THE HON’BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.45236 OF 2022

ORDER:

This Writ Petition is filed under Section 226 of Constitution of India seeking the following relief/s:-

“…to pass an order or orders, in the nature of Writ of Mandamus, declaring the action of Respondents as totally illegal arbitrary and against the law for not appointing the petitioner as a Mathadipathi in respect of the property and the successor of Ratandas Math, Ramchander Mandir, situated at Chudi Bazar, Hyderabad u/s 54 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987. Inspite of the specific orders passed in W.P.No.15900 of 2014 dated 18-06-2014 and to declare the same as illegal, arbitrary, against the principle of natural justice and also violation of the provisions of Charitable & Hindu Religious Institutions & Endowment Act, 1987 and to pass such other order or orders as this Court deems fit in the circumstances of the case…”

2. Heard Ms.Radhika, learned counsel representing Mr.Suresh Shiv Sagar, learned counsel for the petitioner and Mr.Mangilal Naik, learned Government Pleader for Endowments appearing for respondent No.1. No representation on behalf of respondent Nos.2 to 7. Perused the record.

3. Learned counsel representing petitioner submits that originally Sri Ratandas Math was established by Sri Ratandas, who was the original Guru. She further submits that Shri Ratandas has taken Samadhi in the said Math long back and he appointed a Chela by name Mahant Sita Ramdas Ji and after his demise, Mahant Ramkishandas ji succeeded the said Math as Mahant and during the life time of Mahant Ramkishandas ji, he appointed Pandit Mahaveerdas as Chela of Ratandas Math. The Math is consisting of 1100 square yards in which Samadies are there, when Samadies are existing, it is described as Math, therefore, as per the provisions of Endowments Act, the same is a Math and the said Math belongs to Vaishnav tradition.

4. Learned counsel further submits that the petitioner has been maintaining the said Math since long time and there are tenants attached to the said Math and the income of the Math is very low and therefore, by making lot of efforts, the petitioner along with other devotees are maintaining the said Math and performing poojas regularly.

5. Learned counsel further submits that one Mr.Radheshyam Tiwari, has obtained the proceedings of single trustee from the Assistant Commissioner, describing the said Math wrongly as Dahima Mandir, in which the petitioner has challenged the proceedings before the Endowments Tribunal by way of revision u/s.91 of the Endowments Act. She further submitted that in view of non-fixing of the date of hearing and disposal of the revision, the petitioner was constrained to file W.P.No.26126/2011 before this Court, this Court admitted the case and the same is pending.

6. She further submits that the petitioner herein made a representation u/s.54 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 for appointment of Matadipathi and the successor of Ratandas Math, Ramchander Mandira situated at Chudi Bazar, Hyderabad before respondent No.2 on 31.10.2011 and also requested respondent No.1 to call for detailed report from the Deputy Commissioner, Endowments Department, Hyderabad, pertaining to Samadhi, and to appoint the petitioner as Matadipati of the Ratandas Math, Ramchander Mandir, situated at Chudi Bazar, Hyderabad u/s.54 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987.

7. She further submits that even after submitting a representation, respondent No.1 has not fixed the date of hearing, as such the said act of respondent No.1 is totally illegal and arbitrary and against the provisions under the Endowments Act, 1987.

8. She further submits that pendency of revision u/s.91 of the Act and also application u/s.54 of the Act, the respondent Nos.2 and 4 are making hectic efforts to dispossess the petitioner from the M