Telangana High Court
Komirelly Sudhakar Reddy, R.R. Dist. 4 ... vs Secy., Rev. Endw Dept. 3 Ors. on 28 January, 2021
Bench: M.S.Ramachandra Rao, T.Vinod Kumar
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
TUESDAY, THE TWENTY THIRD DAY OF DECEMBER,
TWO THOUSAND AND FOURTEEN
:PRESENT:
THE HON'BLE SRI KALYAN JYOTI SENGUPTA, THE CHIEF JUSTICE
AND
THE HON'BLE SRI JUSTICE SANJAY KUMAR
WP .NO: 39182 of 2014
Between:
1. Komirelly Sudhakar Reddy, S/o. Yadi Reddy
2. Vattikuti Laxmi Narayana, S/o. Late Subba Rao
3. Seetala Sankara Rao, S/o. Vijaya Vardhana Rao
4. Mekapotula Laxman Goud, S/o. Narasimha Goud
5. Alda Venkatesh, S/o. Late Gowraiah
..... Petitioners
AND
1. The State of Telangana, rep by its Secretary to Government, Revenue (Endowments-I) Department, Secretariat,
Hyderabad.
2. The Commissioner of Endowments, Hyderabad, Telangana State.
3. The Deputy Commissioner of Endowments, Hyderabad, Telangana State.
4. Sri Padmavathi Venkateswara Swamy Temple, Kushaiguda Village, Keesara Mandal, Ranga Reddy District, rep
by its Executive Officer.
.....Respondents
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed
herein, the High Court may be pleased to issue any appropriate Writ, Order or direction more in the nature of Writ of
Mandamus: a) Declaring the action of the 1st Respondent in bringing substitution to sub-section 2 of Section 17 of Andhra
Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) in so far as reducing the
terms of office of trustees from "two years to one year from the date of taking oath of office and secrecy" by making an
order ie., Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Telangana Adaptation
Order) 2014 in exercise of the powers under section 101 of Andhra Pradesh Re-organisation Act, 2014 (Central Act No. 6
of 2014) by issuing a notification vide G.O.Ms.No. 37 Revenue (Endowments-I) Department dated. 1-11-2014 at clause
sub-clause 4 of Clause 4 of the above said G.O. as illegal, arbitrary, violative of Articles 13, 14, 25 and 26 of Constitution of
India and the same has to be struck down; (b) Consequently direct the Respondents to continue the petitioners as Non-
Hereditary Trustees of Trust Board of Sri Padmavathi Venkateswarta Swamy Temple, Kushaiguda Village, Keesara
Mandal, Ranga Reddy District till their term is completed ie., 15-4-2015.
WPMP.No. 49141 of 2014:
Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed herein, the High Court
may be pleased to direct the Respondents to continue the petitioners as Non-Hereditary Trustees of Trust Board of Sri
Padmavathi Venkateswara Swamy Temple, Kushaiguda Village, Keesara Mandal, Ranga Reddy District by suspending
the Clause 4(4) of G.O.Ms.No. 37 Revenue (Endowments-I) Department dated. 1-11-2014 in so far as it relates to bringing
substitution to sub-section 2 of Section 17 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments
Act, 1987 (Act 30 of 1987) reducing the term of office of the trustees from "two years to one year from the date of taking
oath of office and secrecy", pending disposal of WP.No. 39182/2014 on the file of the High Court.
..2..
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the
arguments of Sri V.Ravi Kiran Rao, Advocate for the Petitioners, G.P. for Endowments for the Respondents 1 to 3 and of
Sri Ch.Sateesh Kumar - S.C. for the Respondent No.4, the Court made the following
ORDER:
" Rule nisi. Call for records. Notice returnable in four weeks. Learned Advocate General appears and submits that he will file counter. Three weeks time is granted to file counter and affidavit in reply, if any, is to be filed within two weeks thereafter.
Matter to appear six weeks hence. In the meanwhile, there will be an order of status quo obtaining as on today with regard to functioning of the petitioners."
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The Secretary to Government, Revenue (Endowments-I) Department, State of Telangana, Secretariat, Hyderabad.
2. The Commissioner of Endowments, Hyderabad, Telangana State.
3. The Deputy Commissioner of Endowments, Hyderabad, Telangana State.
4. The Executive Officer, Sri Padmavathi Venkateswara Swamy Temple, Kushaiguda Village, Keesara Mandal, Ranga Reddy District.
5. Two CCs to the Advocate General, High Court, Hyd(OUT)
6. Two CCs to G.P. for Endowments, High Court, Hyd(OUT)
7. One CC to Sri V.Ravi Kiran Rao, Advocates(OPUC)
8. Two spare copies.
SAH HIGH COURT HCJ & SKJ DATED: 23-12-2014 NOTE: MATTER TO APPEAR SIX WEEKS HENCE ORDER WP.NO. 39182 OF 2014 STATUS QUO DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 27-12-2014 HIGH COURT HCJ & SKJ DATED: 23-12-2014 NOTE: MATTER TO APPEAR SIX WEEKS HENCE ORDER WP.NO. 39182 OF 2014 STATUS QUO