IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
Vinay Gopal Saincher – Appellant
Versus
The State of Telangana – Respondent
WP 13475/2025
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.13475 of 2025
ORDER:
This writ petition is filed under Article 226 of Constitution of India seeking the following relief:
“...to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent-Dy Commissioner in not considering petitioner’s representation dated 24.02.2025 as being arbitrary, illegal and violative of Articles 14, 19, 25 and 26 of the Constitution of India and also violative of Section 15 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act 1987 and its provision and consequently direct the 3rd respondent-Dy Commissioner to consider the petitioners representation dated
24.02.2025 and pass...”
2. Learned counsel appearing for the petitioner would submit that the petitioner has made a representation dated 24.02.2025 to respondent No.3 requesting to pass orders under the provisions of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act of 1966 which was repealed for appointment of Founder Trustee in place of Hereditary Trustee in the name of Vinay Gopal in respect of Sri Balaji Swamy Temple, Mamidipally Village, Ranga Reddy District along with subsidiary Temples and Lands as per the order passed by this Court in W.P.No.2596 of 2009, dated
26.07.2010.
3. Learned counsel further submitted that this writ petition is a second round of litigation and respondent No.3 has not complied with the earlier order dated 26.07.2010. Hence seeks indulgence of this Court.
4. Learned Government Pleader for Endowments while opposing the same would submit that while repealing the aforesaid Act, a new Act has come into force and as per Section 87 of new Act, the petitioner has to approach the Endowments Tribunal. Except that there is no other alternative efficacious remedy available to the petitioner and more so, respondent No.3 is not the competent authority to examine the grievance of the petitioner. Hence, the present writ petition is misconceived and therefore, seeks to dismiss the same.
5. Having considered the rival submissions made by respective parties, this Court, without making any observations on the merits and demerits of the case, the present writ petition can be disposed of by granting liberty to the petitioner to work out the remedies as available under the law.
6. With the above observations/directions, the writ petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
____________________________ JUSTICE E.V.VENUGOPAL Dated: 30.04.2025 vsu
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