High Court for State of TelanganaWP/30799/2016disposed of no costs

Narahari Bheemasena Chary, v. The State Of Telangana,

2016-10-18Raja Elango3 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.30799 of 2016 ORDER:

This writ petition is filed for a writ of mandamus to declare the action of the 1st respondent in issuing Orders in Memo, dated 06.08.2016, directing respondents 2 and 3 to take necessary action for causing publication of the notification in Form No.1 and inviting applications in Form No.2 for constitution of Non-Hereditary Trust Board to Sri Venkateswara Swamy Temple, Jadcherla, Mahaboobnagar District, and the consequential publication of notification, dated 26.08.2016 published in Form No.1 by the 2nd respondent - Commissioner, Endowments Department, as arbitrary and illegal and consequently set aside the same.

Heard and perused the material available on record. The main grievance of the petitioner is that he has already submitted representation, dated 16.04.2016, to the 1st respondent seeking exemption from the operation of Sections 15 to 22 and other Sections of A.P. Act 30 of 1987 being the Founder Family Member of the subject Temple and the same is pending before the 1st respondent and that the 1st respondent without considering the said representation, issued Memo, dated 06.08.2016 and consequently, the 2nd respondent issued notification, dated 26.08.2016.

Learned Assistant Government Pleader for Endowments informed that the respondents will not proceed with the impugned Memo and the consequential notification, prior to disposal of the representation submitted by the petitioner.

Recording the submission of the learned Assistant Government Pleader for Endowments, without going into the merits of the case, this Court is inclined to pass the following order: The 1st respondent is directed to dispose of the representation, dated 16.04.2016, submitted by the petitioner, within a period of one month from today. Further, the respondents are directed not to proceed with Memo, dated 06.08.2016, and also the consequential notification, dated 26.08.2016, for constitution of Non-Hereditary Trust Board to Sri Venkateswara Swamy Temple, Jadcherla, Mahaboobnagar District, without disposal of the representation of the petitioner. Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any pending, shall stand closed. ______________ RAJA ELANGO, J October 18, 2016.

KTL