✦ High Court of India · 05 Mar 2025

High Court · 2025

Case Details High Court of India · 05 Mar 2025

4. Sri Anianeva Swamy Temple' Thippaipally village, rep , by its Executive officer for group of temple Office at Sri Venkateswara swamy temple Vallabanagar at Wanaparthy town and 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing impugned auction notice as issued by the 4th respondent vide letter No. SIUS il'DLY/2023, dated gl5t2o24 for holding publrc auction of the lease hold rights 01 tt^e temple lands in Sy.No. 322 admeasuring Ac11.02 guntas and 32211 admeasu ing Ac12 03 guntas at Tippaipally village Pebbair firlandal Wanaparthy District on 7 05 2024 at about 11.30am, though the lease hold rights of the petitioner in 'r:;pect of the said temple land is being protected under section 82 of Telang'rra Charitable and Hindu Religious lnstitutions and Endowments Act '1987 as the''' ;tre small farmers, as illegal, unlawful, contrary to section 82 of Act '1987 and cor :('quently direct the respondents to continue the petitioners as tenants above tet rple land subject to their payment of lease amount as stipulated under section 82 ,f Act '1 987. |.A.NO:1 OF 2024 Petition Under Section 1 51 CPC praying that in the circ tnlstances stated in the affidavit filed in support of the petition, the High Court ray be pleased to issue interim order directing the respondents stay of all fur h()r proceedings in pursuance to the impugned auction notice as issue by the 'ltl respondent vide lelter No. SMST/TDLY/2023, dated 9.5.2024 for holding p.rbic auction of the lease hold rights of the temple lands in Sy.No. 322 admeasu lng Ac'1 1.02 guntas and 32211 admeasuring Acl2.03 guntas at Tippaipally villar)e Pebbair Mandal Wanaparthy District or-r 17 .05.2024 at about '1 1.30am by conti uing the lease hold rights of the petitioners in respect of the said temple lands s blect to payment of lease amount as prescribed under section 82 of Telangana () ':,ritable and Hindu Religious lnstitutions and Endowments Act 1987, pending c rF)osal of main writ petition. |.A.NO:2 OF 2024 Between: Sri Anjaneya Swamy Temple, Thippaipally village, rep., by its Ex,:c utive officer for group of temple Office at Sri Venkateswara swamy temple Vallal r lagar at Wanaparthy town and District. ...PETITIOINER/l:lE SPONDENT No.4 AND 1, Anjaneyulu Goud, S/o. Late Sayanna, aged abr. -rl 60 years, Occ Agiiculiure, R/o. Thippaipally village, Pebbair lrilandal, Aranaparthy District 2. Govindu, S/o. Buchanna, aged about 52 years, O.,: Agriculture, R/o Thippaipally village, Pebbair ltilandal, Wanaparthy Dist'ic t. 3 a a I 3 -,? trdll :rllr--_' ' ..r/ .i : iiixr-. Irf,rtt

3. Beechupally, S/o. Gopal, aged about 41 years, Occ Agriculture' R/o' Thippaif ally village. Pdbbair It/andal, Wanaparthy District.

4. Nethula Venkataiah, S/o. Mashanna, aged about 56 ye.arsr Oc9 Agii.rltrr", R/o. Thippaipally village, Pebbaii Mandal, Wanaparthy District' 5. A. Sudhakar Goud, S/o. Late A. Bhagwanth Goud, aged aboul 50 years' - O"" Agriculture, iio. Thippaipally village, Pebbair Mandai, Wanaparthy District.

6. A. Buchanna Goud, S/o. Narayan Goud' aged about 52 years, Occ Agriculture, R/o. Thippaipally village, Pebbair Mandal, Wanapart hy District 7 Nethula Gouraiah, S/o. Late Beesanna, aged about 33 years, Occ ngii"rltrr., Rlo. thippaipatly village, Pebbair Mandal, Wanaparthy District' Chitvamma. D/o. Late Beesanna, Wo. Chinnaiah, aged about 28 years' oCC] Agii",-iltrte, R/o. Thippaipaliy village, Pebbair Mandal, Wanaparthy Diskict. N. tVlahendar, S/o- Late Shivudu, aged about 20 years, Occ Agriculture' Rlo. Tfrippaipatly vitlage, Pebbair NIandal, Wanaparthy District I B .....RESPONDENTS/PETITIONERS '10. The State of Telangana, Rep. by its Principal Secretary, Endowment Department, Secretariat, Hyderabad.

11.The Commissioner, Endowments, Govt. of Telangana, Hyderabad' 1 2. The Assistant Commissioner, Endowments, Mahabubnagar, lvlahabubnagar District. PROFORMA RESPONDENTS/RESPONDENTS 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 Vacatetheorderspassedinl.A.No.1of2024inW.P.No.13339of2024'Dt.- 16 04.2024 in the interest of justice. |.A.NO:3 OF 2024 Between: .l . The State of Telangana, Rep. by its Principal Secretary, Endowment Department, Secretariat, Hyderabad.

