Ongole Sheshagiri v. 1. The Commissioner

of lndia praying that in the ionstitution id therewith, the High Court may be pr or Direction, more particularly one in ftor the records pertaining to the order | ,r,, on the file of tearned Tetangana [-est in the eye law it is in contravenes [ently declare the petitioner as founder i.r*rti:* ; -.v |.A.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 not to cause any hindrance to the petitioner for conducting day to day affairs of the 4th respondent temple pending disposat of the main writ petition. Counsel for the Petitioner : SRl. V.R.MACHAVARAM Counsel for the Respondent Nos.1, 3 & 5 : SRI MANGILAL NAIK, LEARNED G.P FOR ENDOWMENTS Counsel for the Respondent No.2 : SRI K.JAGAN MOHAN REDDY The Court made the following ORDER THE HON'BLE SRI JU sTrp E E.V.VENUGOPAL WRIT PE:TITION No. 7990 0F 2022 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/ S ".-.to issue an appropriate writ, Order or Direclion, more particularly one in the nature of writ of Certiorari by calling foi the records pertaining to the order d,ated, 06.O2.2o2o passed in o.A No. 83 of 20 17 on the file of leamed Telangana Endowment Tribunal and declare it as tlon est in the eye of law it ts in contravenes the Hindu Law of Successlon and consequently declare the petitioner as founder family member o[ 4til respondent tempie and pass such proper in thc circumstances of the other or orders as this Court deems lit an case..." 1

2. Heard learned counsel r presenting petitioner and P Mr.Mangilal Naik, learned Goyernment for Endowments representing respondent Nos.1 to 3

3. Learned counsel representin $p" titioner submits that the petitioner herein filed O.A.No.S3 of 2Ol7 t:efore the learned Endowment Tribunal, Hyderabad, with a prayer to declare him as founder family member of l"t re pondent temple. He further submits that the petitioner has managing the temple though the temple has no source qf income and properties of its own. He further submits that tho the income of the temple was less than Rs.5 lakhs P annum, the Endowment Department has directed the peti(ioner herein to handover the charge of the temple to one Satyallarayana CharJrrlu, who is the t\ 2 .,.t archaka of the temple, in whom, the management of temple was vested under the guise of Section 29(1) of Act 30 of 1987 vide order dated 27.12.2008. He further submits that the impugned order is non-est in the eye of iaw, therefore, he seeks indulgence of this Court.

4. On the other hand, learned Assistant Government Pleader for Endowments appearing for respondent Nos.1 to 3 and 5 submits that the petitioner herein is the son of cousin sister of one Smt.Adlun Susheela, the executant of the will deed, but no where it is found that he was adopted by Smt. Adluri Susheela in the said will deed, further, there is a mention about the petitioner that he is managing the a_ffairs of the temple apart from looking aJter her and her mother. He further submits that a foster son cannot be equated with natural son or with adopted son as the primary difference between adopted son and foster son is the type of commitment; foster care is a temporary commitment, whereas, the adoption is a permanent commitment. There rs no mention that the petitioner is .adopted son of Smt. Adluri Susheela. Therefore, it cannot be said to be falling within the arnbit of agnatic line of st.rccession as defined in the Exptanation II of Section 17 of the Act, 30187 and the petitioner cannot be , 1L.#E-- =i-.-*'{ "-',/ J declared as the founder family mpmber of the 1$ respondent temple. Hence, he seeks to dismiss dhe Writ Petition.

5. Having heard the learned co'unsel for the petitioner and Government Pleader for Endowrrients, this Court deems it appropriate to grant Iiberty to tt[e petitioner to file a fresh application before the Endowment Tribunal, in the light of the order dated 29.11.2024 in W.P.No.84663 of 2011 passed by the Hon'ble Division Bench of this Clourt. Upon such filing, the learned Tribuna,l is directed to pass appropriate orders as expeditiously as possible, strictly in 4ccordance with law.

6. With the above direction, thi Writ Petition is disposed of. I No costs. Miscellaneous Petitions, pending if any, shall stand closed. SD/. A.H.S.GOWRI SHAN KAR SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER ngana, Dharmika BhaN

1. The Commissioner, Endowment Deptf Govt.of To SA TK an, Tiak Road, Abids, Hyderabad. 2. The Deputy Commissioner, Endowm( Temple Premises Warangal.

3. The Asst. Commissioner, Endowmen! Town, Telangana.

4. The Archaka, M/s Venkaetshwa Khammam, ByPass Road, Kh ammanl 5. The Principal Secretary, Endowments Telangana at Hyderabad.

6. Two CC's to G.P FOR ENDOWMENT Telangana at Hyderabad. (OUT) 7. One CC to SRI V.R.MACHAVARAIU, , 8. One CC to SRI K.JAGAN MOHAN RE 9. Two CD Copies o nt Dept, Go of Telangana. Bhadrakali Dept, Govt.of Telangana, Khammam ra SwBmy Temple, By pass Road, Department,. Secretariat, State of lS, High Court for the State of fidvocate IOPUC] IDDY, Advocate (OPUC) i .-1 / ';HE Sr.l I6 .li1 i 2 2 AU0 206 '.,1 ,,^.- \..-...:.;-.-.- 4,' / ' -t// HIGH COURT DATED:1210312025 ORDER WP.No.27990 of 2022 DISPOSING OF THE W.P WITHOUT COSTS.