Devagiri Venkata Rajeshwara Sharma vs State of Telangana

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2026 Supreme(Online)(Tel) 19912

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Surepalli Nanda, J
Devagiri Venkata Rajeshwara Sharma – Appellant
Versus
State of Telangana – Respondent
WRIT PETITION No.13524 OF 2026

Important Points

When a statutory remedy of appeal is available under the governing Act (e.g., Section 93 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act), the petitioner is directed to avail such remedy before seeking writ relief against consequential administrative actions.

Subject

Civil - Endowments

Act Referred

The Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987: S.43(10), S.93

Headnote

The petitioners challenged a notification issued under The Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987, which prescribed eligibility for priest posts based on 'Vaidika Smartha Agama' instead of the 'Shaiva Agama' tradition allegedly followed by the temple for over 150 years. The court noted that a previous order altering the ritual procedure to Shaiva Agama had been kept in abeyance by the Commissioner, Endowments Department, via Memo dated 15.06.2022, directing the continuation of the old practice. The primary issue was whether the petitioners could challenge the recruitment notification without first challenging the underlying Memo that restored the Vaidika Smartha Agama practice. The court reasoned that since a statutory remedy of appeal exists under Section 93 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987, the petitioners should first exhaust this remedy against the Commissioner's Memo. The Writ Petition is disposed of directing the petitioners to approach the respondent No.1 herein against the Memo in R.C.No.C1/362/2022 dated 15.06.2022 issued by the Commissioner, Endowments Department, Telangana State, Hyderabad within a period of one (1) week from the date of receipt of a copy of this order.

Advocates:
For the Appellants/Petitioners: R. Chandrashekar Reddy
For the Respondents: Assistant Government Pleader for Endowments, Ch. Satish Kumar

Table of Content
1. challenge to recruitment eligibility criteria based on traditional ritual practices (agama). (Para 1 , 2 , 3 , 4)
2. conflict between established hereditary customs and administrative directives regarding ritual procedures. (Para 5 , 6 , 7)
3. availability of statutory remedy of appeal precludes direct writ relief. (Para 8 , 9)

ORDER

Heard Sri R. Chandrashekar Reddy, learned counsel appearing on behalf of the petitioners, the learned Assistant Government Pleader for Endowments appearing on behalf of the respondent Nos.1 to 5 and Sri Ch. Satish Kumar, learned Standing Counsel for Sri Someshwar Laxminarasimha Swamy Devasthanam, appearing on behalf of the respondent No.6.

2. The petitioners approached the Court seeking prayer as under:

“...to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents No. 2 to 6 more particularly the Respondent No.6 in issuing the Notification vide letter No.SSLNT/PLK/Notification/2025 dated. 23.11.2025 and not setting aside the same despite making representations dated 07.01.2026, 10.02.2026 and again on 16.03.2026 by the petitioners to the Respondents No.2 to 6, is illegal, arbitrary and violation of principles of Natural Justice, apart from violation of Articles 14, 19 & 21 of Constitution of India and also against the provisions of The Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987, and consequently set aside the notification vide letter No. SSLNT/PLK/ Notification/2025 dated. 23.11.2025 and direct the Respondent No.2 to 6 to consider the representations dated 07.01.2026, 10.02.2026 and again on 16.03.2026 made by the petitioners, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of Justice.”

3. The case of the petitioners in brief as per the averments made in the affidavit filed by the petitioners in support of the present Writ Petition is as under:-

3.1 The petitioners belong to a family that has been serving as hereditary Archakas in Sri Someshwara Laxminarasimha Swamy Devasthanam, Palakurthy, Jangaon District, for more than six generations and over 150 years, performing temple rituals in accordance with the Shaiva Agama tradition.

3.2 The respondents issued notification dated 23.11.2025 in pursuant to the Memo vide R.C.NO.C1/7/2025 dated 04.11.2025 issued by the respondents No.2, to fill up the vacant religious posts, such as, three Priest posts and one Assistant Cook post, wherein eligibility has been prescribed based on Vedika Smartha Agama, contrary to the long-established Shaiva Agama practices followed in the temple.

3.3 The petitioners submitted representations dated 07.01.2026, 10.02.2026 and 16.03.2026 requesting the Respondent authorities to correct the eligibility criteria by replacing the reference to "Vaidika Smartha Agama" with "Shaiva Agama", which is the ritual procedure traditionally followed in the temple. However, the said representations had not been considered as on date. Aggrieved by the same, the petitioner approached this Court by filing the present writ petition.

4. PERUSED THE RECORD:

A) The relevant portion of the Memo issued by the Commissioner, Endowments Department, T.S., Hyderabad vide R.C.No.C1/362/2022, dated 15.06.2022 addressed to the Executive Officer, Sri Someshwara Lakshminarasimha Swamy Devasthanam, Palakurthy (V & M), Janagoan District, is extracted hereunder:

“In the circumstances reported by the Regional Joint Commissioner, Endowments Department, Hyderabad in the reference cited, the orders issued by the Assistant Commissioner, Endowments Department, Warangal U/s. 43(10) of the Act 30/1987 in R.Dis. No. A/1385/2021, Dated: 16-08-2021 are hereby kept in abeyance in the interest of the Institution and directed to continue the old practice as per Vaidika Smartha Agama as well as to avoid future controversies in the matter and the Executive Officer of the subject temple is directed to ta