V. Prabhakar Goud, Sio. Vittal Goud v. {ti'
Case Details
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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not taking steps to appoint the petitioner as Chairman of the Trust Board to Sree Siddeshwara Swamy Temple, Algol Road, Zaheerabad town and Mandal, Sangareddy District, from among (5) trust board members of the said temple as constituted by the respondents vide proceedings No. F4161812025, dated 20-01-2025, as the petitioner alone being eligible for appointment as Chairman as being trust board member from founder family U/Sec. 17 (1) and Section 20(1Xb) of Endowments Act, 1987, as illegal, unlawful, contrary to law and consequently direct tire , respondents to appoint the petitioner as Chairman to the Trust Board of the above temple. IANO: 1 OF 2025 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 issue interim order directing the respondents to appoint the petitioner as Chairman of Trust Board to the Sree Siddeshwara Swamy Temple, Algol Road, Zaheerabad Town and Mandal, Sangareddy District from among the Trust Board members of the above temple as constituted by the respondents vide proceedings No. F4161812025, dated 20.01 .2025, by considering his pending representation dated O4-O1-2023 of the petitioner, pending disposal of main Writ Petition. Counsel for the Petitioner: SRI M.DAMODAR REDDY Counsel forthe Respondent No.1 to 3: SRI MANGILAL NAIK, GP FOR ENDOWMENTS Counsel for the Respondent No.4 & 5: SRI J.R.MANOHAR RAO, SC FOR ENDOWMENTS The Court made the following: ORDER ,:,) I THE HON'BLE SRI JTISTICE E.V. VENUGOPAL ORDER: WRIT PETITIO N No.274O oF 2025 This writ Petition is fired under Section 226 of constitution of India seeking the following relief/s:_ ".-. to issue an order or directron more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not taking steps to appoint the petitioner as Chairman of the Trust Board to Sree Siddeshwara Swamy Temple, Algol Road, Zaheerabad town and Mandal, Sangareddy District, from among (5) trust board members of the said temple as constituted bv the respondents vide proceedings No.F4/61a12025, dated 20.01.2025, as the petitioner alone being eligible for appointment as Chairman as being tllst board member from founder family U/Sec. 1711) and Section 2o(li(b) of Endowments Act, 1982, as illegal, unlawful, contrary to law and consequently direct the respondents to appoint the petitioner as chairman to the Trust Board o[ the above Temple, and pass such other order or orders ...,,
2. Heard. Mr.M.Damodar Reddy, Iearned counsel for the petitioner and Mr.Mangilal Naik, learned Government pleader for Endowments appearing for respondent Nos. 1 to 3.
3. Learned counsel for the petitioner submits that the respondents had constituted Trust Board to the subject Temple in which the petitioner is appointed as one of the Trustee from founder family and that his case is not being considered for appointment as Chairman, though the petitioner alone, being founder family member of the Trust Board is entitred for such post. I I 4 . Per contra, learne5f Government pleader submits that vide proceedings No.Fa/67812025, dated 2O.Ol.2O2S the petitioner 2 herein is appointed as Trustee and that as per Section 6O of the ,11! Act, a stipulated period of (60) days is ear marked for appointment of Chairman of the Board of Trustees. But the petitioner, rushed to the Court, at the premature stage and therefore, he seeks to dismiss this Writ Petition.
5. For the sake of convenience, Section 20(1) of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, "the Act") is extracted as hereunder:- "Section 2Ol1 I Chairman of the Board of Trustees:- ll]lblln tllc .ase of'Cha.itable and Religious institution or cndowmenl lor whrch a Board ol l'rustees is constituted under section 15, the members of the Board of TrlrsLees shall, \t'ithin such period not exceeding sixty days and in such manner as ma1' bc prescribed, elect from amongst themselves, a Chairman; and if no Chairman ir so clected within the prescribed period the Government in the case of a Boar<l of Trustees constituted under clause (a) of sub-scction {1) of section 15 and thc Commissioner in the case of any other Boald of Trustees shall nominate onc oI the mernbers as Chairman; (Ulwhere thc founder or a member of the family of the founder is.Lppolnted as Trustee. hc shall be the Chairman of the Board of Tmstees " Having regard to the submissions of both the learned 6 counsel and upon considering the fact that the stipulated period of sixty (60) days as enshrined under Section :lo(l)(a) of the Act, for appointment of Chairman is not yet lapsed, this Court is not inclined to entertain the Writ Petition and the same is devoid of merits and liabIe to be dismissed. I 3 7 . Accordingly, this Writ petition is dismissed. The petitioner is at liberty to work out the remedies as available under law, if cause survtves Miscellaneous petitions, pending if any, shall stand closed. //TRUE COPYII AS SD/. A.V.S.PRASAD NT REGISTRAR s CTION OFFICER \.o ,o, 1 2 5 One CC to SRt M.DAMODAR REDDY, Advocate [OPUC] One CC to SRt J.R.MANOHAR RAO, SC FOR ENDoWMENTS tOpUCI ],-,:f3#:frt"5ffR eruoowruENrS, Hish court ror the State or retansana
4. Two CD Copies BSR e- HIGH COURT DATED: 1010312025 I , ORDER WP.No.2740 of 2025 ,f. ,.^i\ J (-) 2 2 HAu 2[25 'i- \\ Pll z I OgsrrrcsgO a DISMISSING THE WRIT PETITION, WITHOUT COSTS t I I a I I I "{ r=- \,r A