High Court · 2025

The State of Telangana, Rep. by its Principal Secretary Endowments Department, Secretariat, Hyderabad. The Commissioner of Endowments, Government of Telangana, Boggulakunta, Tilak Road Hyderabad. The Assistant Commissioner, Endowment Department Nalgonda District. Sri Yogananda Laxmi Narasimhaswamy Temple, Rep. by its Executive Officer Arvapally, Jajireddygudem Mandal Suryapet District. Pandi Yadagiri, S/o.Venkatanarsu Aged about 55 years, Occ Farmer R/o.Parsaipally Village, Jajireddygudem Mandal Suryapet District. Kanuku Renuka, W/o.Krishnaiah Aged about 31 years, Occ Housewife Ri/o.Arvapally Village, Jajireddygudem A/andal Suryapet District. Akula Somaiah, S/o.Rangaiah Aged about 61 years, Occ Farmer R/o.Jajireddy Village, Jajireddygudem Mandal Suryapet District. Jeripothula Somaiah, S/o.Gopaiah Aged about 65 years, Occ Farmer R/o.Jajireddy Village, Jajireddygudem Mandal Suryapet District. Beerelli Sridhar Reddy, S/o.Janaki Reddy Aged about 40 years, Occ . Private Service Rl/o.Thimmapuram Village, Jajireddygudem Manddl Suryapet District. Anireddy Rajender Reddy, S/o.Ramakrishna Reddy Aged about 60 years, Occ Farmer R/o.Rammannagudem Village, Jajiieddygudem Manca Suryapet District.

11.Smt.Gaddam Kalyani, , W/o.ShekarAged about 32 years, Occ . Housewife Rl/o.Koduru Village, Jajireddygudem [\/andal Suryapet District. .,.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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of [\/andamus, declaring the action of the 2nd Respondent in constituting the Board of Trustees to the 4th Respondent Temple by appointing the Respondent Nos.5 to 11 as f\ilembers/Trustees vide its Proceedings No.F5/905/2025, dt 0910412025 without giving any opportunity of making applications by the petitioners and without issuing any fresh notification calling for appointment of Board of Trustees to the 4th respondent temple as illegal, arbitrary, unconstitutional and contrary to the provisions of Sec.'1 5 and 1 7 of the T.S. Endowments Act and consequently by setting aside the lmpugned Proceedings of the 2nd respondent No.F5/905/2025 dt.O8l04/2o25, direct the Respondent Nos.2 to 4 to ,issue afresh notification as per Provisions of Endowments Act by calling for applications to constitute the trust board to the 4th respondent Temple 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 Stay all further proceedings pursuant to the lmpugned Proceedings of the 2'd respondent No.F5/905/2025 dt.0810412025 including performance of the proposed oath ceremony as Board of Trustees by the 3'd Respondent to the 4th Respondent Temple on 1510412025 or any other subsequent date/dates, pending disposal of the above writ petition Counsel for the Petitioner: SRl. C. HARI PREETH Counsel forthe Respondent Nos. 1to3: SRI MANGILALA NAIK, GP FOR ENDOWMENTS Counsel for the Respondent No.4: SRI CH. SATISH KUMAR, SC Counsel for the Respondent Nos.5to7,8&9: SRI THOTA YAKAIAH, Counsel for the Respondent No.10: SRI D.Y.L.N. CHARYULU The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.11497 OF 2025 ORDER The present Writ Petition is fiied seeking the following relief: '....to iss1.{.e an dppropriate writ, Order or Direction, more particularlg one in the nqture of Writ ol Mand.a'mus, decldring the action ol the 2"d respondent in cotlstituting the Bodrd of T'r1,tstees to 4rh responde\t Temple bg appointiag resPondent IVos.s to 77 as Members/Trttstees aide its Proceedings Na.F5/9O5/2O25, dt.Oa.O4.2O25 toithout giving ang opportunitg of making applications bg the petitioners ond. without issting qag fresh n.otiftca'tion calling for qppointnent of Board oJ Trastees to the 4th respondent temple q.s illegal, arbitrdry, unconstitutional and contr@ry to the prouisions oJf Section 75 & 77 oJ the T.S. End.owments Act qnd consequentlg bg setting qside the Impugned. Proceedings of the 2"d respondent No.F5/9O5/2O25 dt.Oa.O4.2O25, direct respond.ent Nos.2 to 4 to issue o..fresh notiJicdtion as Per Prouisions oJ Endowments Act bg calling for sPPlications to constitute the tr-ust board to the 4th respondent TemPle in the interest of justice, and to pass such other ord.er or ord.ers qs this Coura deems lit qad ProPe" it the circum.stqnces of the case....'

