The court affirmed that the institution is a 'Temple' under the Act, rejecting claims to reclassify as a 'Mutt' due to lack of jurisdiction and standing.

ORDER :

This Writ Petition is filed seeking to declare the Memo No.17850/Endowments-II/A1/2008 dated 26.08.2013 issued by the respondent No.1 as illegal and arbitrary, to set aside the order dated 19.03.2008 passed in R.P.No.1056/2004 by the respondent No.3 and the Gazette Notification dated 21.09.1989 notifying the subject institution as a ‘Temple’ under Section 6(c)(ii) of the Telangana Charitable and Hindu Religious Institution and Endowments Act, 1987 (for short ‘the Act, 1987’) and direct the respondent No.1 to notify in the office Gazettee that the petitioner Institution as a ‘Mutt’ under Section 6(d) of the Act, 1987.

2. Heard Sri M.R.S.Srinivas, learned Counsel for the petitioner-Mutt, Sri B. Mangilal Naik, learned Government Pleader for Endowments for the respondent Nos.1 to 4, Sri W.B.Srinivas, learned Senior Counsel representing Sri K. Ramalingeswara Sarma and Ms. K. Kavya Sree, learned counsel for the respondent No.5 and perused the material on record.

Contentions of the writ petitioner:

3. Learned Counsel for the petitioner-Mutt submits that the petitioner-Mutt was established by late Guru Mahant Mohan Das Ji, who was the jagirdar and sole Mahant of the said Mutt and Sri Kyalikadas Mutt, Begum Bazar and it was registered with Endowment Department in F.No.16/2, Aukaf in the year, 1345 Fasli as per the Muntakhab Kitabul Aukaf prepared by the Director of Ecclesiastical Department of Sarkar Ali Government. In the said mutt, there are three Samadhis of late Guru Mohan Das Ji, late Guru Rambharose Das Ji and late Guru Moti Das Ji. After the death of Mahant Guru Moti Das Ji, Sri Mahant Rambharose Das was recognized as Mahant of petitioner-Mutt vide proceedings No.53/01/1957 dated 08.10.1960 issued by the Assistant Secretary, Board of Revenue, Government of Andhra Pradesh and the wife of Late Guru Mahant Moti Das Ji, namely Smt Hira Bai was appointed as guardian.

4. Learned Counsel for the petitioner submits that Sri Mahant Rambharose Das was also recognized as Mahant of the petitioner-Mutt by the Endowments Department by proceedings No.D-292/1993 dated 12.05.1995 basing on the earlier proceedings dated 08.10.1960 and since then, he has been discharging his duties and managing the Mutt. The respondent No.5 has filed a revision in R.P.No.1056 of 2004 under Section 92 of the Act, 1987 before the respondent No.3 against the said proceedings dated 12.05.1995 after 9 years from the date of the said proceedings without filing any condone delay petition and it is barred by limitation as the revision petition has to be filed within 90 days as per Section 92(4) of the Act, 1987. The respondent No.3 has passed order in R.P.No.1056 of 2004 dated 19.03.2008 by setting aside the order dated 12.05.1995.

5. Learned Counsel for the petitioner further submits that aggrieved by the order passed in R.P.No.1056 of 2004 dated 19.03.2008, the petitioner-Mutt has filed revision petition before the respondent No.1. The respondent No.1 has dismissed the said revision vide Memo No.17850/Endts.II/A1/2008 dated 30.10.2008. Aggrieved by the same, the petitioner-Mutt has filed W.P.No.28036 of 2008 and the same was allowed vide order dated 06.06.2011 setting aside the said memo by remitting the matter to the respondent No.1 for fresh disposal along with the revision filed by the petitioner-Mutt against the Notification of the subject institution under Section 6(c)(ii) of the Act, 1987 in the A.P. Gazette on 21.09.1989. Thereafter, the respondent No.1 has issued the impugned Memo No.17850/ Endowments-II/A.1/2008 dated 26.08.2013 holding that the