Sivaji Biradar vs The Commissioner Of Endowments
2021 Latest Caselaw 2115 Tel

Item No.22

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                        AND
     THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                             W.A.No.296 OF 2019

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    The appellants/writ petitioners who are tenants in the subject

property, are aggrieved by the order dated 25.01.2019, passed by the

learned Single Judge dismissing a writ petition filed by them for

issuance   of   a     Writ    of   Mandamus    against     the   respondent

No.1/Commissioner of Endowments granting permission in favour of

the respondent No.5 for re-construction of Sri Mahalakshmi

Ammavari Temple at Srimali Brahmin Nyathi Sangh, Feelkhana,

Hyderabad, in terms of an order dated 04.09.2018.

2. In the impugned order, the learned Single Judge has observed

that the appellants/writ petitioners do not have any locus standi to

challenge the development activities proposed by the respondent No.1

either at the instance of the respondent No.5 or at the instance of the

Executive Officer of the Temple or any third party, who may be

willing to contribute to the said development work and therefore, the

request made by the appellants/writ petitioners for interfering in the

proceedings dated 04.09.2018 sanctioning permission for

re-construction of the temple on donor scheme, has been turned down.

3. We have enquired from learned counsel for the respondent No.5

if his client is asserting any rights on the subject temple or its

management by virtue of carrying out the development work, to

which the reply is in the negative. Learned counsel states that no such

claim is being made by his client merely on undertaking development

activities at the subject temple and no strings are attached to the said

development work.

4. In view of above statement, we do not propose to interfere in

the impugned order. The present appeal is dismissed in limine along

with the pending applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B.VIJAYSEN REDDY, J

15.07.2021 Lrkm