High Court · 2025

The State of Telangana and 3 others, Represented by its Principal Secretary, Endowments Department, Secretariat, Saifabad, Hyderabad-4. The Chairman, Dharmika Parishad, Endowments Department, Tilak Road, Bogulkunta, Hyderabad. The Commisiioner, Endowments Department, Tilak Road, Bogulkunta, Hyderabad. The Asst- Commissioner, Endowments Department, Tilak Road, Bogulkunta, Hyderabad. M-adhusudhan Joshi S/o Sri Satyanarayana Joshi, Aged. 51 years, Occ. Private Service and lvlember of Founder Family of Sri Ramchander Ji Temple, R/o. H.No. 15-7-296, Begum Baaar, Hyderabad. Briz Gopal Joshi, S/o Sri Satyanarayana Joshi, Aged. 51 years,_Occ. .Private Service and Member of Founder Family of Sri Ramchander Ji Temple, R/o. H.No. 15-7-296, Begum Baaar, Hyderabad. Venugopal Gopal Joshi, S/o Sri Satyanaayana Joshi, Aged. 48 years, Occ. Privaie Servicd and lVlember of Founder Family of Sri Ramchander Ji Temple, R/o. H.No. 15-7-296, Begum Baaar, Hyderabad. RR 5 to 7 are impleaded as per C.O.dt.29.09.2023 in lA No. 1 of 2023. ...RESPONDENTS Petition under Article 226 of Ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or orders, in the nature of Writ of Mandamus, declaring the action of Respondents as totally illegal, arbitrary and against the law for not appointing the petitioner as a tVlathadipathi in respect of the property and the successor of Ratandas t\/ath, Ramchander lt/landir, situated at Chudi Bazar, Hyderabad. U/s 54 of the Andhra Pradesh Charitable and Hindu Religious lnstitutions and Enclowments Act, 1987. lnspite of the specific orders passed in W.P.No '1 5900 of i2014 dated. 1810612014 and to declare the same as illegal, arbitrary, against the principle of natural lustice and also violation of the provisions of Charirable and Hindu Religious lnstitutions and Endowment Act, 1987 lA NO: 1 OF 2022 Petition unde' Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to to appoint the petitioner as a MatharJipathi rn respect of direct the Respond€,nts the property beanng No.14-7-243 and the successor of Ratandas Math, Ramchander Mandir, situated at Chudi Bazar, Hyderabad. U/s 54 of the Andhra Pradesh Charitable a Hindu Religious lnstitutions and Endovrments Act, 1987 in view of the pendrng Jisposal of the main writ petition Counsel for the Petitioner: Ms. RADHIKA REP SRl. SURESH SHIV SAGAR Counsel for the Respondent No.1: SRI MANGILAL NAIK, GP FOR ENDOWMENTS Counsel for the Respondent Nos. 2to4: SRI J. R. MANOHAR RAO, SC Counsel for the Respondent Nos. 5to7: SRI NARASIMHA MURHTY GOLLAMUDI The Court made the following: ORDER -r- THE HON'BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITIO NNo .45236 0F 2022 ORDER: This Writ Petition is filed under Section 226 of Constitution of India seeking the following relief/s: a...to pass an ordet ot otders, in the adtu'.e oJ Wrlt of Mandqmus' the orctlon oJ Respondents as totally lltegat drbitrlry and a""i"iig f,g-"irJicni t"- t", rroi oppointtng the petitloner @s-a Mdthqdipathi ln ,Ztp."t oJ the ProPerl.g qftd the successo" ol Ro:td'rdos Math' ';;;;;"";.. Maniit,'sitiated dt chudi Bazat, Hgderabail t/s 54 oJ the ina;table and Hlr.du Reltglous rtstttutions & iaa."n ;;;;.; -inio- .ntt Act, 7987. Insptte of the speclfic ordets p@ssed l^ i.i.i".lSgOO of 2074 dated 78'06'2O74 and to declare the sa'ne cLs iii.oit o.ttt o.1t, a.g@irrst the pdnclple of nqtural i,a.stlce dld @lso "j tn.6-itstons o1 Ciatitable & Htndu Religlous Institutions i"iiti"" A Bndowient aZt, lgSZ and to po,ss such other order or ordets as this Court deems Jit ln the cltcua-sto.nces oJ the case"'"

2. Heard Ms.Radhika, learned counsel representing Mr'Suresh Shiv Sagar, learned counsel for the petitioner ald Mr'Mangilal Naik, learned Government Pleader for Endowments appearing for behalf of resPondent respondent No.l. No representatlon on Nos.2 to 7. Perused the record.

3. Learned counsel representing petitioner submits that originally Sri Ratandas Math was established by Sri Ratandas' who was the original Guru. She further submits that Shri RatandashastakenSamadhiinthesaidMathlongbackandhe appointed a Chela by name Mahant Sita Ramdas Ji ald after his demise, Mahant Ramkishandas ji succeeded the said Math as Mahant arrd during the life time of Mahant 2 EW,J W P No_,15236 of 2022 Ramkishandes ji, he appointed parrdit Mahaveerdas as Rata-ndas Math. The Math is consrsting of 1100 which Sama<lies are there, when Samadies are - described asi Math, therefore, as per the provrsions of Endowments Act, the same is a Math and the szr cl Math belongs to Vaishnav tradition. exrsting, it is square yards in Chela of

4. Learned counsel further submits that the petitioner has been marntain ing the said Math since long time and there are tenants attachr:d to the said Math and the income of the Math is very low and therefore, by making rot of efforts, the petitioner along vvith oth,:r devotees are marntaining the s;aid Math and Performing pooj as regularly.

