High Court · 2025

2. The C"ommissioner Endowments, Endowments Department, Dharmik Bhavan, e. ifr6"nsst. Commissioner of Endowments, (Endowments Department) O/o The Asst. Commissioner of Endowments, Mahaboob Nagar, Mahaboob Nagar District. +. Sri. Venkateshwara Swamy Temple, rep.by its alleged Founder Trustee, M D Jayasimha S/o Late. M D 6adrinarayana Rao Aged 55 years R/o Peddadinne Viliage,ltikyalMandal,Jogulamba-GadwalDistrict. ...RES'ONDENTS 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 a writ, or order or direction more particularly one in the nature of writ of Mandamus declaring the actions of 4th respondent, issuing the lmpugned Auction Notice vide Letter No. 4/SVST/2025 daled 22-02-2025 issued by alleged Founder Trustee of sri. Venkateshwara swamy Devastanam situated at Peddadinne Village of ltikyal Mandal, Jogulamba-Gadwal District, for conducting the action of agriculture land admeasuring Ac. 17-32 Guntas in Sy.No' 237 situated at Peddadinne village of ltikyal Mandal, Jogulamba-Gadwal District, "r, which belongs to 2nd applicant Eeshwara Swamy Temple of peddadinne Village. is illegal, arbitrary and contrary to law, by setting aside the same with a direction not to interfere in the subject land, in the interest of justice. lA NO: 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 suspend the lmpugned Auction Notice vide Letter No: 4/SVST/2025 dated 22-02- 2025, pending disposal of the above writ petition. &' \. i Counsel for the Petitioners: SRI PAVAN KUMAR PUJARI Counsel for the Respondent Nos.1 TO 3: SRI MANGILAL NAIK, Gp FOR Counsel for the Respondent No.4: SRI CH.SATISH KUMAR, SC FOR ENDOWMENTS ENDOWMENT The Court made the following: ORDER 1 THE HON'BLE SRI JUSTTCE E.V. VENUGOPAL WRIT PETITION No.8 638 0F 2025 ORDER: This Writ Petition is filed under Section 226 of Constitution of India seeking the following relief/s:- '...to issue a writ, or order or direction more particularly one in the ,rrt ." of Writ ot Mandamus declaring the actions of 4th resPondcnt' i"""i"g af," Impugned AucLion Notice vide ktter No: 4/SVST/2025 of sri' iired' zz-oz-ziczB issued bv allcged Founder- -Trustee Swamy Devastinam situated at Peddadinne Village of v"rrt "t "ir*^.. r,LlfrJ ftl."a"f, Jogulamba-Gadrval District' for conductrng the action of .g.i"rft ." Iand admeasuring Ac IT 32 Guntas.in Sy'Y: 237 situated at Peddadinne Village of lti"kyal Mandal' Jogulamba Gadwal District' *ni"t U"forrg" to 2nd applicant Eeshwara Swamy Temple of Peddadinne Viff^g., o ilLgal, arbilrary and contrary to law' by settinq aside the same with a direction not io interfere in the subject land' in the interest ofjustice and may pass such other order or orders as this Hon'ble Court may deem fit andpioper in the circumstances of the case "

2. Heard Mr.Pavan Kumar Puj ari, learned counsel for tl.e petitioners, Mr.Mangilal Naik, learned Government Pleader for Endowments appearing for respondent Nos'1 to 3 and Mr.Ch.Satish Kumar, learned standing counsel for Endowments appearing for respondent No'4' 3 petitioner Nos. 1 Learned counsel for the petitioners submits that the arrd 2 are the archakas of the petitioner He further submits that petitioner No.3 temPle. No.3/temple is having "Kidmathi Inam land in Sy'No'237 Guntas, situated at Peddadinne admeasuring Ac.17-32 Villa& of Itikyal Mandal, Jogulamba-Gadwal District' l 2 \ --:b.;g*.--- I :.rttEls L& _. q'-^t * -. r,4 \' \ \l --

4. He further submits that in the year of 20 11, the a\ 4th respondent temple represented by its alleged Founder Trustee, by misrepresenting arrd suppressing the facts, got managed to enter the name of the 4th respondent temple pertaining to land in Sy.No.237 admeasuring Ac.l7 32 Guntas as "Venkateshwara Swamy Temple" by deleting the name of the Eeshwara Swarny Temple in Pahani Patrikas and the petitioners brought the same to the notice of M.R.O of Jukvala Maldal, and after inquiry, the M.R.O. issued endorsement conhrming that the land in Sy.No.237 admeasuring Ac.17.32 Guntas belongs to Eeshwara Swamy Temple and also addressed letter to the R.D.O of Gadwal Maldal for entering the name of "Eeshwara Swamy Temple in place of 4th respondent temple in pahani patrika. While the matter stood thus, the 4th respondent temple, the alleged founder trustee, without having any manner of right, issued the impugned auction notice claiming that the land in Sy.No.237 admeasuring Ac.l7 -32 Guntas belongs to 4th respondent temple, which is detrimental to the rights. of the petitioners. / 3

5. He further submits that in the line of succession, the d. petitioners are cultivating the subject larrd by performing the Archaktwam in "Eeshwara Swamy Temple" as per Section 744 of the Act. 3O/ 1987 which is the only source of livelihood. The subject temple's arrnual income is below Rs. 10,OOO/-. He further submits that the rights of the petitioners would be curtailed if the said auction is permitted to be allowed. Hence, he seeks to allow the Writ Petition.

6. Learned Government Pleader for Endowments submits that the petitioners approached this Court with unclean hands. By relying upon the proceedings issued by the Sub Collector in Form III dated 28.10.1991, he further submits that occupancy rights have been conferred upon Sri Venkateshwara Swamy Diety of Peddadinne Village, assailing the same, the petitioners herein filed an appeal before the Joint Collector, Mahabubnagar in Appeal.No.F2 l+/2OOl and the sarne was dismissed by the Joint\Collector on 23.O3.2003, pursuant to the said orders, the Joint Collector the Founder Trustee has taken over the 4 entire temple larids and the administration of the temple' He further submits that the founder trustee issued the impugned notification calling for interested bidders for leasing out the temple lalds ald conducted auction on

71.03.2025 in accordance with Act 3O of 1987. He further submits that the said auction is not yet finalized. Therefore, he submits that the Writ Petition is misconceived and seeks to dismiss this Writ Petition. 7 . Having regard to the submissions of both the learned counsel, this Court is of the considered view that the impugned notice was issued on the basis of the rights conferred upon 4th respondent and hence, this Court finds no perversity in the said impugned order. Since the auction period is for one year, the cause in this Writ Petition doesn't survive for adjudication. B. Accordingly, the Writ Petition is dismissed. The petitioners are at liberty to work out the remedies as available under law. :i 5 Miscellaneous Petitions, pending if any, shall stand clo sed. \ I /- MOHD. ISMAIL / UTY REGISTRAR T' SD DEP /,TRUE COPY// SECTIO FICER To 1 2 3 4 PSK. PSK ?*:33Ji.:3f 'A"iE,SMft LY+$},ff t%xX?iPln:31"'"orreransana' 3#'33?331,8'Y1'o,,t' KUtvrAR' sc FoR END.*MENT toPUCl Two CD CoPies ?$- HIGH COURT DATED:2410312025 ORDER WP.No.8638 of 2025 I. .16 SEP zrl5 * Pa;f ,_ '. DISMISSING THE WRIT PETITION WITHOUT COSTS q A_ 2) 6 \