THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.1723 OF 2022

ORDER:

This writ petition is filed for the following relief:

“…to issue a Writ or Direction more particularly one in the nature of Writ of Mandamus (a) to direct the respondents Nos.1 to 5 to consider the case of applicants i.e. respondents 13 to 18 and the Petitioner herein for appointment as Trustees and for constitution of Non Hereditary Trust Board for the 6^th respondent Temple pursuant to notification dated 16.11.2020 vide Memo No.C1/8071/2020 in accordance with Section 15 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 and the Rules made there under (b) by duly declaring the action of 3^rd Respondent in issuance of Memo in No.C2/12365/2021 dated 10.12. 2021 calling for the further report from the 4th Respondent after cutoff date and the 4th Respondent vide Letter Rc.No. E/2075/2020 dated 24.12.2021 in submitting the antecedents of 7^th to 12^th Respondents to consider for appointing them as members of Non Hereditary Trust Board and subsequent proceedings of constituting the Trust Board if any of the 6^th Respondent Temple as illegal, arbitrary, whimsical violative of the provisions of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 and the Rules made thereunder, as against legitimate expectation and violative of Articles 14 and 26 of the Constitution of India, settled principles of law, and (c) consequently set aside the report of the 4^th Respondent vide R.C.No.E/2075/2020 dated 24.12.2021 in submitting the antecedents of 7th to 12th Respondents for considering them in appointment as members of the Non Hereditary Trust Board of the 6^th Respondent Temple including constitution of trust board if any with the said Respondents 7 to 12 and pass such further or other orders…”

2. Heard Sri T.Vishnu Teja, learned counsel for the petitioner and Sri Mangilal Naik, learned Government Pleader appearing for respondent Nos.1 to 5. There is no representation on behalf of respondent No.6 and 7 to 18.

3. Learned counsel for the petitioner submitted that pursuant to the notification issued by Respondent No.3, vide Annexure-I to Memo No. C1/8071/2020, dated 16.11.2020, Form-I (as per Rule 4(1)) for constitution of Non-Hereditary Trust Board for Sri Kshetragiri Venkateshwara Swamy Temple, located at Ghanpur (V), Medchal (M), Medchal Malkajgiri District, the petitioner made an application to the Member of the Non-Hereditary Trust Board, along with duly verified certificates, which were forwarded by the Inspector of Endowments Department to the Assistant Commissioner. The matter was pending consideration. Subsequently, vide Memo No.C2/12365/2021, Respondent No.2, upon receiving a letter from Respondent No.5, and in reference to Memo No. 580/File-22/M(L&E)m F&SD)/2021, dated 30.11.2021, from the Hon’ble Minister for Labour and Employment, Factories and Skill Development of Telangana State, further called for reports to take further action in the matter. Learned counsel would submit that the petitioner has already been verified and found in order; however, the matter has been delayed. Hence, the present writ petition has been filed.

4. Learned counsel further submitted that the respondents ought to have taken action in accordance with the said instructions, but no action has been taken so far, and the matter remains unresolved. Hence, seeks indulgence of this Court.

5. The learned Government Pleader on instructions submitted that the committee appointed for the subject temple, i.e., Sri Kshetragiri Venkateshwara Swamy Temple, located at Ghanpur (v), Medchal (m), Medchal Malkajgiri District, had called for the applications for Trusteeship, which is valid for a period of only one year and due to expiration of this period, the investigation has become infructuous and no action has been taken so far. The notification dated 16.11.2020 postulates that the appointment is only for a period of one year, and due to the la