Allowed

Kosgi Nammula Kanki Reddy and 38 Others v. The Deputy Commissioner and 4 Others

Telangana HC14 Sept 2022CMA/813/2019

Case brief

AI extract

What is this about?

The High Court allowed the civil miscellaneous appeal, setting aside the Telangana Endowments Tribunal's order. The Court directed remand of the matter for fresh disposal because a subsequent ruling established that legal heirs of founders of pre-1987 Act institutions can claim trustee entitlements.

What did the court decide?

The order of the Tribunal dated 21.02.2019 in O.A.No.391 of 2015 is set aside and the matter is remanded to the Telangana Endowments Tribunal for disposal in the light of subsequent Order in C.R.P.No.

Kosgi Nammula Kanki Reddy and 38 Others Vs… — Pension and Retirement Benefits | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE FOURTEENTH DAY OF SEPTEIMBER TWO THOUSAND AND TWENTY TWO

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PRESENT THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU

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CIVIL MISCELLAN EOU S APPEAL NO: 813 OF 2019

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Appeal under Section 88 of T.S_CH.H.R. & Endowments Act, 1987, against the order in o.A.No.39'l of 2015 dated 2110212019 on the file of the Telangana Endowments Tribunal, at Hyderabad.

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BETWEEN^:

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. 1.Kosgi^{Nammula Kanki Reddy, S/o lateVenkatramulu} ;;";6"ri 60 vears,^{occ:Poojari/ Founder Familv Member'} ii; ll"#;il^iurrv "irius", Abhanspur^{post'Naravanpetr4andal'} Mahaboobnagar^District'

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2.Kosqi^{Nammula Narayana,S/o late Venkatram} ll'", ^- " aq" ibort^{55 years, Occ: Poojari/FounderFamilyMemDer'} n7o. i'r-#.rf^{u 'Pally village,n'onangpur post' NarayanpetMandal'} Mahaboobnagar^District.

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Kosqi^{Nammula Hanumanthu,S/o'lateVenka.tramulu} nn" .-i"rilz v"ars,^{occ:Poojari/ Founder} lu:t]ll- 1"-T1"" iii". rl-..rnJ"'eally^{village. e"onungp"post' NarayanpetMandal'} Mahaboobnagar^District.

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4-Kosoi Nammula^{Narsimlu,S/o' late Sankarappa'} .. ;ears,^{occ:Poojari/ Founder Familv Member'} ^;;;;;;o0 i'i"'.^{"^:;;;"'piiiv ',irrig", n-bhanspurpost' Naravanpet Mandal'} Mahaboobnagar^District.

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5.Kosoi Nammula^{Asappa,S/o'lateSankarappa'..} i;;il;;il ;ears,^{otc:poojari/Founder Familv Member'} ii;. i,;;;.'purrv^{uiiue", A-bhangpur post' NaravanpetM a ndal'} Mahaboobnagar^District' 6. Kosqi Nammula^{ramulu,s/o'lateSankarappa'} il*il;i, ;*rt.^{ot'ipboiuri/Founder Familv Member'} 4i"". *;;;"'pairv^{virrase, R-oningpurpost' Naravanpet Mandal'} Mahaboobnagar^District' T.Kosqi Nammula^{chandrappa,s/o late Narasappar..} i;;;;;;;; ;ei,.s,^{occ:ioojari/ Founder FamirvMember'} s^{p u r post,Na rava n petM and a l'} Ai;.'i"#;ri"',^{i rii g'". nur,u} " Mahaboobnagar^District' S.Kosqi Nammula^{Kanakappa,s/o'lateNarsappa'..} .. ;ffi:il;i^{;"i"u.t,bti'poojari/Founder Familv.Member'} iiJ. lla..i..ir"^{uirruq",eonungfiur post' Naravanpet Mandal'} Mahaboobnagar^District'

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g.Kosqi Nammula Sai ReddCy'S/o'late^{r Narsappa'} il;jBt;;0 47"-. *;;r]"'Pally ;eais,^{village, occ:poojari/ Abhangpur Founder Familv Member'post' NaravanpetM} a ndal,

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10.Kosgi Nammula Pedda Sai Reddy,S/o.late Chinnna Kanakappa, Age about 70 years, Occ:Poojari/ Founder Family t{ember, R/o. Nammula Pally village, Abhangpur post, Narayanpet I4andal, 14aha boobna ga r D istrict.

