THE HON’BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.945 OF 2018

ORDER:

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

“…issue a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in D.Dis.No.A2/3028/2017 dated 11.12.2017 passed by respondent No.2 appointing and directing the Executive Officer to take possession of all structures and to assume charge in respect of respondent No.3 temple and assuming the charge by the Executive Officer on 20-12-2017 in pursuance of the orders dated 11-12-2017 is illegal and arbitrary, unjust and violation of Section 29 of the Telangana Charitable and Hindu Religious Institutions & Endowments Act 30/87, and the Circular dated 7-9-2010 besides principles of natural justice and consequently set-aside the same by directing the respondents to restore the administration of respondent No.3 temple to the petitioner; and pass such other order or orders as this Court deems fit and proper in the circumstances of the case…”

2. Heard Mr.Srinivasa Murthy Cheedella, learned counsel for the petitioner and Mr.Mangilal Naik, learned Government Pleader for Endowments appearing for respondent Nos.1 and 2.

No representation on behalf of respondent Nos.3 and 4.

3. Learned counsel for the petitioner submits that the members of the Bhaktha Samajam, to cater the needs of the temple and devotees, have decided to register their Samajam and accordingly, SRI MADH BHAGAVATH GEETHA BAКТНА SAMAJAM was registered with the Registrar of Societies, Ranga Reddy East on 8-3-2016 vide Regd.No.420 of 2016 and the petitioner herein was elected as the Secretary of the said registered Bhaktha Samajam. He further submits that the Executive Officer went to respondent No.3 temple on

20-12-2017 with police aid without issuing any notice to the petitioner and forcibly sealed the Hundies, store room, kitchen and other belongings of respondent No.3 temple. He further submits that the annual income of the temple for the year 2016-17 was Rs.88,500/- and the balance was Rs.63,288/- and the income of the temple for every year was less than Rs.2 lakhs. He further submits that as per Section 29 of the Act.30/87 there shall be an Executive Officer for every Charitable or Religious Institution or Endowment to be appointed by the Government in the case of institutions and Endowments having income of rupees one crore and above, in the case of other institutions and Endowments included in the lists published under clauses (a) and (b) of Section 6, in respect of charitable or religious institutions or Endowment having income of less than rupees two lakhs per annum, and included in the list published under clause (c) of Section 6 it shall not be necessary to appoint an Executive Officer. Therefore, he seeks indulgence of this Court.

4. Learned Government Pleader for Endowments submits that two parties are claiming management of the said institution. One of the parties Mr.Kandakatla Padma Reddy has got a trust in the name and style of "Bhagavath Geetha Bhakta Samajam Trust" registered and a Trust Deed was executed vide Document No.3/2014, dated 27-01-2014. The other party Mr.M.Venkat Reddy, who is the petitioner herein has got registered under Society Act as "Sri Madh Bhagavath Geetha Bhaktha Samajam" vide Document No.420/2015, dated 08-03-2015. Further, one Sri Sanjeevaiah claiming himself as "Guruji" or "Swamiji" has been residing in the Mandapam along with his so called followers or disciples. Since, rivalries cropped up between both the parties, many complaints have been filed against each other, an enquiry has been ordered by the Assistant Commissioner, Endowments Department, Ranga Reddy District under whose Jurisdiction the Institutions are situated. During enquiry, it has been revealed that the land where Sri Geetha Mandir and other Temples are located belongs to Sri Balaji Venkateshwara Swamy Temple, Venkatapuram (V), Ghatkeshar (M), Medcha