Citation : 2022 Latest Caselaw 4004 Tel
Judgement Date : 1 August, 2022
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.482 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. A.Sanjeev Kumar, learned Special
Government Pleader attached to the office of learned
Advocate General for the appellants and Mr. P.Venugopal,
learned Senior Counsel representing Mr. T.Sudhakar Reddy,
learned counsel for the respondents.
2. Respondents are the writ petitioners in the
related writ petition being W.P.No.25538 of 2022 wherein
proceedings dated 07.04.2022 of the Commissioner of
Endowments, State of Telangana has been put to challenge.
3. By the aforesaid proceedings, Commissioner of
Endowments in exercise of powers under Sections 8 & 29 of
the Telangana Charitable and Hindu Religious Institutions
and Endowments Act, 1987 permitted appellant No.6 to 2 HCJ & NVSKJ W.A.No.482 of 2022
assume the charge of Sri Renuka Yellamma Devi Temple,
Anantharam with the direction to provide all necessary
amenities to the pilgrim public and also to regulate income
of the temple subject to outcome of W.P.No.7242 of 2016.
4. It may be mentioned that W.P.No.7242 of 2016
has been filed by Sri Renuka Yellamma Devi Temple
through its Managing Trustee Sri Thotakuri Bala Kistaiah @
Krishna who is the father of the writ petitioners. The said
writ petition has been filed alleging interference of the State
into the affairs of the temple. An order was passed thereon
on 05.12.2016 whereby the status quo order passed on
04.03.2016 was continued but at the same time
Commissioner of Endowments and other authorities were
granted liberty to open the Hundi in the presence of
panchayatdars and to deposit the money collected from the
Hundi in any nationalized bank. In this exercise, the writ
petitioner was also permitted to be present.
5. Learned Single Judge took note of the litigation
history and made prima facie observation that there was an 3 HCJ & NVSKJ W.A.No.482 of 2022
attempt by the State and its officials to take over
administration of the temple in question which was resisted
by the father of the writ petitioners. Reference was made to
the status quo order dated 04.03.2016 passed in
W.P.No.7242 of 2016 which was modified on 05.12.2016 as
adverted to above. Taking the view that merely on the
expiry of the father of the writ petitioners, it could not have
been assumed by the State that the writ petition had abated
or that the orders passed by this Court ceased to have
effect, learned Single Judge suspended the order dated
07.04.2022 and directed that the arrangements made by
this Court vide the order dated 05.12.2016 in W.P.No.7242
of 2016 would continue till the matters are disposed of,
further directing the appellants not to interfere with the
day-to-day affairs of the temple in question.
6. After hearing learned counsel for the parties and
on due consideration, we do not find any good ground to
interfere with the order passed by the learned Single Judge.
4 HCJ & NVSKJ
W.A.No.482 of 2022
7. At this stage we have been informed by
Mr. P.Venugopal, learned Senior Counsel representing
Mr. T.Sudhakar Reddy, learned counsel for the writ
petitioners that the related writ petition is fixed for
consideration on 25.08.2022 along with W.P.No.7242 of
2016 and another writ petition being W.P.No.33627 of 2018.
8. That being the position, we decline to entertain
the appeal and request learned Single Judge to hear the writ
petitions on 25.08.2022 as has been ordered.
9. Subject to the above, Writ Appeal is dismissed.
However, there shall be no order as to costs.
10. As a sequel, miscellaneous applications pending,
if any, in this Writ Appeal, shall stand closed.
_________________________ UJJAL BHUYAN, CJ
___________________________ N.V.SHRAVAN KUMAR, J Date: 01.08.2022 KL
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