✦ High Court of India · 16 Apr 2025

High Court · 2025

Case Details High Court of India · 16 Apr 2025
Court
High Court of India
Decided
16 Apr 2025
Bench
Not available
Length
1,052 words

Cited in this judgment

Sri P. Ravi Shastry, S/o Late Sri. P.S. Kumar, Aged about 37 years, Occ ; Hereditary Trustee Cum Pujari of Mahankali Temple, Rl/o. Lal Bazar, Tirumatgherry, Secunderabad -01 5. AND .....PETIT|ONER '1 . The State of Telangana, rep.by its Principal Secretary Endowments Department, Telangana Secretariat, Secretariat Building, Hyderabad, Telangana State.

2. The Deputy Commissioner of Endowments, O/o.Endowments Dept., Boggulakunta, Hyderabad, Telangana State.

3. Sri Mahankali Temple, Lal Bazar, rep., by its Executive Officer, O/o Dhana Lakshi Sonubhai Temple, Ameerpet, Hyderabad, Telangana State. .....RESPONDENTS 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 action of 2nd respondent in issuing impugned notice vide Rc.No-A2/3452 /2016 dated 06-04-2017 inviting application for appointment of trustees by interfering the peaceful management of this petitioner in the capacity of hereditary trustee cum pujari of Sri Mahankali Temple having income of below two lakhs which is contrary to the provisions of section 29 a 34 read with section 144 of act 30/1987 as amended act 33l2OO7 by violating order of Hon'ble Apex Court reported in AIR'1997 SC 3702 by discriminating the rights of this petitioner as hereditary trustee cum pujari of Sri. Mahankali Temple is illegal and contrary to the act 3011987, consequenfly may be direct to the respondents Nos.1 to re-examine the entire issue with relevant records and appoint this petitioner as Single Trustee for the subject lnstitution. l.A.NO:1 OF 2017(WPMP. NO: 19432OF 20171 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 kept in abeyance the impugned nolice vide Rc.No:A2 1345212016 dated 06-04-2017 inviting application for appointment of trustees by interfering the peaceful management of this petitioner in the capacity of hereditary trustee cum pujari of Sri tvlahankali Temple having income of below two lakhs, pending disposal of the above writ petition. |.A.NO:6 OF 2017 Between:

1. The State of Telangana, rep.by its Principal Secretary Endowments Department, Telangana Secretariat, Secretariat Building, Hyderabad, Telangana State.

2. The Deputy Commissioner of Endowments, O/o.Endowments Dept., Boggulakunta, Hyderabad, Telangana State. ....PETITIONERS/RESPONDENTS AND

1. Sri P. Ravi Shastry, S/o Late Sri. P.S. Kumar, Aged about 37 years, Occ ; Hereditary Trustee Cum Pujari of Mahankali Temple, Rl/o. Lal Bazar, Tirumalgherry, Secunderabad -01 5.

2. Sri l\/ahankali Temple, Lal Bazar, rep., by its Executive Officer, O/o Dhana .....RESPONDENT/PETITIONER Lakshi Sonubhai Temple, Ameerpet, Hyderabad, Telangana State. (RespondenVRespondent No.2 is not necessary party in this petition) .....RESPONDENTS/RESPONDENTS Petition Under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Coud may be pleased to vacate the interim orders dt. 24.10.2017 in WPMP.No. 19432 o'f 2017 in W.P.No. 15784 of 2017 and dismiss the writ petition with costs as devoid of merits. Counsel for the Petitioners : SRI PAVAN KUMAR PUJARI Counsel for the Respondent Nos.1 & 2 : SRI MANGILAL NAIK, GP FOR ENDOWMENTS Counsel for the Respondent No.3 : SRI K.JAGAN MOHAN REDDY The Court made the following ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.15784 OF 2OL7 ORDER: This writ Petition is filed under Article -226 of constitution of India seeking the following relief/s:- ' .. to tssue a rvriL, or order or direction more particularly one in Lhe nature of t,rit of mandamus declaring the action of 2n,trespondent in issurng impugned lroticc vide Rc.No.A2/345212016 dated 06 O4_2O17 invrting applicarion lor appointment of trusLees by interfering the peaccful managcment o[ this petitioner in the capacity of hercditary trustee cum pujari of Sri Mahankali Tcmpie having incomc of below two lakhs which is contrary to the provisions of section 29 & 34 rcad with section 144 ofact 30/1997 as amended act 33/2OO7 by violating order of Hon,ble Apex Court reported in AIR 1997 SC 37b2 h" drscriminating thc rights of this petiLioner as hereditary trustee cum pujari oI Sri Mahankali Temple is illegal and contrary ro Lhe act 30/i9a7, consequently mav bc direct to thc respondents No.l Lo re examine thc entire issue with relevant records and appoint this petittoner- as Single Trustee for the sublect lnstitution and to pass other suitable order or ordcrs .._" \ t

2. Heard Mr.Pavar Kumar puj ari, learned counsel for the petitioner, Mr.Mangilal Naik, learned Government pleader for Endowments appearing for respondent Nos.1 and 2 and Mr.K.Jagan Mohan Reddy, learned Standing Counsel appearlng for respondent No.3.

3. Learned Government Pleader for Endowments and learned Standing Counsel for respondent No.3, in one voice, submit that as per Section 17 (21 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, l9B7 (for short, ,,the Act"), every trustei: appointed under Section 15 of the Act shall hold office for a term of one year from the date of taking oath of .-\,Bffi| \ '1]'ira \.. i:it:l*.. 2 office ald secrecy. In the case on hand, the stipulated period of one year is completed ald hence, the cause in this Writ Petition does not survive for adjudication. Therefore, learned counsel seek to dismiss this Writ Petition as infrr-rctuous.

4. Recording the submissions of learned Government Pleader for Endowments and iearned Standing Counsel for respondent No.3, this Writ Petition is dismissed as infructuous leaving it open to the petitioners, to work out the remedies as available under law. No costs. Miscellaneous Petitions, pending if any, shali stand closetrl' //TRUE COPY// SD/-V.KAVITHA DEPUW REGISTRAR ECTION OFFICER at Hyderabad, [OUTI

1. Two CCs to GP FoR ENDoWIMENTS, High Court for the State of Telangana z. one'cc io snipnvAr.r KUMAR PUJARI, Advocate tol^u-g]^. 5. o;; cc to snt K.JAGAN I\iloHAN REDDY, Advocate IoPUC] 4. Two CD CoPies To SA/BSK W, I I HIGH COURT DATE D: 1 610412025 ORDER WP.No.I5784 of 2017 slA Ir 7 ($ r- C) t 2 7 JUI'I 2U5 t I!',s r.r^ T ajrir' DISMISSING THE W.P AS INFRUCTUOUS WITHOUT COSTS. \o : i i I I i I

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