✦ High Court of India · 10 Mar 2025

High Court · 2025

Case Details High Court of India · 10 Mar 2025
Court
High Court of India
Decided
10 Mar 2025
Bench
Not available
Length
1,057 words

AND '1 State of Telangana. rep. by its Principal Secretary, Revenue Department 2. Commissioner, Endowments Department, State of Telangana, Hyderabad 3. Deputy Commissioner, Endowments Department, Hyderabad. 4. Asst. Commissioner, Endowments Department, Nizamabad. 5. Sri Laxmi Narayana Swamy Temple, Devi Road, Nizamabad, rep. by its

6. Sri Radheshyam Jaju, Founder Trustee Sri Laxmi Narayana Swamy Temple, Founder Trustee Devi Road' Nizamabad ...RES,.NDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction preferably a Writ of Mandamus declaring the action of the 2nd respondent in not taking appropriate action on the 4th and 6th respondent for not spending any amount for the development of the temple and not meeting any expenditure for the festivals of the subject deity and not furnishing the information asked for by the petitioner vide letter dt. 28.4.2017, inspite of directions from the 3rd respondent as being illegal, arbitrary, violative of the provisions of the A.P. Charitable and Hindu Religious lnstitutions and Endowments Act and also violative of Art. 14 of the Constitution of lndia and consequently direct the 2nd respondent to forthwith act upon the said representation dt. 3.1.2018 and furnish the information asked for by the petitioner in his representations. I I I lA NO: 1 OF 2019 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 forthwith deposit the rents collected from the 7 shops situated in the premises of the 5th respondent temple, pending disposal of the above public interest litigation Counsel for the Petitioner: SRI I.GOPAL SHARMA Counsel for the Respondent Nos.1 TO 4: SRI MANGILAL NAIK, GP FOR ENDOWMENTS Counsel for the Respondent Nos.S & 6: - The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.17416 OF 2019 ORDER: This Writ Petition is filed under Section 226 of Constitution of India seeking the following relief/s:- '... to issue any appropriate writ, order or direction preferably a Writ of Mandamus declaring the action of the 2nd respondent in not taking appropriate action on thc 4th and 6rh respondent for not spending any amount for the development of the temple and not meetinq any expenditure for the festivals of the subiect deity and not furnishing the information asked for by the petitioner vide letter dated, 2a.O4.2017, inspitc of direcrions from the 3 respondent as being iltegal, arbitrary, violative of the provisions of the A.P. Charirable & Hindu Religious lnstitutions and Endowments Act and also violative ofArt. 14 of the Constitution of India and consequently direct t}te 2nd respondent to forthwith act upon the said represenrarion dared 03.01.2018 and furnish the information asked for by the petitioncr in his representations and to pass such further or othea orders ..." Heard Mr.l.Gopai Sharma, learned counsel for

2. petitioner and Mr.Mangilal Naik, learned Government Pleader for Endowments appearing for respondent Nos.l to 4.

3. Learned counsel for the petitioner submits tl-rat the petitioner addressed a ietter dated 28.04.2017 to respondent No.4/Assistant Commissioner, Endowments Department, Nizamabad seeking information under the Right to Information Act, 2005 (for short, "RTI Act"). Respondent No.4, vide letter dated 25.05.2017 advised him to obtain all the informarion irom respondent No.6. Aggrieved thereby, the petitioner preferred an Appeal on 08.O7.2917 belore respondent No.3 seeking directions to respondent No.4 to furnish information; the petitioner had_also I I ,) addressed a letter to respondent No.6 to furnish the information vide letter dated 11.O9.2017 and 04.11.2017. Respondent No.6 vide letter clated 03.11.2017 informed that the information sought by the petitioner is personal and stated that the petitioner had no locu s standi to ask for inforr,nation. 'Iherefore, the petitioner onr:e again approached respondent No.3 and brought all the facts to his notice. Pursuant thereto, respondent No.3 directed respondent Nos.4 and 6 to furnish information. Subsequently, the petitioner fiied another application before respondent No.4 enclosing letter of respondent No.3. Vide letter dated 15.12.2O17 respondent No.3 once again directed respondent No.4 to take necessarJi action. Since, there was no response from respondent Nos.5 and 6, the petitioner submitted another reprr:sentation to respondent No.2 seeking to furnish certain information. But the same is kept pending. Therefore, he submits that several irregularities are committed by respondent No.4 and 6 and that the money intended to be spent for subject Temple is being misused, which is abuse of process of law. Therefore, he seeks to pass appropriate orders.

4. Per contra, learned Government Pleader submits that the petitioner, instead of preferring an appeal before the concerned ( 3 authority to ventilate his grievance, approached this Court under Article 227 of Constitution of India. Stating thus, he seeks to dismiss this Writ Petition.

5. Having regard to the submissions of. both the learned counsel, this Writ Petition is disposed of, directing respondent Nos.2 and 4 to furnish the information as sought for by the petitioner, AS expeditiously AS possible, strictly in accordance u,ith lau.. Miscellaneous Petitions, pending if any, shall stald closed. //TRUE COPY// SD/-K. AMMAJI PUTY REGISTRAR SECTION OFFICER

1. Principal Secretary, Revenue De partment (Endowm nts) Secretariat, sst. C Commissioner. Endowments Department, H yderabad omm tsstoner Endowments Department, Ni zamabad Hyderabad, State of Telan gana. Commissioner, Endowme nts Department, State of Telangana, Hyderabad D A One CC to SRI l.GO PAL SHART\4A, Advocate [OPUC] Two CCs to GP at Hyderabad. I Two CD Copies FO R ENDOWMENTS, High Court foithe State of Telan gana, ouTl I I To 2 J 4 5 6

7. PSK. BS I I I HIGH COURT DATED:1UA3n025 ORDER WP.No.17416 o12019 I ( o(. 1 r{L j a o 02 t4N M ? L) A t SpaTCH EO * DISPOSING OF THE WRIT PETITION WITHOUT COSTS I \-t

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