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11.Kosgi Nammula Aravindu,S/o.late Chinnna Sai Redddy, Age about 28 years, Occ:Poojari/ Founder Family lvlember, R/o. Nammula Pally village, Abhangpur post, Narayanpet Mandal, Mahaboobnagar District.

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12.Kosgi Nammula Saianna,S/o.late Pulappa. Age about 86 years, Occ:Poojari/ Founder Family Member, R/o. Nammula Pally village, Abhangpur post, Narayanpet Mandal, Mahaboobnagar District.

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13.Kosgi Nammula Pulendar,S/o.late Narsimha Reddy. Age about 2t years, Occ:Poojari/ Founder Family Member, R/o. Nammula Pally village, Abhangpur post, Narayanpet Mandal, Mahaboobnagar District.

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14.Kosgi Nammula NAVEEN,S/o.late Narsimha Reddy, Age about 19 years, Occ:Poojari/ Founder Family Member, R/o. Nammula Pally village, Abhangpur post, Narayanpet Mandal, Mahaboobnagar District.

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15.Kosgi Nammula Srinivasulu,S/o.late Kanakappa, Age about 36 years, Occ:Poojari/ Founder Family Member, R/o. Nammula Pally vlllage, Abhangpur post, Narayanpet Mandal, Mahaboobnagar District.

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16.Kosgi Nammula Ven kataia h, S/o.late Kanakappa, Age about 34 years, Occ:Poojari/ Founder Family Member. R/o. Nammula Pally village, Abhangpur post, Narayanpet Mandal, Mahaboobnagar District.

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17.Kosgi Nammula Sathaiah.S/o.late Kanakappa, Age about 30 years, Occ: Poojari/ Founder Family Member, R/o. Nammula Pally village, Abhangpur post, Narayanpet Mandal, Mahaboobnagar District.

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Baka ram Nammula Ramulu,S/o.late Venkatiah, Age about 21 years, Occ:Poojari/ Founder Family Member, R/o. Nammula Pally village, Abhangpur post, Narayanpet Mandal, Mahaboobnagar District.

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Bakaram Nammula Sa iku ma r,S/o.late Venkatiah, Age about 19 years, Occ: Poojari/ Founder Family Member, R/o. Nammula Pally village. Abhangpur post/ Narayanpet Mandal, Mahaboobnagar District.

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20.Bakaram Nammula Asappa,S/o.late Saiyappa, Age about 45 years, Occ: Poojari/ Founder Family Member. R/o. Nammula Pally village, Abhangpur^post. Narayanpet Mandal, Mahaboobnagar District.

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2l.Bakaram Nammula Gu ra va ia h, S/o.late^Mallappa, Age about 50^years, Occ:Poojari/ Founder^{Family Member,} R/o. Nammula Pally village, Abhangpur^{post, NarayanpetMandal,} Mahaboobnaqar District.

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22.Bakaram Nammula^Veeresh, S/o.late^Ramulu, Age about 28^years, Occ:Poojari/ Founder^{Family Member,} R/o. Nammula Pally village, Abhangpur^{post, NarayanpetMandal,} Mahaboobnagar District.

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23.Bakaranl Nammula Kanakappa, S/o.late^Santhappa, Age about 32^years, Occ:Poojari/ Founder^{Family Member,} R/o. Nammula Pally village, Abhangpur^{post, NarayanpetMandal,} lvla ha boobnaga r District.

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Bakaram Na mmula Thimma Reddy,S/o'late^Santhappa, Age about 29^years, Occ: Poojari/^{Founder Family Member,}

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R/o. Nammula Pally village, Abhangpur^{post, NarayanpetMandal,} lvla ha boob naga r District.

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25.Bakaram Nammula Yankappa.S/o.late^Santhappa. Age about 25^years, Occ:Poojari/ Founder^{Family Member,}

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R/o. Nammula Pally village, Abhangpur^{post, NarayanpetMandal,} Mahaboobnagar District.

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Bakaram Nammula Saiya^{ppa,S/o.late Kanakappa,} Age about staying^years, Occ:Poojari/ Founder^{Family Member,} R/o. Nammula Pally village, Abhangpur^{post, NarayanpetMandal,} Mahaboobnagar District.

