Sri Mahant Kannaya Das Nirmohi v. The State Of Telangana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND FIFTEEN

Present

Between:

Sri Mahant Kannaya Das Nirmohi Chela of Late Balabhadra Das, Aged about 42 years, Occupation: Mahant, R/o. 13-1-1137, Nirmohi Math, Dhoolpet, Hyderabad.

.. Petitioner AND The State of Telangana, Rep. by its Principal Secretary, Endowments Department, Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:

ORDER:

With the consent of the learned counsel for the petitioner and the learned Government Pleader for Endowments for respondents 1 to 3, this writ petition is disposed of at the admission stage.

2. The petitioner contends that Shree Balaji and Shree Hanuman Temples are located in Nirmohi Math, situated at Dhoolpet, Hyderabad. Sri Balabhadra Das was the original Mahant. The petitioner is a disciple and successor of late Balabhadra Das. During the lifetime of Sri Balabhadra Das, the petitioner was appointed as the successor by performing the religious poojas in the presence of the members of the Bharateeya Shat Darshan and Santh Sanaj Sangh, Hyderabad, to perform traditional rituals as per Vaishnavi Nirmohi Group. While so, by proceedings, dated 06.08.2005, the Math was given in adoption to the ISKON, Hare Rama Hare Krishna Temple, Abids, Hyderabad (4th respondent), under Section 145(1) of the Endowments Act, 1987. These facts came to light only after the demise of Sri Balabhadra Das. The subsequent reports of the Regional Joint Commissioner of Endowments, Hyderabad, support the stand of the petitioner. Thus, aggrieved by the aforestated orders, the petitioner filed appeal before the Minister for Endowments on 12.12.2014. This writ petition is filed contending that the said

appeal is not disposed of till date.

3. Having regard to the fact that an appeal is filed by the petitioner along with an application for condonation of delay and the said application as well as the appeal are pending consideration by the appellate authority, the Writ Petition is disposed of, without expressing any opinion on merits, directing the appellate authority to consider the application for condonation of delay and further orders as may be passed after passing orders in the said application in the appeal filed by the petitioner. The orders on the condonation of delay application shall be passed, after putting the other side on notice, within a period of six (6) week from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________ P.NAVEEN RAO, J Date: 2nd July, 2015 KL

Date: 2nd July, 2015 KL