2. Heard Mr.C.Hari Preeth, learned counsel representing petitioners, Mr.Mangilal Naik, learned Government Pleader for Endowments representing respondent Nos.l to 3, Mr.Ch.Satish Kumar, learned standing counsel for respondent No.4. Mr.Thota Yakaiah, learned counsel for .- 2 EW,J w.P.No-11497 oJ 2025 respondent Nos.5 to 7 and Mr.D.Y.L.N.Charyr-rlu, learned counsel for respondent No. 10. Perused the record

3. Learned counsel representing petitioners submits that initially 2.d respondent herein issued notilication on

70.1O.2024 calling for applications from the eligible persons to be appointed as Board of Trustees to the 4th respondent temple and the said issue was delayed for various reasons, further, the petitioners \.\,.ere considered for appointment as. Committee Members only for the Brahmotsavams Period and accordingly, vide Proceedings Rc.No.F5/996/2O2O dt.23.O7.2025, the petitioners were appointed as Committee Members to 4th respondent temple to hold the office from 08.02.2025 till 25.02.2025 for smooth functioning of the administration of 4*' respondent temple to perform the Brahmotsavarns

4. Learned counsel further submits that subsequently the appointment of the petitioners was challenged by loth respondent herein in W.P.No.236l of 2025 before this Court questioning the constitution of temporary committee with the petitioners by 2"d respondent to perform ---.- J EVV,J W.P.No.11497 ol2025 Brahmotsavams alleging that without issuing any Notification, 2"d respondent appointed the petitioners as Festival Committee Members, which is contrary to Section 15 & 17 of Endowments Act. He further submits that on consideration of the relevant issues and on material, this Court vide Order date 06.02.2025 while upholding the temporary constitution of committee, dated 25.O1.2025 for performing the Brahmotsavalu with the members, while disposing of the Writ Petition directed the official respondents to expeditiously finalize the constitution of regular committee.

5. Learned counsel further submits that 2"d respondent herein has kept the earlier notification issued on lO.lO.2024 without implementing the same and Temporary Committee was appointed with the petitioners

25.OI.2025 and therefore, the said Notification, dt. 10.10.2024 was no longer in force. He further submits that many of the persons could not apply for membership as Boa-rd of Trustees earlier pursuart to the initial notification, dt.l}.lO.2024 and subsequently, in view of the 4 EW,J w-P-No.11497 ol2O2S - directions of this Court in W.p.No.236 1 l2O2S, dt.O6.O2.2O25, 2"d respondent was under obligation to issue fresh notification calling for applications from all the eligible persons to be considered and appointed as Board of Trustees so that a,ll the eligible persons can be appointed. Since, the earlier notification dt.l}.lO.2024 was not acted upon and subsequently, a tempora_ry committee was constituted with the petitioners, petitioners could not have a11y opportunity of appl)tng for appointment as Board of Trustees and as the petitioners had the opportunity of serving the Temple as Committee Member for a short period.

6. Learned counsel further submits that by virtue of the orders passed by this Court, 2"a respondent instead of issuing fresh notification caling applications from alr the eligible persons, acted unilaterally and appointed respondent Nos.S to 11 as Board of Trustees to the 4Lh respondent temple vide proceedings No.F5/905/2025, dt.08.04.2025 pursuart to the earlier Notification, dt.l}.lO.2024, which was ignored and 5 EW,J sl.P.No.11497 oJ 2025 cancelled by appointing the temporary committee on

25.01.2025 for short period arrd therefore, this action of the 2"a respondent, without issuing the fresh notification pursuant to the directions of this Court, dt.O6.O2.2O25, considering the candidature of respondent Nos.S to 11 in pursu€rnce of the initial notification, dt. lO.lO.2O24 and appointing them as Board of Trustees to the 4th respondent Temple vide impugned Proceedings, dt.08.04.2025 is absolutely illegal and contrary to the Section 15 & 17 of the T.S Endowments Act: 7 . Learned counsel further submits that this Court never observed in its order dated 06.02 .2025 in W.P.No.236l /2025 that 2"d respondent should only consider the applications of the persons, who applied earlier under notification dt. lO.lO.2024 but 2"d respondent unilaterally appointed respondent Nos.5 to 11 without giving opportunity of making applications by the petitioners and also by all the eligible candidates and therefore, the appointment of respondent Nos.S to 1 1 being contraqr to the Provisions of Section 15 & 17 of T.S. Endowments Act 6 EV'l,J w.P.No-11497 oJ 2025 - as the procedure contemplated under the provisions of Act and Rules are not followed and therefore, the impugned Proceedings are absolutely contrary to law and against the principles of natura-l justice. Therefore, he seeks to direct 2'd respondent to issue the notihcation afresh by calling for applications artd constitute Trust Board a-fresh to 4th respondent temple. He further submits that till date respondent Nos.S to 11 have not taken the oath and anytime 3'd respondent may initiate action to organize the oath ceremony U/s.i9 of the Act bypassing the procedure contemplated under Section 15 & 17 of the Act' Hence' he seeks indulgence of this Court.

