length
1,104 words

1. The State of Telangana, Rep by its Principal Secretary, Endowment 2. The Commissioner of Endowments, Bogulkunta Tilak Road, State of 3. The Assistant Commissioner, Endowment Department, Nalgonda District. 4. Sri.Yogananda Laxmi Narasimhaswamy Temple, Arvapally, Jajireddygudem 5. !$u!hy Venkat Reddy, S/o.Sriram Aged about 50 years, occ.Business, Mandal, Suryapet District, Rep by its Executive Officer. N/o.Thimma_pur.Villagg, Jajireddygudem Mandal, SLryapet District, presenfly Residing at Hyderabad.

6. Erupula Venkanna, S/o.Veeramallu, Aged about 45 years, occ.Agriculture, _ 8/o Arvlpally Village, Jajireddygudem-Mandal, Sury'apet District.- 7. Bachati Praveen Kumar, S/o.Somaiah Aged about 35 years, occ. Agriculture, - Rl/o.Kommala Village, Jajireddygudem Mandal, Surya[et District, B. Dirsinapu Krishnamurthy, S/o.Venkaiah Aged abouf 5b years, occ. Business, - $io Arvapa!ly Village, Jajireddygudem Mandal, Suryapet District. 9. Danda Venkatreddy, S/o.Narsireddy Aged about 45 y6ars, occ. Agriculture, . Rl/o. Persaipa!ly t/illagg, Jajireddyguderi Mandat, Suryapei Districtl 10. Pasham Rekha, Wo.Sridhar, Aged about 35 years, oci. Agriculture, (gf rvapally Village, Jajireddygudem Mandal, Suryapet District. Fi/o.Arvapally Village, Jajireddygudeh tvtandat, Suryapet O'",nllhrrroro."r, 1 1. Sri.Ragi Anil Kumar, S/o.Kankachary Aged about 4-b years, occ. Business, Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any order or direction writ or writs more particularly on in the nature of WRIT OF MANDAMUS declaring the action of the Respondents No.2 and 3, in constituting the Festival Committee vide roc.No.RC. No. F5/996/2025 D|..2310112025 to the Respondent No.4 Temple without following the due procedure as per Section 15, 17 of Telangana State Charitable and Hindu Religious lnstitutions and Endowments Act 'l gB7, without consisting the Regutar Committee as per the Notification Dt..10.10.2024 is illegal, arbitrary consequenfly to set-aside the proc.No.RC.No.F5/996/2025 Dt.23ro1t2o25 direct the Respondent No.3 to forwa rd the proposar in pursuance of Notification Dr'10r'10/2024 and further direct the Respondent No.2 to appoint Regurar Committee to the Respondent NO.4 Temple 1A NO: 1 oF 2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to Suspend the proc.No.RC.No.Fstgg6r2o2s Dt.23to1t2o2s issued by the Respondent NO.2 in respect of the Respondent NO.4 Temple by appointing Respondent NO.5 to 1.1 pending disposal of the writ petition Counsel for the petitioner: SRI D. y. L. N. CHARYULU Counsel for Respondent Nos. 1 to 3: Gp FOR ENDOWMENTS Counsel for Respondent No. 4: SRI J. R. MANOHAR RAO Counsel for Respondent Nos. 5 to 11 : __ The Court made the following: ORDER J HON'BLE SRI JUSTICE NAGESH BHEEMAPAXA WRIT PETITI oN No.2361 of2025 ORDER: Respondent No.4-Sri Yogananda Laxmi Narasimhaswamy Temple is said to be governed under the Telangana Charitable Religious Endowments Act. It is stated that respondent Nos' 2 and 3 used to constitute Trust Board, with 7 members, for the respondent No.4-Temple for the purpose of maintenance and conducting of festivals such as Brahmotsavam. Respondent No'2 issued Notification dated 10. lO.2O24 for constituting the Trust Board, and accordingly called for applications from the aspirants' Petitioner submitted an application in response to the Notification. It is stated that all the formalities for constitution of Trust Board were completed, except that orders respondent No'2 are due. It is atleged that respondent No.2, without any Notification or following the procedure prescribed under the Act, made a recommendation for appointment of a Festival Committee, proposing narnes of respondent Nos.5 to 11' It is further alleged that respondent No.2 has no powers under Sections 15 and 17 of the Act to constitute any such Festival Committee, bypassing the procedure for constitution of a Regular Committee.

2. Heard learned counsel for the petitioner ald learned Government Pleader for Endowments. Perused the record.

3. Learned counsel for the petitioner, while making submissions on the lines of writ affidavit, would mainly contend that the process of constituting a Regular Committee under Sections 1 5 and 17 of the Act is almost complete except for passing necessa-ry orders by respondent No.2, and that being the position the constitution of a Festival Committee vide proceedings dated 23.01.2025, for the impending Brahmotsavalu is not supported by any power or authority under the Act and ttrerefore seeks to set aside the impugned proceedings dated 23.0L.20525.

4. Learned Government Pleader for Endowments, basing on the instructions received from the Executive Officer- respondent No.4-Temple, and a,lso the Assistant Commissioner Endowments Department, would contend that, by the impugned order, a temporary body was established solely to ensure smooth and harmonious conduct of Brahmotsavalu without any delay, and that the Endowments Department acted responsibly and in good faith and impartially, for the purpose of fulhlling its duty of overseeing the religious event from Oa.O2.2O25 to 25.02.2025 ft:-: only, and that the action was undertaken in the best interests of the temple and communit5r

5. Having considered the respective submissions, and taking on record the submissions made by the learned Government Pleader, basing on the written instructions that due to the urgency of the situation, a temporary body with the sole job of overseeing Brahmotsavalu religious event scheduled from Oa.O2.2025 to 25.O2.2025 is constituted, this Court is inclined to dispose of the writ petition with a direction to respondent authorities to expeditiously finalize the constitution of Regular Committee, preferably within two weeks from the date of receipt of a copy of this order, with a further direction to desist from the practice of constituting tempora-ry committees for religious events.

6. Accordingly, the writ petition is disposed of with the above direction. No costs. Consequently, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed To, //TRUE COPY// SD/.P. GOWRI SHANKAR ASSISTANT REGIStrRAR /v SECTION OFFICER I

1. The Principal Secretary, Endowment Department, State of Telangana,

2. The Commissioner of Endowments, Bogulkunta Tilak Road, State of Secretariat Hyderabad. Telangana Hyderabad.

3. The Assistant Commissioner, Endowment Department, Nalgonda District. 4. The Executive Officer, Sri.Yogananda Laxmi Narasimhaswamy Temple, Arvapally, Jajireddygudem Mandal, Suryapet District. I E 6 B MBC BS rffif 3J",#rr.""lJ,."Jf #Jlla 9,is335;ili R ManoharRao, dvocate IOPUCI nrgh Court for ie State of Telangana. Advocate(OpUC) s \ \ HIGH COURT DATED :0610212025 ,., ..; ,/) 2 1 rEts ?_0[ i:- -.ll ' : ..- I ) 1( \ I / ORDER WP.No.2361 of 2025 I I DISPOSING OF WRIT PETITION WITHOUT COSTS re{ e.l $

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