SRI M v. L. SRINIVAS

The Executive Officer, Sri tMallikarjuna Swamy Temple, Current Office Road, Karanbagh, Saidabad, Hyderabad-5OOO59 ...RESPONDENTS Petition under Article 226 ot the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, direction, or order, more particularly one in the nature of writ of f\rlandamus declaring the action of the 2nd respondent in issuing the proceedings RC.No.c2l 1033ol2o21dated 2Blo3l2o22 in not accepting of the request of the petitioners to hand over the [\rlanagement of sri tt/allikarjuna ':y Swamy Temple, Current Office Road, Karanbagh, Saidabad, Hyderabad-500059 back to the earlier body/Adhoc Committee from the Department of Endowments is highly illegal and unjustified and with a direction to the Respondents to hand over the Management of Sri fi/lallikarjuna Swamy Temple, Current Office Road, Karanbagh, Saidabad, Hyderabad-500059 back to the earlier bodyiAdhoc Committee from the Department of Endowments. lA NO: 1 OF 2022 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 direct the respondents to hand over the Sri lrlallikarjuna Swamy Ternple, Current Office Road, Karanbagh, Saidabad, Hyderabad-500059 back to the earlier body/ Adhoc Committee from the Department of Endowments by suspending the operation of the impugned proceedings RC.No.C2l1033012021 , dated 28.03.2O22 in not accepting of the request of the petitioners to hand over the Management of Sn Mallikarjuna Swamy Temple, Current Office Road, Karanbagh, Saidabad, Hyderabad-500059 back to the earlier body/ Adhoc Committee from the Department of Endowments. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circJmstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent not to appointment of Trustees to the Sri lVallikarjuna Swamy Temple, Current Office Road, Karanbagh, Saidabad, Hyderabad-500059 though as per the notification dated 01-03-2024 in the Eenadu News paper Wp is filed to hand over the l\,4anagement of Sri fr4allikarjuna Swamy Tenrple, Current Office Road, Karanbagh, Saidabad, Hyderabad-500059 back to the earlier body/Adhoc Committee from the Department of Endowments the respondents. Counsel for the Petitioner: SRI M. V. L. SRINIVAS Counsel for the Respondent Nos.1 to 4: SRI MANGILAL NA[( ADDITIONAL GP FOR ENDOWMENTS Counsel for the Respondent No.S: SRI C. SATISH KUMAR, SC FOR ENDOWMENT The Court made the following: ORDER I I I I I I I I I i l i I I I , THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL IVRIT PETITION No.2O216 OF 2O22 ORDER: The Writ petition is filed seeking the following relief: ". ..to issue a n appropiate Wit direction or Ord.er more particularlg one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing the proceedings RC.No.C2/ 1O33O/2O21, dated 28/O3/2022 in not accepting of the request of the petitioners to hand ouer the Management of Sn Mollikarjuna Stuamg Temple Current Office Road Karanbagh Saidabad Hgderabad-Sooo59 back to the earlier body/ Adhoc Committee from the Deportment of Endotuments is highlg illegal and unjustifi-ed and tuith a direction to the respondents to hand ouer the Management of Si Mollikarjuna Stuamy Temple, Current Offi.ce Rood Karanbagh Saidabad Hyderabctd 500059 back to the earlier body/ Adhoc Committee from the Deportment of Endowments and pass..."

2. Heard Sri M.V.L. Srinivas, learned counsel for the petitioners and Sri Mangilal Naik, learned Additional Government Pleader for Endowments appearing for respondent Nos.l to 4 and Sri C.Satish Kumar, Standing ,7 .;*\ 2 EVV,J v/.;.N.;air6 a;;b i i Counsel for Endowments appearing for respondent No.5. Perused the material available on record.

3. Learned counsel for the petitioners submits that since the income of the temple does not exceed Rs.2,00,000/-, it does not fall within the amtrit of Section 6-C of the Teiangana Charitabie and Hintlu Religious Institutions and Endowments Act, 1997. Her:.ce, he seeks to allow the petition by setting aside the impugned proceedings in RC.No.C2 I lO33O I 2021, dated 28.O3.2022

4. On the other hand, learned Additional Government Pleader for Endowments submits that the deposits of the temple are less than Rs.2,00,000/-. He further submitted that report was submitted by respondent r\o.4 to that extent and therefore, cause in the writ petition does not survive for adjudication. Hence, seeks to disrniss the writ petition.

5. Having heard learned counsel for the petitioner and learned Additionai Government Pleader and perused the I \ T -t ,r.F.tua io; t; c;; ,a;; "t'J record, it is apparent that the income of the temple, which is registered under Section 43 of the Act, is less than Rs.2,00,0O0/-. Hence, considering the peculiar facts and circumstances of the case, without expressing any view on the merits of the case, this Court is inclined to direct the petitioners to approach the Endowrnent Tritrunal and raise all the grievances which are available under law.

6. With the above direction, this Writ petition 1S disposed of. Miscellaneous petitions pending, if any, shall stand closed SD/.S. MALLIKARJUNA RAO //TRUE COPY// ASSISTANT REGy'STRAR / fhu:L sEcTlpN oFFtcER ,/ o, 1. The Secretary, Endowment Department, The State of Telangana, Hyderabad 2. T.he Commissioner, Endowment Department, Bogulkunta, Tilak Road, Hyderabad

3. The Deputy Ccmmissioner, Endowment Department, Bogulkunta, Tilak Road, Hyderabad

4. The Assistant Commissioner, Endowment Department, Bogulkunta, Tilak Road, Hyderabad

5. The Executive Officer, Sri lVlallikarjuna Swamy Temple, Current Office Road, Karanbagh, Saidabad, Hyderabad-500059

6. One CC to Sri IVl. V. L. Srinivas, Advocate tOpUCl 7 . Two CCs to GP for Endowments, High Court for the State of Telangana, at Hyderabad [OUT]

8. One CC to Sri C. Satish Kumar, SC for EndowmenttOpuc] 9. Two CD Copies s J i l ; i I I I I I |' 1 I l I i ', I : HIGH COURT DATED:2310412025 ORDER WP.No.2O216 of 2022 .. ..\ \,,(. .\1. .i ,. I I sEP XEi D, - --':f a-:i \. \-;-_,l-- . --;-'/ 2' .| -:, \,, DISPOSING OF THE WRIT PETITION WITHOUT COSTS \)- ,v{