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2T.Bakaram Nammula Venkataiah S/o.late^Kanakappa, Age about 55^years, Occ:Poojari/ Founder Family^Member,

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R/o. Nammula Pally village, Abhangpur^post, Narayanpet^Mandal, Mahaboobnagar District.

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Bakaram Nammula Goverdhan, S/o.late^Mogalappa, Age about 25^years, Occ: Poojari/ Founder^{Family Member,} R/o. Nammula Pally village.^{Abhangpurpost, NarayanpetMandal,} Mahaboobnagar District.

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29.Bakaram Nammula Rayappa,S/o.late^Buchappa, Age about 70^years, Occ:Poojari/ Founder^{Family Member,}

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R/o. Nammula Pally village,^{Abhangpurpost/} Narayanpet^Mandal, Mahaboobnagar District.

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30.Bakaram Nammula^Channa Reddy,S/o.late^Mannemaiah, Age about 38 years, occ:Poojari/ Founder^{Family Member,} R/o. Nammula Pally village,^{Abhangpurpost, NarayanpetMandal,} Mahaboobnagar District.

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3l.Bakaram Nammula^{Ravi Kumar,S/o.lateMannemaiah,} Age about 22^years, Occ:Poojari/ Founder^{Family Member,} R/o. Nammula Pally village,^{AQhangpurpost, NarayanpetMandal,} Mahaboobnagar District.

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32.Bakaram Namnlula Channappa,S/o.late Saiyanna, Age about l0 years, Occ:poojari/ Founder Family wember, R/o. Nammula Pally village, Abhangpur post, Narayanpet Mandat, Mahaboobnagar District.

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33.Bakaram Namnrula Hanumanthu,s/o.late yankappa, Age about 72 years, Occ:poojari/ Founder namity NLilUer, R/o. Nammula^pally villaqe, Abhangpur post, trtarayanpel Uandat. Mahaboobnagar District.

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Bakaram Nammula Kista ppa, S/o.late yankappa, Age about 70 years, Occ:poojari/ Founder family wember, R/o. Nammula^pally vi age, nbhangpur post, Narayanpel tqandal, Mahaboobnagar District.

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Appellants/ Applicants And

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1.The Deputy Commissioner,

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Endowments Department. Boggulkunta, Hyderabad.

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2.The Assista nt Commissioner, Endowments Department, Mahaboobnagar District. at Hyderabad.

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3.Sri Kankadri Swamy Temple,

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I!.uITrlq^{Patty,Abhangapur post.Narayanpet mandat,}

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Mahaboobnagar District. Rep. by its Inspector

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Bakaram Nammuta Kondappa, s/o.Late yankappa,^A"tts"#l"#' Age about 76 years, Occ: poojari/ Founder family'wember, R/o. Nammula pally village, Abhangpur post, ruarayanpel tqandal, Mahaboobnagar District.

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Bakaramllammu la Buggappa, S/o. Late yankappa, Age about 75 years, Occ:pooyari/ Founder namify'llemOer,

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P/o. Nammula^pally viltage, A-bhangpur post, fVarlyanpel ptandat. Mahaboobnagar District.

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(Respondents No. 4 and 5 format parties and not nessary parties in this Appeal)

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.... Respondents/

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Applicants No. 28 & 34

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For the Appellants^{: SRI D.SUDARSHAN REDDY'Advocate}

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For the Respondent^{Nos.1& 2 : GP FOR ARBITRATION}

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The Court delivered^{the following: JUDGMENT}

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THE HON'BLE SRI JUSTICE SAMBASIVA RAO NAIDU CIVIL MISCELLAN EOUS APPEAL No.813 OF 2019

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ORDER:

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This Civil Miscellaneous Appeal is hled against the Order in O.A.No.39 1 of 2015 on the file of Telangana Endowments Tribunal dated 21.02.2O19 by which the application filed by the applicants herein was dismissed.

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The said application was filed by the appellants under Section 87(1)(h) of Telangana State Chartable & Hindu Religious Institutions and Endowm-tihts. Act, with a prayer to declare them as Members of the Founder Family of 3.d respondent Temple and to pass order for the annulment of the entries in the oropert5r register under Section 43 of the subject institution by showing the names of the appellants/applicants as members of the founder family.