5. Learnecl counsei further submits that one Mr. Radheshyam Tiwari' has obtained the proceedings of singre trustee from the Assistant Corlmissioner, describing the said Matl-r wrongly as Dahima Mandir, in which the petitioner has ch,alienged the proceedings befot.e the Endowments Tribunal by wai, of revision u/ s.9 I of the ErLdowments Act. She further submitted that in view of non-fixin,g of the date of hearing and dispr65al of the revlsion, the petitioner was constrained to 3 EW,J W P No.45236 of 2022 W.P.No.26126l2oll before this Court, this Court admitted the case and the same is Pending.

6. She further submits that the petitioner herein made a representation u/s.54 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 fot appointment of Matadipathi and the successor of Ratandas Math' RamchanderMandirasituatedatChudiBazar,Hydetabadbefore respondent No.2 on 31.10.2011 and also requested respondent No.l to call for detailed report from the Deputy Commissioner, Endowments Department, Hyderabad, pertaining to Samadhi, and to appoint the petitioner as Matadipati of the Ratandas Math, Ramchander Mandir, situated at Chudi Bazar, Hyderabad u/s'54 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987-

7. She further submits that even after submitting a representation, respondent No.1 has not fixed the date of hearing,assuchthesaidactofrespondentNo'listotallyillegal and arbitrary and against the provisions under the Endowments Act, 1987. 4 EW,J W.P.No as236 of 2022

8. She further submits that pendency of revision u/s.91 of the Act and also application u/s.54 of the Act, 1.he respondent - Nos.2 and 4 ale making hectic efforts to dispossess the petitioner from the Math property and also obstructing to discharge and perform the l)oojas of the Dieties in the Matl-r, further, the petitioner has given several complaints to the poiice authorities as well as belbre the Endowments Department, which gone in

9. She further submits that on 06.06.2014, Lhe respondent No.4 a-long with anti-social elements obstructed the petitioner from dischargieg his duties of performing poojas of the Dieties in the Math, in s1>ite of pendency of revision u/s.91 and application u/s.54 of the Act before the Endowments Departrrrent. Therefore, the petitioner was constrained to hle a W.P.No.15900 of 2014, before this Corrrt and this Court was pleased to dispose of the Writ Petition directing respondent No.2 to consider the application filed by the Petitioner dated 3 t - 10-20 1 1 for appointment c,f Mathadipathi u/s.54 of the Andhra Pradesh Charitable ar-r d Hindu Religious Institutions & Endowments Act, 1987, the said Writ Petition was disposed of on 18-06-2014. After disposing - oi r.he Writ Petition, the petitioner made several 5 EW,J W P.No 45236 of2022 representations to the respondent Nos.2 and 4, but they have not taken any action. Lastly, respondent No.2 has addressed a letter dated 31-03-2015 in file No.D/2594 l2ol1, and submitted a report stating that some cases were pending, therefore, respondent Nos.2 and 4 are not in a position to dispose of the application u/s.54 of the Andhra Pradesh Charitable ald Hindu Religious Institutions & Endowments Act, 1987. lO, She further submits that section 54 provision of the Act does not contemplate about non-passing of the orders in view of the pendency of the cases, except, if any person is guilty and prosecuted by the criminal Court under moral turpitude or any other reason, but the case of the petitioner does not come from aly angle of the provision u/s.54 under which a report submitted by the Assistant Commissioner to the Commissioner of Endowment Department Telangana State' Therefore, she seeks indulgence of this Court.

11. Learned Government Pleader for Endowments representing respondent No.1 submits that Dharmik Parishad is not constituted yet. He further submits that the petitioner has got every opportunity to approach the Endowment Tribunal to agitate o .- EW,J w.P No 15236 of 2A22 the cause by filing necessary petition before it. Therefore, he seeks to dismiss this Writ Petition

12. Having regard to the submissions of res;pective learned counsel and upon perusal of the material available on record, this Court is of the considered view that in the absence of constitution ,rf Dharmik Parishad, the petitioner has got the opportunity t o approach Endowment Tribunal to agitate his grievance bv filing necessary application lsfel5r it' Upon such filing, the lt:arned Tribunal is directed to dispose of the application fited by the petitioner as expeditiou sly as possible, strictly in accordance with law'

13. With thr: above direction, this V/rit Petition is disposed of, Miscellaneous Petitions, pending if any, shall stald closed. To, //TRUE COPY// SD/-B. REKHA RANI ASSISTANT REGISTRAR ^\r SECTION OFFICER 1 The Prinopal Secretary, Endowments Department, Secretariat, Saifabad, T S ,Hyderab,ad-4 The Chairmarr. Dharmika Parishad, Endowments Department, Tilak Road, Bogulkunta, l-lyderabad The Commiss ioner, Endowments Department, Tilak RoaC, Bogulkunta, Hyderabad The Asst. Cornmissioner, Endowments Department, Tilak Road, Bogulkunta, Hyderabad One CC to SRl. SURESH SHIV SAGAR, Advocate IOPUCI Two CCs to (;P FOR ENDOWMENTS ,High Court for the State of Telangana at Hyderabad [OUT] One CC to SFll NARASIMHA MURTHY GOLLAIMUDt, trdvocate[OPUC] Two CD Coprr:s 2 4 5 6 7 B t/ BM BS HIGH COURT DATED:2510412025 i IHE s ( g-, 16 luL 20u p h.,. l.4l Citt:O * o !o * ORDER WP.No.45236 ot 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS // 1 //