Disposed

Sri Raja Rajeshwara Swamy Devasthanam and 2 Others v. the State of Telangana., Endowments Dept., and 2 Others

Telangana HC28 Nov 2024WP/8230/2015

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed regarding the appointment of hereditary Archakas in a temple. The court directed the respondent authorities to consider the petitioners' representation dated 05.01.2015 as per a recent government order and pass appropriate orders within two weeks.

What did the court decide?

Directed respondent authorities to dispose of petitioners' representation dated 05.01.2015 in terms of G.O.Rt.No.421 within two weeks.

Sri Raja Rajeshwara Swamy Devasthanam… — Constitutional and Fundamental Rights | Telangana HC (2024)

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[³²⁵⁵ ]

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HIGH COURT FOR^{THE STATE OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE TWENW^{EIGHTHDAYOF NOVEMBER} TWO THOUSAND AND^TWENWFOUR

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PRESENT

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THE HONOURABLE SR!^{JUSTICE N.V.SHRAVAN KUMAR}

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WRIT PETITION NO : 8230^{OF 2015}

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Between:

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1 SriRaiaRaieshwaraSwamyDevasthanamAnuvamshikaArchaka [r.f.t[i-, $'rritni, having^{its officeat D.No'6-5-92, JawaharlalNehru} #tii;d-C;rpui,^{V'emutaw?oa,KarimnagarDistrict representedby-its} Secretary, Mr.'Eshwaragari^{Ramana S/o Eshwaragari Narahari Sharma'ageo} ,O.rt-+d V""o, iesidind^{at 6-5092, Marketstreet, Vemulawada, Karimnagar} District.

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2 Eshwaraqari Ramana,^{S/o Eshwaragari Narahari Sharma,about 4S-years'} J[t*[iru"-Ar"ni[i ino^{Secretary- of Sri RajaRajeshwara} 9ry911v O.va.inanrm nnuvamshika^{Archakd Samkshema Samithi residingat 6-5092,} Market street, Vemulawada,^{Karimnagar District 505302'}

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3 Eshwaragari Narahari^{sharma,s/o Gundajah,agql about 67 years, erstwhile} niir,aij,' and Honourary^{iresident of Sri - Ra19 R9ieg!.wan. Sl /9m{} ii;-;;iftd, Anuvamshifta Archaka^{Samkshema SamithiF|/o J.N. School} Cip, ttt"tfet Road,^{Vemulawada, Karimnagar District -505302'}

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.....PETITIONERS

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AND

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'l . The State of Telangana., Revenue (Endowme-nts) Department'^Telangana Secretariat, Hyderabad,^{Rep. by its Principal Secretary'}

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The commissioner^{of Endowments, Revenue, (Endowments) Department,} Boggulakunta, Tilak Road,^{Abids, Hyderabad'}

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Sri Raia Raieshwara Swamy^{Devasthanam, Vemulawada, Karimnagar} Districi, Telingana,^{Rep. by its Executive Officer'}

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.....RESPONDENTS

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Petition Under Article^{226 of the constitution of lndia praying that in the} circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleasedtoissueappropriateWrit,orderofdirection,moreparticularly,oneinthe nature of Writ of^{Mandamus, declaringthe action of the Respondents in not} considering the^{ordersof this Honourablecourt dated24'O22O12 and the latest}

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representation of the petitioners dated 05-01-20.r 5 for appointing any of the hereditary Archakas other than who are not presenry working as Archaka in the 3rd Respondent rernpre as chairman or member of the Board of rrustees of Sri Raja Rajeshwara swamy Tempre at vemurawada, Karimnagar District as iregar, arbitrary, unreasonable and violative of principles of n"trrrf f;;"' ;ra consequen'y direct the Respondents to consider the petitioners representation. dated 05-01-20'r5 fo '' appointment of any of the hereditary Archakas who are not presen'y working as Archaka in. the 3rd Respondent rempre as chairman or member of the Board of Trustees of Sri Raja Rajeshwara Swamy Temple.

