High Court · 2025

Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a writ' order or direction' more particularly a Writ of Mandamus' declaring that the action of the 4th respondent in issuing the Proceedings in Form-I, under Rule 4 ('1)' vide Rc No A2l1603/2022' dated 12'042022'issued under Sub-Section (2) ot S""tion 15 of the Telangana Charitable and Hindu Religious lnstitutions and Endowments Act' 1987 (Act No 30 of 1987)' calling for the applications for Trusteeship in the Form No 2 of Sub Section (3) of Section 17 of the Act, in the name of Sri Keshav Swamy Temple' Jiyaguda' Asifanagar trilandal. HyderaberJ, -eceived by the petitioner, as illegal, improper, arbitrary, unjust, contrary to the provisions of the Act No. 30 of 1987 and the rules framed there-under, uncor )sti1L tional and set aside the same, and const:quentially to declare that the 'espondents have no power or authority in any manner to proceed with either forrning of Trust Board or calling for Trusteeship in the name of Sri Keshava Sw:rmy Temple, pursuant to the impugned Proceedirgs tn Rc. No. A211603/2022, dat,, d 1I 04.2022, issued by the 4th respondent. lA NO: 1 OF 2022 Petition undr,r Section 151 CPC praying that in the circumstarces stated in the affidavrt filed in supl>ort of the petition, the High Court may be pleased to stay of all further procei: drncs, pursuant to the Proceedings in Rc. No A21160312022, dated 12.04.2022, rssuerd by the 4th respondent, including the conslitution of the Trust Board or call rg fc,r Trusteeship in the name of Sri Kesava Swamy Temple, is concerned, pendilg ,lisposal of the above writ petition. lA NO: 3 OF 2022 Between: Sri Kashi Vihwanath Seva Trust, Registered repsented by its President J Suresh Lal Chowdary s/o.J.Shiv Lal ,lhowdary Aged about.5'l years, Occ: Business,, Resident of H.No,13-3-814, Jiyarluda Hyderabad-500006. ...PETITIONER/PROPOSED 6TH RE SPONDENT AND

1. Narayan Bal,, kisnan Dande Maharaj, S/o. Late Sri Balakishna Sakaram Dande, aged rrbout 76 years, Occ. Archaka, Sri Keshava Swamy Temple, R/. House. No. - 3-3-1t06/38/23, Keshava Swamy Nagar, Ziaguda, Hyderabad- 500 006.

2. The State of rr:langana, Represented Government, End,:wments Department, Saifabad, Hyc :rab rd. ...PETITIONER/RESPONDENT its Principal S;ecretary to Secretariat. BR'(R Bhavan, T-S.

3. The Commir,sron:r. Endowments Boggulakunta Abirls, Hyderabad. Department, State of Telangana,

4. The Additron;, I O,rmmissioner, Endowments Dept., State of Telangana, Ramkoti, Hyd<: raba d.

5. The Deputy (lomnrissioner, Endowments Department, State of Telangana, Ramkoti, Hydr: ra ba d. r;&d*.t ,;.,:.,

6. The Assistant Commissioner' Endowments Dept ' State of Telangana' Ramkoti. HYderabad ...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 permit the petitioner/proposed party herein to implead as a Respondent No 6 in the above Writ petition WP No 26550 ol 2022 Counsel for the Petitioner : SRI K'V'RAJENDRA PRASAD Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following: ORDER / HON BLT: MRS JUSTICE SUREPALLI NANDA //RIr PETITION No.26550 OF ZOZZ ORDER: Heard liri K,V.Rajednra Prasad, ledrned counsel appearing on behalf of the petitioner and leanned Governmen'l Pleader for Endowment appearing on behalf of th,: respondents.

2. The rretit ioner aooroached the Court seekino praver as urrder': ".......t, isr;.re a writ, order or direction, more particularly a Writ of Me ndamus, declaring that the action of the 4th responrlent in issuing the Proceedings in Form-I, under Rule 4 (1), vide Rc. No. A2l1603/2022, dated 72.0,+.2022, issued unrjer Sub-Section (2) of Section 15 of the Telang,rna Charitable and Hindu Religious Institutic)ns and Endow'nen.s Act, 1987 (Act No. 30 of 1987), calling for the ap:rlications for Trusteeship in the Form No. 2 of Sub Section (3 ) of Section L7 of the Act, in the namer of Sri Keshav Svramy Temple, liyaguda, Asifanagar r,'landal, Hydera rad, received by the petitioner, as illegal, improper, arbitra-y, unjust, contrary to the provisions of the ,Act No. 30 ol .-')87 and the rules framed there-under, uncons.itut onal and set aside the same, and conseq Lren tia lly to declare that the respondents have no power )r .authority in any manner to proceed with either \\ 2 forming of Trust Board or calling for Trusteeship name of Sri Keshava Swamy Temple, pursuant impugned proceedings in Rc. No. A2/L603/2022, 12.04.2022, issued by the 4th respondent, and to pass...., in the to the a It is specific case of the petitioner that 4rh respondent issued the proceedings in Form_I, under Rule 4 (1), vide Rc. No. A2l1603/2022, dated 12.04.2022, under Sub_ Section (2 ) of Section 1 5 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act No. 30 of l9B7), calling for the applications for Trusteeship in the Form No. 2 of Sub Section (3) of Section 17 of the Act, in the name of Sri Keshav Swamy Temple, liyaguda, Asifanagar Mandal, Hyderabad, and the same is illegal, improper, arbitrary, unjust, contrary to the provisions of the Act No. 30 of 1987 and the rules framed there-under, u nco nstitutiona l. Aggrieved by the said action of the respondents, the present Writ Petition is filed.