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They have examined two witnesses and marked two documents. During enquiry, the respondent examined RWl

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SSR]V, J CMA.NI.873^oJ 2079

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on beha-lf of 3.,1 respondcnt temple. Thc^{'l'ribunaldismissed} the said application vide order dated 21.O2.2O19^{and as} per the order it shor.r,s that the Tribunal came to^the conclusion that none of the aucestors of the appellants herein were recognized as hereditary trustees of^3rd respondent temple under the Act¹⁷ I 66 as^{per Section} 17(1) of the Act 30lB7 to assume them as^{founder of the} temple, and in the absence of such entry they^cannotbe recognized as members of founder family.

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The learned counsel for the appellants has submitted that the Tribunal prior to the order impugned in the present appeal dismissed two more appiications basing on the order of this Court in C.M.A.No.59O of 2Ol2 wherein it was observed that Section B7(1Xh)^{of the Act, applicable} only in relation to the institutions^{and Endowmentswhich} came into existence after the commencement^{of 1987 Act.}

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The learned counsel for the appellant^{has submitted} that the said order in^{C.M.A.No.590 of 2012 was discussed} in a subsequent C.R.P.,^{betrveen " Kum.Shashikalrrand}

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SSRN, J CMA.No.813 of 2019

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others os, Smt,Babita Sharzz.a and Others,,. The learned counsei has submitted that this Court gave a finding in the subsequenr C.R.P.No.4596 of 2Ol7 to the effect that the judgment referred in C.M.A.No.59O of 2Ol2 is hit by Sub-Silentio Principle and there is no bar for any legal heir of the founder or member of the family of the founder of any institute even existing since prior to Act 30 / l9B7 came into force and even not recognized earlier to, to make a claim of entitlement to act as one of the Trustees of the institutions. Therefore, according to learned counsel for the appellants in view of the subsequent judgment referred above the order of Tribunal based on the order in C.M.A.No.59O of 2072 need to be reconsidered.

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karned counsel for the appellant has submitted that the Tribunal without going into the merits of the application and without much discussion simply dismissed the application, but in view of the order of this Court in C.R.P.No.4596 of 2017, there is necessitv for

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SSRN, J CMA.NI.873^{of 2079}

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reconsideration ol the application,^{therebl sought for}

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remanding the matter to the^Tribunal.

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7 . Non, the point for consideration is^:

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Whether the ord-er of the^{Tribunalis liable to be set} asicle in uieta of the^{order in C.R.P.4596 of 2O17 ?}

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8. POINT:

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As could be seen from order under^{the appealin the} present C.M.A., it is very clear^{that the Tribunaldismissed} the application filed by the^{appellants with an observation} that since the Temple in^{question is in existence prior to} the commencement of^{Act 30/ 1987, there is no necessity} to look into the explanation^{i (6) of Section17 (1} )'^The Tribunal further observed^{th,at though theevidence} indicates that forefathers^{of the appellants werefounders} and they constructed^{the temple,none of themwere} recognized as hereditary^{trustees of the templeald in view} of explanation to^{Section 17 (1) of the Act, they cannotbe} recognized as Members^{of Founderfamily'}

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SSRrv, J CMA.No.813 of 2019

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As per the Order of this Court in C.R.p.No.4596 of 2017, tt was held that :

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nThe judgment of the Hon,ble Court in C.R.P.No.590 of 2012 is hit by Sub_silentio Principle and tLLere ts no bar for any legal heir of the founder or member of the family of the founder^{of any institutions} euen existing since pior to the Act 30/ jgBZ came intc: force and. euen not recognized earlier to, to make a claim of entitlement to act as one of the tntstees etc.. ..',

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Therefore, in view of the fact that O.A. filed by the appellants herein was dismissed on the basis of above observation, in the light of the observation of this Court in C.R.P.No.4596 of 2017, there is a necessity to re-examine the claim of the appeliants herein. Therefore, it is just and necessary to remand the matter to'the Tribunal for fresh disposal.

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1 I . In the result, this Civil Miscellaneous Appeal IS allowed, the Order of Tribunal dated 2l.O2.2}lg tn O.A.No.391 of 2015 is set aside and the matter is

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SSRN, J C&IA.No.a^{13 of 2O79}

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remanded to^{Telangana EndowmentsTribunal for disposal} in the light of^{subsequent Order in C'R'P No'4596 of 2017 '}

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