The court dismissed the writ petition against TTD as withdrawn by the petitioner, granting liberty to file fresh petitions in Andhra Pradesh and Telangana High Courts respectively, with no order as to costs.
Withdrawal of writ petition with liberty to file fresh petitions in respective jurisdictions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FORTHE STATE OF TELANGANA: AT HYDERABAD (SPecial Original J urisdiction)
FRIDAY, THE FOURTHDAY OF IVARCH TWO THOUSAND ANDTWENTY TWO
PRESENT
THE HON'BLETHE CHIEFJUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRIJUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION(PlL) NO:1 17 0F 2016
Betwee n:
Dr. IV,V. Soundararajan,S/o C.lVlVenkata Raghava Char!, Aged:78 Years' ["r"iiiu, Archaka'cum Trustee,Sri chilkur-BalajiVenkateswara swamy Temple, Chilkur.lr/oinabad,R.R. District, Telangana'
...PETITIONER(S)
AND
...RESPONDENTS
Petition under Article226 of constitutionof lndia prayingthat in the circumstancesstated in the Affidavitfiled therewith, the High Court may; be pleased to issue a writ, orderor direction more particularly a writ in the nature ofMandamusoranyotherappropriateWritdeclaringtheinactionofthe Respondents 1 to6 in not initiating proceedings under section148 (2) of the A.P. charitable andHinduReligious lnstitutions & EndowmentsAct, 1987for recovery of contributions assessedand payableby the 7th respondentand othermajor templesunderthesaidActasbeingillegal,arbitrary,contrarytotheprovisions
containedinChapterVllloftheActoflgBT'violativeofArticlel4'21&19(1Xg) andconsequentlydirecttherespondentslto6toforthwithinitiateproceedings for recovery ofthe EndowmentAdministration Fund (EAF) of Rupees 38'792 lakhs andCommon Good Fund (CGF)of Rupees'18'861lakhs from 2003-04 to 2ol2.l3assessedtowardscontributionfortheperiod2002.2003lo2012-2013 from the7th respondent and other major templesafter suitably adiusting for inflationandforafurtherdirectiontothelstRespondenttoconductaSeparate Audit forperiod prior to 2003-04-and post 2012-20'13 not coveredby the CAG Audit reportso as to assess the amount due fromthe 7th respondent and other major templesin those period and to initiateproceedingsto recover the same after suitablyadjusting for inflation'
I.A, N O:1 OF 2016(wP (PIL)MP.NO: 21'l OF2016)
Petition underSection 151 CPC praying that in the circumstancesstated in the affidavitfiled in sup"iort-of ine pe.tion] the High Courtmaybe ,pleased direct the7th Respondeni'to deposit the assessed contributionof Endowment AdministrationFund (EAF) '"t fi']p""t Sa,z!2, ]affs and CommonGoodFund (CGF) of Rupees te,aOriairrs'itl'ZOO3-O+to 2012-13 for the period 2003- 2004 to 2oi2-2013r"0 nui"". ri,esarrrn. fromother major temples withthe 3rd Respondentpendingdisposal of the abovel'lL
Counsel forthe Petitioner: SRI P'SRIRAM
Counsel forthe Respondent Nos'1,3,5: THE ADVOCATE GENERAL (AP)
Counsel for theRespondent Nos'2,4,6: THE ADVOCATE GENERAL(TG)
Counsel forthe Respondent No'7: Ms'KIRAN MAYEE'SC for TTD
The Courtmade the following: ORDER
THE HON'BLE THE CHIEF JUSTICESATISHCHANDRA SHARMA AND
THE HON'BLE SRI JUSTICE ABHINAND KUMARSHAVILI
WRIT PETITION( PILI No.117 of2OL6
ORDER: eer tLE Hon'ble theChief JusticeSdtishChondra sharma)
The present writ petition has beenfiled mainly against the Tiruma1a TirupathiDevasthanam, a religious endowment located inthe State of Andhra Pradesh.
Learned counsel for thepetitioner has stated that there are certain temples in theState of Telangala afso. Hou,ever, the relief has beenclaimed against the respondent No.7, which is located inthe State of Andhra Pradesh. Sheprays forwithdrawal of the present writ petition with a liberty to thepetitionerto fi1e a fresh writ petition in the Stateof Andhra Pradesh in respect of the templessituated in the State of Andhra Pradesh and alsoprays for a liberty to file a fresh writ petition in the State ofTelanganain respect of the temples situated in theState of Telangana.
2
The writ petition 1S accordingly dismissed as
withdrawn with the aforesaid liberty.
The misceilaleous applications pending, if any,
shall stand closed. There shall be no order as to costs.
SD/.T.TIRUMALA DEVI ASSISTANT REGISTRAR
//TRUE COPY//
SECTI #t;,,,.,*
To, 1. Two CCs to the AdvocateGeneral (AP), High Court for the State of
Telangana [OUT]
z. fwo Cts ici the AdvocateGeneral(TG), High Court for the Stateof
a. One CC to Ms.KIRAN MAYEE,SC for TTD IOPUCI
?
HIGH COURT
DATED:0410312022
ORDER
WP(PIL).No.117of 2016
s
1 rA (d'
(. o.
(o
<br>s
c
Lt 13 JUL 2m '6
\ksssz
DrsMlsslNcTHE WP (PlL) AS WITHDRAWNWITHOUT COSTS
at'
h6
Dr. IV,V. Soundararajan
State of Andhra Pradesh
State of Telangana
Commissioner, Endowments Department, Andhra Pradesh State
Commissioner, Endowments Department, Telangana State
Deputy Commissioner, Endowments Department, Andhra Pradesh State
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
