G. Sreenivas Rao Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

G. Sreenivas Rao Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

None; writ petition dismissed as infructuous, without costs, and pending miscellaneous applications stood closed. No adjudication on merits.

Issue for consideration

Whether the notification dated 11.11.2019 issued by the 2nd respondent calling for applications for the constitution of a non-hereditary trust board to Sri Devi Pochamma Devalayam, Somasundaram Street, Secunderabad, was illegal, arbitrary and violative of S.15 and S.6 of the Telangana State Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987 and the Appointment of Trustees Rules, 1987. (Framed from the prayer; not adjudicated on merits as the petition was dismissed as infructuous.)

Ratio / Principle

On learned counsel for the petitioner submitting that the cause in the writ petition does not survive for adjudication and has become infructuous, the Court dismissed the writ petition as infructuous, with no costs.

Key takeaways

Consequently, miscellaneous applications pending, if any, in the writ petition shall stand closed.ratio¶50-51

Detailed headnote1 paragraphs

Writ Petition No. 26492 of 2019 under Article 226 of the Constitution challenged the notification dated 11.11.2019 issued by the 2nd respondent (Commissioner, Endowments Department) calling for applications for the constitution of a non-hereditary trust board to Sri Devi Pochamma Devalayam, Somasundaram Street, Secunderabad, as violative of S.15 and S.6 of the Telangana State Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987 and the Appointment of Trustees Rules, 1987. The petitioner was a hereditary trustee of the temple; Respondent No.4 (an ex-Chairman of the Board of Trustees) was impleaded on 07.02.2025 in I.A.No.1/2022, and I.A.No.2 of 2022 sought vacating of interim orders dated 29.11.2019. When the matter was taken up for hearing, learned counsel for the petitioner submitted that the cause did not survive for adjudication and had become infructuous. The High Court (Nagesh Bheemapaka, J.), by order dated 07.02.2025, dismissed the writ petition as infructuous, with no costs, and closed pending miscellaneous applications. The merits of the challenge were not adjudicated.

[³³⁰⁰ ]

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

FRIDAY, THE SEVENTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY FIVE

t PRESENT

THE HoNoURABLE sRI JUSTIcE NAGESH BHEEMAPAKA

WRIT PETITIo N NO: 26492 OF 2019

Between:

G. Sreenivas Rao, S/o. Late Dr. G. Krishna Rao Ageci about 58 vears. Occ uoU. Service Hereditary Trustee, Sri Devi Pochamma Devalavam Somasundaram Street, Secunderabad, R/o. D. No. 7-i-1052,-Sh;;#; veedhi, Rashtrapathi Road, Secunderabad - 500003.

..PETITIONER

AND

IE.SBlg^{of Telangana,} Bep,^{by its.Prl. Secretary, Revenue (Endowments)} uept., lelangana Secretariat, Hyderabad.

{

, The Commissionej, Endowments Department, Govt. of Telangana At Dharmika Bhavan, Tilak Road, Hyderabad - 500001.

Sri Devi Pochamma Devalayam, Somasundaram Street, Secunderabad Reo 9V^{Executive Authority'Asst.Commissioner Endor;;G--} De;i Secunderabad at Turja Bhavan Dharmashala Kacheguda, Hyderabad _ 21.'

4 Batchu Snnivasa Rao, S/o. Lingaiah, aged about 65 years, Ex-Chairman Board ol Irustees of Sri Devi pochamma Devalayam, R/o. Somasundaram Street, Secunderabad.