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I.A.NO:1 OF 2015 (WPM P.NO: 10843 0F 2015)

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petition Under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents to consider the representation of the petitioners dated 0501-2015 and appoint any of the hereditary Archakas who are not presenry working as Archaka in the 3rd Respondent remple as chairman and I ormember of the Board of rrustees of sri Raja Rajeshwara swamy Tempre at vemurawada, Karimnagar District, pending disposal of the above writ petition.

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Counsel for the petitioners : SRI SUNDARI R plSUpATl

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Counsel for the Respondent Nos.l & 2 : Gp FOR ENDOWMENTS

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Counsel for the Respondent No.3 : SRI CH.SATISH KUMAR

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The Court made the following ORDER

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THE HONOURABLE SRI IUSTICE^{N.V.SHRAVANKUMAR}

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WRIT PETITION No.8230^{of 2015}

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ORDER:

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-HeardlearnedcounselforthepetitionersandLearnedAssistant Government Pteader^{for Endowmentsappearing for respondents.with their} consent, the writ^{petition is being taken up for disposal'}

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2 This Writ Petition is^{fited seekingthe fottowingrelief :} "to declore^the of^{the Respondentsin not considering the ordersof} this Honourable Court^{dated24.02-2012and the latest representotion}

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of the Petitioners^{dated05.01.2015} for^{oppointingony of the} hereditory^{Archokas other thonwho ore not presentlyworkingos} Archoko in the^{3'd Respondent Templeas Choirmanor member of the}

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Board 6f Trustees of Sri^{RoioRaieshwaroSwomy Temple ot} Vemulawodo Korimnagar^{District os illegot arbitroryunreosonable ond} violative of principles of^notural iustice^{ond consequently directthe} Respondents to consider^{the Petitioners representotiondated} 05.01.2O15 for oppointment^{of ony of the hereditory Archokas who are} not presently working^{os Archokain the 3'd RespondentTempleos}

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Choirman or^member of^{the Boord of Trustees of iri Raia Rajeshwaro} Swamy Temple."

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Though various^{grounds are raised in the writ petition,learned counsel} for the^{petitioners restrictshis prayer seeking a directionto respondent} authorities to dispose^{the petitioners representation, dated 05'01'2015in a} time bound Period.

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Learned Assistant Government Pleader for Endowments appearing for respondents ptac.ed G.O.Rt.No.421, Revenue (Endowments- lll ) Department, dated 11.1 1.2024, which reads as:

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"lt is hereby informed thot Non-Hereditory Trust Boords will be constituted to the temple by the Government under Sub-section (1) of Section 15 cf the Telangona Choritoble add Hindu Religious lnstitution & Endowments Act 1989 (Act 30187) os amended by Act 33t2007, ofter 20) doys from the date of this Notice.

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lnterested persons may send their opplications for trusteeship in prescribed performa vide Form-ll of the rules under sub-section (3) of Section 17 of Act, within twenty doys from the dote of this notice to the Commissioner of Endowments, Hyderobod (TG)/Joint Commissioner, Hyderabad, (TG) I Deputy Commissioner, Warongal (TG) ond Assistont Commissioner of Endowment (Dept. ,) Karimnogor.

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At this stage, tearned counsel for the petitioners submit that the respondent authorities may be directed to dispose of the petitioners' representation, dated 05.01.2015 and pass appropriate orders in terms of G.O.Rt.No.421, Revenue (Endowments-lll) Department, dated i 1 .11.ZOZ4.

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Learned Government Pteader for Endowments did not raise any objection.

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ln view of the submission made by [earned counsel appearing on either side and without going into the merits of the case, this writ petition is disposed of directing the respondent authorities to dispose of the petitioners' representation dated 05.01.2015 in terms of G.O.Rt.No.42.l, Revenue (Endowments-lll) Department, dated 11.11.2024 and pass appropriate orders as expeditiousty as possibte, preferabty within a period of tw, (02) weeks

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from the^date of receipt^{of copy of this order and communicatethe same to}

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the Petitioners.

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ls disposed^{of.Miscetlaneous} 8. AccordingtY^{this writPetition} apptications,^{if any pending'shatt stand ctosed'No orderas to costs'}

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ANAB^{HA RE} SD/- P.^PADM ASSIST RE R

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//TRUE^COPY//

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