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High Court for State of TelanganaWP/19757/2020withdrawn

The Mahabubnagar Grains And Seeds Merchants Association And Another And Another v. The State Of Telangana And 3 Others

2021-12-30Shameem Akther5 pages

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HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 19757 OF 2020

1. The Mahabubnagar Grains and Seeds Merchants Association, registration no. 100/69, New Gunj, Mahabubnagar, Telangana Rep by its President Chennarapu

2. Chennarapu Ashok Kumar, S/o. C. Ramulu, Aged about 48 years, Occ. Business, Fl/ o. H.No. 1-4-160, 40 houses, Rajendranagar New Town, TTD Kalyana Mandapam, Mahabubnagar District ...PETITIONERS '1 . The State of Telangana, Endowment Department, Rep. by its Principal Secretary, Secretariat, Hyderabad.

2. The Commissioner, Endowments Department, Hyderabad.

3. The Asst. Commissioner of Endowments, Endowments Department, Mahbubnagar Division.

4. The lnspector, Endowments Department, Mahbubnagar Division. 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 a writ, order or direction more particularly one tn the nature of writ of mandamus declaring the G.O.Rt. No. 227, Revenue (Endowments-ll) Department dated 0910912020, (Memo no. 12855/Endts.ll/A212019 dated 09.09.2020) of the 1st Respondent issued in Form-l under Rule 4(1) of the Appointment of Trustee Rules, 1987 to the Sri Laxmi Narasimha Swamy Temple New Gunj, Mahabubnagar, the consequential proceedings in Rc.No. C11807112O20 daled 2110912020 of the 2nd Respondent and the consequential memo no.

Cl1909l2O2O dated 25109/2020 of the 3rd Respondent as illegal, arbitrary, contrary to the provisions of the T.S. Charitable and Hindu Religious lnstitutions and Endowments Act, 1987 and violative of Articles 14, 19, 26 of the Constitution of lndia and consequently to set aside the G.O.Rt. No. 227, Revenue (Endowments-ll) Department dated 0910912020, (Memo no. 12855/Endts.ll/ A212019 dated 09.09.2020) of the 1st Respondent issued in Form-l under Rule 4(1 ) of the Appointment of Trustee Rules, 1987, the consequential proceedings in Rc.No. C118071l2O2O daled 2110912020 of the 2nd Respondent and the consequential memo no. C/1909/2020 dated.25109/2020 of the 3rd Respondent.

/lA NO: 1OF 2020 Petition under S ection 151 CPC praylng that in the circumstances stated in the affidavit filed in su rport of the petition, the High court may be pleased to direct the Respondents to f( llow the tradition, custom, usage and practice of Sri Laxmi Narasimha Swamy Te nple, New Gunj, Mahabubnagar and appoint the trust board as was done earlier : s per the practice in vogue by following section 13 of the Telangana Charitable lindu Religious lnstitutions and Endowment Act, i 9g7, while suspending the G,O. lt. No. 227, Revenue (Endowments-ll) Department dated 09.09.2020, (lVlemo r t. 12855t Endts.il/ A2t2019 dated 09 09.2020) of the 1st Respondent issued in :orm-l under Rule 4(1 ) of the Appointment of Trustee Rules, 1987, the consequent ll proceedings in Rc.No. c1lBo71tzo2o dated 21.09.2020 of the 2nd Respondeni and the consequential memo no. C/1909/2020 dated 25.O9.2020 of the 3rd lespondent.

lA NO: 3 OF 2021 Petition under S ection '1 51 CPC praying that in the circumstances stated in the affidavit filed in su rport of the petition, the High court may be pleased to permit the petitioner to file m rterial papers as additional material papers in w.p. No 19757 of 2020 and receive th ) same, in the interest of justice. lA Nos: 1 & 2 OF 2021 Common CT

1. P.Srinivasulu, S, t.Pola Prabhakar

2. Galula Uma Rar i, D/o.Sugaiah

3. E.Sanjeeva Gol l, S/o.Edula Krishnaiah Goud

4. Rudavath Rame;h, S/o.Rudavath Shanker ...lmplead Petitioners/Proposed R.5 to R.B

1. The,uahabubri gar Grains and seeds Merchants Association, registration no. '100/69, _New Gt nj, Mahabubnagar, Telangana Rep by its presirlent"Chennarapu

2. Chennarapu A: hok Kumar, -S/o. C. Ramulu, Aged about 48 years, Occ. Business, FY o H.No. 1-4-160, 40 houses, Rajeidranagar ruew fowri, iiO Kalyana Manda ram, [,4ahabubnagar District Respo ndents,A/Vrit Petitioners

3. The State o1 Te tngana, Endowment Department, Rep. by its prrncipal Secretary, Secr, )tariat, Hyderabad.

4. The Commissio ter, Endowments Department, Hyderabad.

5. The Asst. Comr tissioner of Endowments, Endowments Department, Mahbubnagar f ivision.

6. The lnspector, I ndowments Department, Mahbubnagar Division. .,.Respondents/Respondent Nos.1 to 4 lA No.1 oF 2021 Petition under I iection 151 cpc praying that in the circumstances stated in the affidavit filed in suppc t of the petition, the High court may be pleased to implead the petitioners herein as ,arty Respondent No 5 to B in the above Writ petition W.p. No 1975712020 and misc rllaneous Petitions.

lA NO: 2 OF 2021 Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the interim stay granted by order dated 11/1 112020 ln W.p. No 19757t2O2O. lA NO: 4 OF 2021

1. The Principal secretary state of relangana, Endowment Department, secretariat Buildings, Hyderabad.

2. The Commissioner, Endowments Department, Hyderabad.

3. The Asst. Commissioner, Endowments Department, Ir/ahbubnagar Dist.

4. The lnspector, Endowments Department, IVlahbubnagar Division. . Petitioners/ Respondents

1. The.lrilahabubragar Grains and Seeds Merchants Association, registration no. 100/69,New Gunj, Mahabubnagar, Telangana Rep by its President-Chennarapu

2. Chennarapu Ashok Kumar, S/o. C. Ramulu, Aged about 48 years, Occ. 9usiness, R/ o. H.No. 1-4-160, 40 houses, Rajendranagar New -Town, TTD Kalyana Mandapam, Mahabubnagar District ... Petitioners/Respondents Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the interim stay order passed in WP.No.19757 oI 2020, dt.11l1jl202O and dismiss the instant writ petition.

Counsel for the Petitioners: SRI T.SURYA SATISH Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following: ORDER

THE {ON'BLE DT. JUSTICE SHAMEEM AKTHER WRIT ET IO No 197 70 F20 20 ORDER:

/-1 Learne i counsel for the petitio ners seeks permission of this Court to withdraw this Writ petition.

2.

Permis;ion is accorded.

Accord rgly, this Writ petition is dismissed as yiithdrawn. 3.

No costs.

Miscelli neous petitions, if any, pending in this Writ petition sha ll stand cl rsed.

SD/- I. NAGALAKSHMI ASSISTANT REGISTRAR //TRUE COPY/I ,iySECTION OFFICER

1. Two CCs to the (;p for Endowments, High court for the State of Telangana. louTl

2. One CC to SRI ' .SURYA SAT|SH, Advocate tOpUCl 3, Two C.D. Copies

4. One Spare Copy \ To, I\IRC NPJt

HIGH COURT DATED:30/1 2/2021

ORDER

WP.No.19757 of 2020 JJ N AI ( \ \.

DISMISSING THE WT IT PETITION AS WITHDRAWN WI' HOUT COSTS @^'

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