4. PER USED THERECOR D:- , / J A) This Cogg vide its order, dated 23.06.2O 22 assed m''ordr:rrs in favour of the Detitione r in the Dresent Writ Petitiorr observin q as underi N()tic€ to the respondents. Lear rec counsel for the petitioner submits that pursua-rt tc the impugned notice dated 12.04.202rt, so far no trustees have been appointed. The sut)ject propert./ is the Samadhi of Sri Keshav Maharaj, It is neither a 'v utt' nor a 'Temple'. There is no Hundi for the purpos:: of any donations. Thus, is the subject propterty does n rt comeunder the provisions of the Telan<lana Charitb rle and Hindu Religious Institutions and Endowrrents Act, t9B7 (Act 30 of 1987) A representation dated 29.04.2022 is submitted by the petitiorrer to the 4rh respondent, requesting for withdrerwa' of proposal for constitution of Trust Boarl. It is fur:her contended by learned counsel for the petitiorrer that the representation of the petitioner is not beirrQ disposed of and the action of the respondents in issu ng the impugned notices is in violation of principl,:s o' naturaI justice. In ttre circumstances, status quo obtaining as on today shall be maintained until next date of hea rin 11. Ther ab,f,ve said interim orders are in force as on dattl 4 B) u of s 7 T n an ar ta lea dHi I u I s tu II a d Endow m n A 1 87 is n r

17. Procedure tor making appointments of trustees and their term. (3) The procedure for calling for application for appointment of trustees, verification of antecedents and other matters shall be such as may be prescribed.

5. Learned Government pleader for Endowments appearing on behalf of the respondents submits that the procedure as contemptated under Sub_section (3) of Sectaon 17 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 19g7 would be stricily fofiowed and apprications wourd be cafled for appointment of trustees duly following the procedure of verification of antecedents and other matters and notification would be issued afresh in accordance to taw for constitution of the Trust Board calling for Trusteeship in the name of Sri Keshav Swamy Tempte, Jiyaguda, Asifanagar Mandal, Hyuderabad and hence, the impugned proceedings in I / 5 Rc.No.A27l16Ct3/2022, dated 12.04.2o22 issued under Sub-sectir:n (2) of Section 15 of the Telangana Charitabler and Hindu Religious Institutions and Endowments Act, 1987 (Act 30/1-997) could be set aside. 6 Lea counsel a DDea rr nqonb half of the oetitioner -doesnot disoute the said submisslo ns made bvthe lei,rned Governme nt Plea er for ADDE rtno ehalf of the resDond ents. ndowm ents 7, Takincl intrc consideration: a) The afi:resaid facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioner and iearned Governmerrt Pleader for Endowments appearing on behalf of ttre rerspondents. c) The int:erin1 orders of this Court, dated 23.O6,2-C,22 passed in t:+re ;rresent Writ petition which are in force as on date, 6 L SN] d) Sub-section (3) of Section 17 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 (referred to and extracted above). PON NSENT OF AL L THE LEA ED UNSEL ON RE RD IHT TG G INTO T ME TS OF HE CASE. The impugned proceedings Rc.No.A2l1603/2022, dated 12.O4.2O22 issued under Sub-section (2) of Section 15 of the Tetangana Charitable and Hindu Religious fnstitutions and Endowments Act, 1987 (Act 30/LgA7) calling for the applications for Trusteeship in the Form No.2 of Sub Section (3) of Section 17 of the Act, in the nameof Sri Keshav SWamy Tempte, Jiyaguda, Asifnagar Mandal, Hyderabad is set-asade and the respondents are directed to follow the due procedure as laid down under Section L7 of the Telangana Charitable and Hindu Religious fnstitutions and Endowments Act, Lggl tor making appointment of trustees with specific term as t( 7 contemplated under the Telangana Charitable and Hindu Rerligious Institutions and Endowments Act, 1987 "

8. Accordingly, the Writ petition is allowed. However, there shall be no order as to costs. Misceilan€rous petitions, if any, pending in thi:; Writ Petition, sh,rll stand closed. SD/-K. SREE RAMA MURTHY //TRUE COpy// /N 'DEPUTY REGTSTRAR I 1 \.r sEcnoN oritcrn ._ The Princip rt Se rcrsls, t?_G^g1url1glt, e noo*#, Deparrment, T.S. secreta riat Stare of Tetangana, eRKR'e-hiiriii,'bl li"rra, Hyd -.rabad The Comm jssiorrer. Fndowments Department, State ol Telangzrna, Boggulakurr ta, Abids, Hyderabad. Ut fjfl''[,flrlommissioner, Endowments Dept , state of retansana, AHff?',Y, ?"%missioner' Endowments Department, State of reransana, . Ili,ffi:til,;ff:mmissioner, Endowments Dept., state of reransana, One CC to S;Rt K V.RAJENDRA PRASAD, Advocate. [OPUC] ,'J,ir?tt Two CD Cop,es. to (;P FoR ENDOWMENTS, High court for the state ,rf retangana. l BSK BS To, 1 2 J 4 5 b 7 B HIGH COURT DATED:19103t2025 CC TODAY \E ST416 1 ,-a . _)' ) -) i \; \..\ 2' APR ?u6 l2z o {- \, I) r':i rrr.,Tc'r\ * ORDER WP.No.2655i0 of 2022 ALLOWING THE WRIT PETITION WITHOUT COSTS ,/1 /z 1/