2. The Commissioner, Endowments, Govt. of Telangana, Hyderabad' 3. The Assistant Commissioner, Endowments, Mahabubnagar, Mahabubnagar District. AND ....PETITIONERS/ RESPONDENTS Rl to R3 1 2 Anianevulu Goud. S/o. Late Sayanna, aged about 60 years-, Occ Agiicutiure, R/o. Thippaipally village, Pebbair Mandal, Wanaparthy Distrrct Govindu, S/o. Buchanna, aged about 52 years, Occ Agriculture' R/o inippaip'atty village, Pebbair Mandal, Wanaparthy District' a a a a 4 U r R/o Ag ricu Beechuoallv, Sio. Gopal, aged about 41 years' O::;' Thippaiially village, Pebbair tt/tandal, Wanaparthy Dislr ': Nethula Venkataiah, S/o. tVlashanna' aged abo. t 56 years Occ Agriculture, R/o. Thippaipally village, Pebbair [vlandal, ''l ]naparthy lJrstrrct el about 50 years, andal, WanaparthY

5. A. Sudhakar Goud, S/o. Late A Bhagwanth Goud, a Occ. Agriculture, R/o. Thippaipally village, Pebbair l'' District.

6. A. Buchanna Goud, S/o. Narayan Goud, aged at' ;r-t 52 yearl 9.c9 - ngri"ritui" R/o Thippaipally viilage, pebbair tr/andal, rvanaparthy District. 7. Nethula Gouraiah, S/o. Late Beesanna' aged abr u 33 years, Occ Agii"rltrt", R/o Thrppaipally village, Pebbair Mandal. rVanaparthy District. B. Chityamma, D/o. Late Beesanna, Wo Chinnaiah, 'l ."1 ?qoyl,11I91L:: Occ. Agriculture, R/o. Thippaipally village, Pebbair n landal, Wanapartny District.

9. N. Mahendar, S/o. Late Shivudu, aged about 20 yea-s Occ' Agriculture' - ilo. tnippripally village, Pebbair Mandal, Wanaparthv i istrict .....RESPONDENTS/F|E fITIONERS 1 to 9 (are nol necessary Parties) AND Sri Anianeva Swamv Temple, Thippaipally village, rep-' by its Ex':cutive offlcer for grorb'oi t"rpt" Offi6e at Sri Ven(ateswaia swamy temple Vallal a ragar at Wanaparthy town and d istrict. .... RESPONDENT.R-4 Petition Under Section 151 CPC praying that in the t; rc umstances stated in the affidavit filed in support of the petition, the High court nray be pleased to vacate the lnterim or<jer passed in l.A No. 1 of 2024 in w.P No. 13339 ot 2024, dt. 16.O5.2024 and also dismiss the Writ petition and pass Counsel for the Petitioners : SRI C.DAMODAR REDDY, ADVI)()ATE FOR SRI SREE SHYLAM KASULA Counsel for the Respondent Nos.1 to 3 : GP FOR ENDOWMI::i\ITS Counsel for the Respondent No.4 : SRI J.R.MANOHAR RAC The Court made the following ORDER a t a a a #4.-ff '. l:...i,:.att r -!E- HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 13339 of 2024 ORDER: This Writ Petition is frled seeking the following relief: "lo issue an order or directnn tnore particuLarLg one in the rtature of Wft of Mandamus declaing the oction of the respondents irl lssuing impugrred auctiort notice as lssued by the 4th respondent uide letter NI.SMST/TDLY/ 2023 dated 9/5/2024 for hotding public ouction of the lease hold ights of the temple lands itt Sg.No.322 admeasuing Ac.11.O2 guntas orLd 322/ 1 adneasuing Ac.12.O3 gurltas at Ttppaipallg vilLage, Pebbair Manda| Wanaparthy Distict on 17.05.2024 qt abouL 11:30am though the lease hold rights of the petitioner in respect of the said temple tand is being protected under section 82 of Telanrgona Chaitqble and Hindu Religious Instihttions and Endowmais Act 1987 os theg are sma\l farrners as illegaL, unlawfit| cotLtrary to sectton 82 of Act 1987 and coftsequentlA direct tLLe respondenk to continue the petittoners as tenonts abaue temple lattd subject to their pagment of lease attlount as sttpuloted under sectjort 82 of Act 1987."

2. Learned Government Pleader for Endowments, appearing for respondent Nos. 1 to 3, submits that cause in the writ petition does not survive as the auction was conducted, and leasehold rights of the subject temple lands were allotted to the successful bidder.

3. Recording the said submission, the Writ Petition is dismissed as infructuous. No costs. Miscellaneous petitions pgnding, if any, shall stald closed. //TRUE COPY// D SD/-P, H. AGABHUSHAMBA UTY REGISTRA

1. Two CCs to GP FOR ENDOWIMENTS, High Court for at Hyderabad. [OUT] One CC to SRI SREE SHYLAM KASULA, Advocate [OPU One CC to SRI J.R.MANOHAR RAO, Advocate (OPUC) Two CD CoPies ( S CTION OFFICER State of Telangana To 2 a 4 SA BS HIGH COURT DATED:0510312025 ORDER WP.No.13339 of 2024 ' t.. r. !:.- i 13 r[r ut a .Sr ra T.^. r ! DISMISSING THE W.P AS INFRUCTUOUS WITHOUT COSTS. ./t ./< /za /.{r

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