High Court · 2025

State of Telangana, Represented by its Principal Secretary, Endowment Department, Telangana secretariat, Lower Tank Bund Road, Hyderabad. The Commissioner, Endowment Department, State Of Telangana, Bogulkunta Hyderabad Sri Yellamma Pochamma Devasthanam, represented by its Assistant Commissionei And Executive Officer Balkampet, Hyderabad ' Sri Santoshi Mata Cleaning, Works Jepresented by its Proprietor Aniparti Bikshapathi, S/o Not Known to the Petitioner, aged about Major, Occupation. Business, Residing at LBS Nagar 10-B-1907, Near Hanuman Nagar Temple Fatehnagar, Balanagar, Hyderabad-500018 ...RES'ONDENTS Petition under Article !26 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, Order or Direction more in the nature of the Writ of Mandamus declaring the action of the Respondents more specifically the Second and the Third Respondent in seeking to allot the right to maintain the toilets in the Bonala Complex at Sri Yellamma Pochamma Devasthanam, Balkampet, Hyderabad-500038 to the Fourth Respondent pursuant to the Tender Notification no. 55630.09125.2.2.412025,O.dated 27.2.2025 contrary to the rights of the Petitioners as being arbitrary and contrary to the provisions of Article 14, 19 and 2'1 of Constitution Of lndia and consequently set aside the Tender Notification 55630 09125.2.2.412025, O dated 27.2.2025 lA NO: 't 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 be to direct the Second and the Third Respondent to continue the Petitioners in the maintenance oi the toilets in the Bonala Complex of the Third-Respondent Temple, pending disposal of the writ petition, as otherwise the Petitioner would suffer grave and irreparable loss Counsel for the Petitioner: SRl. SRIKANTH HARIHARAN Counse! for the Respondent Nos. 1&2: SRI MANGILAL NAIK, Counsel for the Respondent No.3: SRI CH. SATISH KUMAR, SC GP FOR ENDOWMENTS Counsel for the Respondent No.4:- The Couh made the following; ORDER I THE HON'BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.9383 OF 2025 ORDER: This Writ Petition is filed under Section 226 of Constitution of India seeking the following relief/s:- '... to issue a Writ, Order or Direction more in the nature of the Wril of Mandamus declaring the action of the Respondents mo.e specilically the Second and the Third Respondent in seeking to allot the right to maintain thc toilets in the Bonala Complex at Sri Yellamma Pochamma Devasthanam, Balkampet, Hyderabad - 5O0O38 to the Fourth Respondent pursuant to thc Tender Notincation no.55630.O9/25.2.2.4 I 2025, O.dated 27.2.2025 contrary to the rights of the Petitioners as being arbitrary and contrary to the rights of the Petitioners as being arbitrary and contrary to the provisions of Article I 4, 19 and 2l of Constitution Of India and consequently set aside the Tendcr Notification 55630.09/25.2.2.4/2025, O dared,27.2.2025 and pass such otht-'r and further orders ..."

2. Heard Mr.Srikanth Hariharan, learned counsel lor the petitioners and Mr. Mangilal Naik, learned Government Pleader for Endowments appearing for respondent Nos.I and 2

3. The brief facts of the case are that petitioner No. 1 was providing scavenging and cleaning services in respondent No.3- Temple for the past 50 years; that before petitioner No.1 took over the scanvenging services in the Temple, the husband of petitioner No.2 was also providing scavenging services for the devotees of the Temple; that the husband of petitioner No.2 passed away on

12.O3.2021 ; that vide Tender No. 14 / SYPD /20 17 dated i 2. I .2017 respondent No.3 wanted to allocate the right of providing scavengrng servlces and maintenance of toilets for procurement of house keeping at Pilgrim complex of respondent No.3 Temple. -) - It is stated that the said notification was challenged by petitioner No.2's husband and petitioner No. l inW.p.2T42 of 2OlT whictl ended up, in dismissal on 07.03.2017. Challenging the same, W.A.No.414 ol 2017 was preferred before the Honble Division Behch of this Court and petitioner No. I and husband of petitioner No.2 were being continued in the scavenging services in the toilets. Therefore, petitioner No.l and husband of petitioner No.2 withdrew the W.A. Whileso, respondent No.3 issued tender notification dated 22.o2.2o2s calling for tenders for maintenance of bathrooms in the Temple, without publishing the said Tender in Telanga Gazette as is required under Section gO of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987. Aggrieved by the same, the petitioners preferred the present Writ Petition.

4. Learned counsel for the petitioners submits that in the name of Tender notification, the petitioners who are rendering their services from several decades will be neckecl out of the subject Temple and would sufier huge monetarv loss and hildship to eke out their livelihood' Therefore, he seeks to pa.ss appropriate orders' .,)

5. Learned Government Pleader submits that in the name of maintenance, no rights are conferred upon the petitioners herein and due to day to day increase in the number of pilgrims, impugned notilication has been issued, per la\ /, to provide facilities to the devotees. Therefore, he seeks to dismiss the Writ Petition

6. Having regard to the submissions of both the learned counsel, this Court deems it appropriate to dispose of the Writ Petition, at the stage of admission, by directing the petitioners to file an appropriate application, before respondent No.2 averring their pathetic condition. Upon filing such application, respondent No.2 is directed to consider the same and pass appropriate orders, as per larn,, keeping in view the fact that the petitioners' families have rendered services in the subject Temple from past several years. Till such time, the impugned notification stands suspended. Misceilaneous Petitions, pending if any, shall stand closed. To, //TRUE COPYII SD/.K. AMMAJI r\- DEPUTY REGISTRAR \\ srcrtoru oFFtcER \t

1. The Principal Secretary, Endowment Department, Telangana secretariat, Lower Tank Bund Road, T.S.,Hvderabad.

2. The Commissioner, Endowmeni Department, State Of Telangana, Bogulkunta Hyderabad

3. Oire CC to SRl. SRIKANTH HARIHARAN, Advocate [OPUC] 4 Two CCs to GP FOR ENDOWMENTS ,High Court for the State of Telangana 5 One cC to SRI CH SATISH KUMAR, STANDING COUNSELIOPUC] 6 Two CD Copies at Hyderabad [OUT] W BAl ^c\ HIGH COURT DATED:2810312025 ORDER WP.No.9383 of 2025 l ttc SIr/ ( ,,,. 01 l'lAY 2[25 O6SPAIC nEg D z a.! {- /' DISPOSING OF THE WRIT PETITION AT THE ADMISSION STAGE WITHOUT COSTS 0 I V\