Petitioners challenged a notification inviting applications to constitute a Non-Hereditary Trust Board for Sri Muruli Manohar Swamy Temple and sought declaration as founder family members. Counsel stated the cause did not survive; the Court dismissed the writ petition as infructuous without costs.
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HIGH COURTFOR THE STATE OF TELANGANA AT HYDERABAD (sPeciaiOriginalJurisdiction)
FRIDAY, .THE SEVENTHDAY OF FEBRUARY TWO THOUSNruOAND TWENTYFIVE
PRESENT
THE HONOURABLESRI JUSTICE NAGESHBHEEMAPAKA
WRIT PETITIONNO:26403 0F 2019
Between:
...'ET1'.NERS
AND
...RESPONDENTS
PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe circumstancesstated in the affidavit filed therewith' the High Courtmay be pleased to issueappropriatewrit' order or direction'moreparticularly' a Writ of lVlandamus,declaring the lmpugned Notification Memo No"l9677/Endt'll/A1/2019' Revenue(Endowments'll) Departmenl'dI"11111t2o1g'of the 1St Respondent Government,and consequentialForm'l Notification No C211179112019' of the 2/16 respondentCommissioner,Endowments'Hyderabad'published in Namasthe Telanganatelugu Dailynewspaper'dt'12t11t2o1g' invitingapplicationsin the
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Form-ll from the intrrl)sted persons for constitution of Non-Herecit rry Trust Board to the 4th responde: r subject Sri trrlurali lrrlanohar swamy Tcnrpl,_= Kishanbagh, Bandurpura, HTde.abad, is illegal, arbitrary, unjust, without hav ng power or authority and pr:ndin,1 o.A application for declaration of the petilior.ers as founder family I,4embers, L_rrt -'- Sec.87(1)h of the Act,1987.
lA NO: 1 OF 2019
Petition unde t s ection'151 cpc praying that in the r;ircun sti,rr ces stated rn the affidavit filec rn s r t)poft of the petition, the High Court ntay be r pissss6 to grant stay of all rurther proceedings pursuant to rmpugned r,i.tification in lvemo-No.19671 rEn<r . uAr2o'r9, Revenue (Endowments.il) Dep::rtrnent, dt.11r11r 2019 of the 1st Res;1rr>ndent Government, and consequentiar F:,rr,r.r Notification No.C211179112019, cf the 2nd respondent Commissrone- [ jndowments, Hyderabad, publishec in Namasthe Telangana telugu D,ai / lews paper, dt.121111201s, ir vrti-r! apprications in the Form-U from the intere stt,rc persons for constitution of N,n-He reditary Trust Board to the 4th respondent :;ut.j.ct Sri t\rrurari It/anohar swamy Terr p re, Kishanbagh, Bandurpura, Hyderabad, :e.rrring disposar of main writ petition.
Counsel for the.etiti:ners: SRI SUDARSHAN REDDY DUDDUGtJl,l.].A Counsel for the l?esp rndent Nos.1 to 3: Gp FOR ENDOWMENISi Counsel for the llesp,rrdent No.4: SRI JAGAN MOHAN REDDy. S(.: The Court made the lirllowing: ORDER
HON'BLE SRI JUSTICENAGESHBHEEMAPAKA
WRIT PETITIONNo.264o3of2OL9
ORDER:
When the matterhas been taken upfor hearing, learnedcounsel for petitioners submittedthat the cause in thepresent writ petitionrdoes not survivefor adjudicationand it has become infructuous'
2 In view of thesame, Writ Petition is dismissed
as infructuous.No costs
pending, if any, inthis Writ Petition,sha1l stand closed'
SDI K,SREERAMAMURTHY S STANTREGISTRAR
//TRUECOPY//
SECTIONOFFICER
To, 1 One CC toSri SudarshanReddYDuddugunta,A State cate [OPUC]of ofTelangana, at 2 Two CCs toGP for Endowments,for Endowments,Endowments,High Court Courtfor thth
1 State cate [OPUC]of of I 2 Two CCs toGP for Endowments,for Endowments,Endowments,High Court Courtfor thth
Ii ? Hvderabad [OUT] ili;'rc i; 5;-t<'.lrgrn Mohan Reddv'SC for Endowment[oPUC] 4. Two CDCoPies TJ GJP
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HIGH CC}I'RT
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DATED:0,ttO2t2O2S
ORDER
WP.No.26403 of 2O1g
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DIMISSING THE WRIT PETITION AS INFRUCTUOUS WTHOUT C(:)STS
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1 issue framed by the court
Whether the challenge to the notification constituting a Non-Hereditary Trust Board for the temple survived for adjudication.
2 provisions across 2 enactments
Nand Kumar
Sha shan Kumar
The State of Telangana, Revenue (Endowments-II) Department
The Commissioner, Endowments Department, Telangana State
The Asst. Commissioner, Endowments Department, Hyderabad
Sri Muruli Manohar Swamy Temple, Kishanbagh, Bandurpura, Hyderabad
Nagesh Bheemapaka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