Respondent No.4{S impleaded as per C.O. dt. 07.02.2025 in tA,No.1t2022

i .,.RESPONDENTS

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or Direction more particularly one in the nature of writ of Arlandamus declaring the notification Dt. 1111112019 in c2h17s1l2o19 issued by the 2nd Respondent calling for the applications for the constitution of non hereditary trust board to sri Devi pochamma Devalayam, Somasundaram street, secunderabad as illegal" arbitrary, unjust.and violative of s.'15 and s.6 of the Telangana state charitable and Hindu Religious lnstitutions and Endowments Act 30 of 1gg7 and rules framed under the Appointment of

7

Trustees Rules, l9B7 and consequentially set aside the samr, in the interest of justice.

lA NO: 1 OF 2019

Petition under Section 151 cPC praying that in the circurnstances stated in the affidavit filed in support of the petition, the High Court n ay be,pleased to suspend the impugned notification Dt. 1111112019 in c21117{,11201s issued by the 2nd Respondent calling for the applications for the cr,nstitution of non hereditary trust board to sri Devi Pochamma Devalayam, somi,rsundaram street, Secunderabad pending the disposal of the writ petition.

lA NO: 2 OF 2022

Between: t'

Batchu Srinivasa Rao, S/o. Lingaiah, aged about 65 yB rrs, Ex-ehairman, Board of Trustees of Sri Devi PbchammE Devalayam, ii/ >. SorirasunOarim Street, Secunderabad.

...PETITIONER

AND

1 G. Sreenivas Rao, S/o. Late Dr_ G. Krishna Rao Aged abr,ut 58 years. Occ. Govt. Service Hereditary Trustee, Sri Devi Pochar.tma Devalavam. Somasundaram Street, Secunderabad, Rl/o. D. No. z t-iOSZ,- SnihtiJi Veedhi, Rashtrapathi Road, Secunderabad - 500003.

2 The.State of Telangana, Rep by its prl. Secretary, Reverue (Endowments) Dept., Telangana Secretariat, Hyderabad.

The Commissioner, Endowments Department, Govt. r rf Telangana At Dharmika Bhavan, Tilak Road, Hyderabad - SOO001.

4 Sri Devi Pochamma Devalayam, Somasundaram Street, Se,cunderabad Rep. !V^{Executive Authority Asst. Commissioner End rtwmehtsOep[,} Secunderabad at Turja Bhavan Dharmashala Kacheguda, Hyderabad _ 27.'

..,RESPONDENTS

Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court mzry be pleased to VACATE the interim orders passed in w.p.No.26492 of 2019, daled 29111/2019. t

Counsel for the Petitioner: SRt SRtN|VASA IvlqRTHy CHEEDELLA .

Counsel for the Respondent No.1 & 2: Gp FOR ENDOWMENTS

Counsel for the Respondent No.3: SRI J.R.MANOHAR RAO, SC FOR ENDOWMENTS

l.

Counsel for the Respondent No.4: SRI M.VIDYA SAGAR

The Court made the following: ORDER

HON'BLE SRI JUSTICE^{NAGESHBHEEMAPAIi{}

WRIT PETITION No.26492 of 2Ot9

ORDER:

When the matter has been taken^{r- pfor}

hearing, learned counsel for petitioner^{submittedthat the}

cause in the present writ^{petition does not survi ve for}

adjudication and it^{has become} infructuous'

In view of the same, Writ Petition^{is disreissed}

as infructuous. No costs.

Consequently, miscellaneous^applications

pending, if any, in this Writ Petition, shall stand^{clost d}

SD/-N. SRIHARI ANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

One CC to SRI^{SRINIVASA MURTHYCHEEDELLA, AdvocateOPUCI} 2. One CC to SRI M.VIDYA^{SAGAR,Advocate} [OPUC]

One CC to SRI J.R.MANOHAR^{RAO, SC FOR ENDOWIMENTS [OPUC]}

TwoCCstoGPFoRENDOWIuENTS,HighCourtfortheStat<.ofTelangana at Hyderabad [OUT]

Two CD Copies

KKS

?*-

GJP

HIGH COURT

DAfED:O710212025

ORDER

WP.No.26492 ot 2019

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DISMISSING THE WRIT PETITION t!

AS INFRUCTUOUS, WITHOUT COSTS (+---J-l 2Rl< l>)