8. Learned Government Pleader for Endowments appearing for respondent Nos.1 to 3 submits that in order to constitute Trust Board to certain Temples/institutions' the Commissioner, Endowments Department, T'G'' Hyderabad vide R.C.NO. F4 ll284Bl2024' dated lO-lO-2O24, requested the Assistant Commissioner' Endowments Department, Nalgonda to take necessary action for causing publication of the said notifrcation in 7 EW,J W-P-No.I1497 oJ 2025 any newspaper of (local language) as envisaged under proviso to rule (4) of Appointments of Trustees Rules, 19g7. He further submits that the Assistant Commissioner, Endowments Department, Nalgonda vide its letter dated

10.IO.2024 in R.C.No.S/5354 12024 directed the Inspector of Endowments Department, Nalgonda District and Executive Officer of the Subject Temple to afhx the notification on their respective notice boards. In compliance to the said letter dated lO .lO .2024 in R.C.No.S/5354/2024, the Inspector, Endowments Department, Nalgonda Division submitted a letter dated

24.1O.2024 in Rc.No.Insp/TB/Bgr/2024, stating that notification dated 10. lO.2O24 in R.C.NO. F4 lt2B48/2024 was affixed on 15.7O.2O24 on the notice boards of subject institution, Grampanchayathi of Arvapally village, Thasildar Office, Jajireddygudem Mandal and Assistant Commissioner of Endowments Department, Nalgonda District. He further submits that vide letter dated 05.l)..2024 in R.C.No.S/5354/2024 the Assistant Commissioner, Endowment Department, Nalgonda, directed the Inspector, Endowment Department, Nalgonda 8 EVY,J W.P.No.11497 oJ 2025 - District to submit the artecedent reports of the interested applicants to appoint non-hereditar5r trust board to Sri Yogananda Laxminarsimha Swamy Devasthanam situated at Aravapally Village. He further submits that paper publication was given in Sakshi daily neu,spaper dated 1,1.1O.2024 of Nalgonda District edition. He further submits that the antecedents report dated 08.01.2025 was submitted to the Commissioner by the Assistant Commissioner through R.C.No.S/5354 12024 dated O9.O1 .2025, as such the appointment of the respondent Nos.S to 1 1 was made strictly in accordance with law. He further submits that only four persons have taken oath out of 7 and rest of the trustees are yet to take oath, further, the persons who have taken the charge are ofhciating as trustees to the 4rh respondent temple. Considering the said facts, learned Government pleader for Endowments appearing for respondent Nos. 1 to 3 and standing counsel for respondent No.4 in one voice submits that the respondent Nos. 1 to 4 have strictly adhered to the provisions of Section 15 and 17 of the T.S.Endowments Act. Therefore, they seek to dismiss the Writ petition. I 9 EW,J W.P-ND.11497 oJ 2025

9. Having heard the all the respective 1earned counsel and perusing the material available on record, this Court is of the considered view that notification has been issued by the ofhcial respondents as envisaged under proviso to rule (4) of Appointments of Trustees Rules, lgBZ as contempiated under provisions of Section 15 & 17 of the T. S. Endowments Act, as such the Writ petition is misconceived and liable to be dismissed.

10. With the above observation, the Writ petition is dismissed. Miscellaleous Petitions, pending if any, shall stand closed. oT //TRUE COPY// SD/- B. REKHA RANI il-; ASSISTANT REGISTRAR SEcTIoNIFFICER 1 '1 . The Principal Secretary Endowments Department, Secretariat, 2. The Commissioner of Endowments, Government of Telangana, T.S.,Hyderabad. Boggulakunta, Tilak Road Hyderabad.

3. The Assistant Commissioner, Endowment Department Nalgonda District. 4. One CC to SRl. C. HARI PREETH, Advocate [OPUC] 5. Two CCs to GP FOR ENDOWMENTS ,High Court for the State of Telangana at Hyderabad [OUT]

6. One CC to SRI. CH. SATISH KUMAR, SC [OPUC] 7. One CC to SRl. THOTA YAKAIAH, Advocate [OPUC] 8. One CC to SRl. D.Y.L.N. CHARYULU, Advocate [OPUC] 9. Two CD Copies BM HIGH COURT DATED:3010412025 ORDER WP.No.11497 of 2025 () =o 2_ t ( oF.l-t€ s t1 1 6 JUt 2025 ()) a lU 1-: 'l ;:.- rvy)):" DISMISSING THE WRIT PETITION WITHOUT COSTS