Telangana High Court
Simhavahini Mahankali Temple Trust vs L Govind Kumar on 26 July, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT APPEAL No.873 of 2024
JUDGMENT:(Per the Hon'ble the Chief Justice Alok Aradhe) Mr. S.Satyam Reddy, learned Senior Counsel representing Mr. Sarasani Rahul Reddy, learned counsel for the appellant.
Mr. D.V.N.Acharya, learned counsel for respondent No.1.
Ms. T.Geeta, learned counsel representing Mr. Bhukya Mangilal Naik, learned Government Pleader for Endowments Department for respondent Nos.2 to 4.
Mr. J.R.Manohar Rao, learned Standing Counsel for Endowments for respondent No.5.
2. With consent of learned counsel for the parties, the writ appeal is heard finally.
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3. This intra court appeal is filed against an order dated 12.07.2024 passed by the learned Single Judge in W.P.No.18356 of 2024, by which writ petition preferred by respondent No.1 has been disposed of with the direction to the respondent authorities to streamline and to take an action in respect of report dated 01.02.2024 submitted by Assistant Commissioner, Endowments Department, Hyderabad to the Commissioner, Endowments Department, Hyderabad. The learned Single Judge has further held that in order to avoid further misappropriation of funds of Sri Simhavahini Mahankali Temple, Laldarwaja, Hyderabad (hereinafter referred to as 'the Temple'), the respondent authorities shall open a new bank account in the name of the Temple and shall deposit all the funds which might be collected during the course of ensuing festival which is to be celebrated on 28.07.2024 and 29.07.2024.
4. Facts giving rise to filing of this appeal briefly stated are that respondent No.1 is a devotee of the Temple. Respondent No.1 submitted a representation on ::3::
17.11.2023 requesting the Commissioner, Endowments Department, Hyderabad to take action against the persons, who illegally are utilizing the Temple funds and are acting in collusion with the officials of the Endowments Department. Thereupon, the Assistant Commissioner, Endowments Department, Hyderabad submitted a report on 01.02.2024 to the Commissioner, Endowments Department, Hyderabad wherein several irregularities and misuse of the Temple funds were pointed out. However, no further action was taken. Thereupon, respondent No.1 filed the writ petition namely W.P.No.18356 of 2024.
5. The learned Single Judge at the motion hearing stage, disposed of the writ petition directing the official respondents to streamline and to take an action in respect of report dated 01.02.2024 submitted by the Assistant Commissioner, Endowments Department, Hyderabad to the Commissioner, Endowments Department, Hyderabad and further directed that in order to avoid further misappropriation of funds, the respondent authorities shall open a new bank account in the name of the Temple and ::4::
shall deposit all the funds that might be collected during the course of the festival which is to be celebrated on 28.07.2024 and 29.07.2024. In the aforesaid factual background, this appeal has been filed.
6. Learned Senior Counsel for the appellant submitted that the appellant is the Temple Trust and even though it has been arrayed as respondent No.5 in the writ petition, it has not been heard before the order was passed by the learned Single Judge. It is submitted that impugned order has been passed in violation of principles of natural justice as the same has been passed without affording any opportunity of hearing. However, the learned Senior Counsel for the appellant fairly submitted that the appellant is only interested in contesting the allegations made against it with regard to mismanagement and misappropriation of the affairs of the Temple Trust and is no way interested in retaining the amount of money with it, which may be offered to the deity during the festival, which is scheduled to be held on 28.07.2024 and 29.07.2024. It is therefore contended that the matter be remitted to ::5::
learned Single Judge for decision afresh after affording an opportunity of hearing to the appellant.
7. On the other hand, learned counsel for the respondents were unable to demonstrate from the record that either any notice or any opportunity of hearing was afforded to the appellant before passing the impugned order.
8. We have considered the rival submissions made on both sides and have perused the record.
9. The order dated 12.07.2024 passed by the learned Single Judge in W.P.No.18356 of 2024 has been passed without affording any opportunity of hearing to the appellant and therefore, the same cannot be sustained in the eye of law.
10. Accordingly, the order dated 12.07.2024 passed by the learned Single Judge in W.P.No.18356 of 2024 is set aside and the Writ Appeal is disposed of. However, taking into account the fact that learned Single Judge has directed the official respondents to make necessary ::6::
arrangements for ensuing festival which is scheduled to be held on 28.07.2024 and 29.07.2024 and has further directed that the funds so received shall be kept in a separate account, we deem it appropriate to issue following directions:
(i) The authorities of the Endowments Department shall ensure that the Bonalu Festival which is scheduled to be held on 28.07.2024 and 29.07.2024 shall be celebrated as per the customs of the Temple.
(ii) The new funds which may be collected during the festival shall be deposited by the Assistant Commissioner, Endowments Department, Hyderabad in a new bank account to be operated by him alone.
(iii) The entitlement of the parties to the aforesaid amount shall depend on the ::7::
outcome of the writ petition namely
W.P.No.18356 of 2024.
(iv) The learned Single Judge is requested to decide the writ petition namely W.P.No.18356 of 2024 after affording an opportunity of hearing to all the parties expeditiously afresh.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
_______________________________ ALOK ARADHE, CJ _______________________________ ANIL KUMAR JUKANTI, J Date: 26.07.2024 KL