Telangana High Court

WP/19757/2020 of The Mahabubnagar Grains and Seeds Merchants Association and another and another Vs The State of Telangana and 3 others on 30 December 2021

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THE STATE OF TELANGANA: AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 19757 OF 2020 Between: 1. The Mahabubnagar Grains and Seeds Merchants Association,

HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD(Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY ONE

PRESENT

THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER

WRIT PETITION NO: 19757 OF 2020

Between:

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1. The Mahabubnagar Grains and Seeds Merchants Association, registration no.100/69, New Gunj, Mahabubnagar, Telangana Rep by its President ChennarapuAshok Kumar100/69, New Gunj, Mahabubnagar, Telangana Rep by its President ChennarapuAshok Kumar

2. Chennarapu Ashok Kumar, S/o. C. Ramulu, Aged about 48 [years, ]Occ.Business, Fl/ o. H.No. 1-4-160, 40 houses, Rajendranagar New Town, TTDKalyana Mandapam, Mahabubnagar DistrictBusiness, Fl/ o. H.No. 1-4-160, 40 houses, Rajendranagar New Town, TTDKalyana Mandapam, Mahabubnagar District

...PETITIONERS

AND

'1 . The State of Telangana, Endowment Department, Rep. by its PrincipalSecretary, Secretariat, Hyderabad.Secretary, Secretariat, Hyderabad.

2. The Commissioner, Endowments Department, Hyderabad.

3. The Asst. Commissioner of Endowments, Endowments Department,Mahbubnagar Division.Mahbubnagar Division.

4. The lnspector, Endowments Department, Mahbubnagar Division.

...RESPONDENTS

Petition under Article 226 of the Constitution of [lndia ][praying ][that ][in ][the]circumstances stated in the affidavit filed therewith, the [High ][Court ][may be pleased ][to]issue a writ, order or direction more [particularly ]one [tn ][the ][nature of writ ][of ][mandamus]declaring the G.O.Rt. No. 227, Revenue [(Endowments-ll) Department ][dated]0910912020, (Memo no. 12855/Endts.ll/A212019 dated 09.09.2020) of the [1st]Respondent issued in Form-l under Rule 4(1) of the Appointment [of ][Trustee ][Rules,]1987 to the Sri Laxmi Narasimha Swamy Temple New Gunj, [Mahabubnagar, ][the]consequential [proceedings ]in Rc.No. C11807112O20 [daled ][2110912020 ][of ][the ][2nd]Respondent and the consequential memo no. Cl1909l2O2O [dated ][25109/2020 ][of ][the]3rd Respondent as illegal, arbitrary, contrary to the [provisions ][of the ][T.S. ][Charitable]and Hindu Religious lnstitutions and Endowments Act, 1987 and [violative ][of ][Articles]14, 19, 26 of the Constitution of lndia and consequently to set aside [the ][G.O.Rt. ][No.]227, Revenue (Endowments-ll) Department dated [0910912020, ][(Memo ][no.]12855/Endts.ll/ A212019 dated 09.09.2020) of the 1st Respondent issued [in ][Form-l]under Rule 4(1 ) of the Appointment of Trustee Rules, [1987, ][the ][consequential]proceedings in Rc.No. C118071l2O2O daled 2110912020 of the 2nd Respondent andthe consequential memo no. C/1909/2020 dated.25109/2020 of [the ]3rd [Respondent.]

/lA NO: 1OF 2020

/lA NO: 1OF 2020

Petition under S ection 151 CPC praylng that in the circumstances stated inthe affidavit filed in su rport of the petition, the High court may be pleased to directthe Respondents to f( llow the tradition, custom, usage and practice of Sri LaxmiNarasimha Swamy Te nple, New Gunj, Mahabubnagar and appoint the trust boardthe affidavit filed in su rport of the petition, the High court may be pleased to directthe Respondents to f( llow the tradition, custom, usage and practice of Sri LaxmiNarasimha Swamy Te nple, New Gunj, Mahabubnagar and appoint the trust boardas was done earlier : s per the practice in vogue by following section 13 of theTelangana Charitable lindu Religious lnstitutions and Endowment Act, i 9g7, whilesuspending the G,O. lt. No. 227, Revenue (Endowments-ll) Department dated09.09.2020, (lVlemo r t. 12855t Endts.il/ A2t2019 dated 09 09.2020) of the 1stRespondent issued in [:orm-l ]under Rule 4(1 ) of the Appointment of Trustee Rules,09.09.2020, (lVlemo r t. 12855t Endts.il/ A2t2019 dated 09 09.2020) of the 1stRespondent issued in [:orm-l ]under Rule 4(1 ) of the Appointment of Trustee Rules,1987, the consequent ll proceedings in Rc.No. c1lBo71tzo2o dated 21.09.2020 ofthe 2nd Respondeni and the consequential memo no. C/1909/2020 dated25.O9.2020 of the 3rd lespondent.the 2nd Respondeni and the consequential memo no. C/1909/2020 dated25.O9.2020 of the 3rd lespondent.

Petition under S ection ['1 ]51 CPC praying that in the circumstances stated inthe affidavit filed in su rport of the petition, the High court may be pleased to permitthe petitioner to file m rterial papers as additional material papers in w.p. No 19757of 2020 and receive th ) same, in the interest of justice.

lA Nos: 1 & 2 OF 2021 Common CT

Between:

1. P.Srinivasulu, S, t.Pola Prabhakar

2. Galula Uma Rar i, D/o.Sugaiah

3. E.Sanjeeva Gol l, S/o.Edula Krishnaiah Goud

4. Rudavath Rame;h, S/o.Rudavath Shanker

...lmplead Petitioners/Proposed R.5 to R.B

AND

1. The,uahabubri gar Grains and seeds Merchants Association, registration no.'100/69, _New Gt nj, Mahabubnagar, Telangana Rep by its presirlent"ChennarapuAshok Kumar'100/69, _New Gt nj, Mahabubnagar, Telangana Rep by its presirlent"ChennarapuAshok Kumar2. Chennarapu A: hok Kumar, -S/o. C. Ramulu, Aged about 48 years, Occ.Business, FY o H.No. 1-4-160, 40 houses, Rajeidranagar ruew fowri, iiOKalyana Manda ram, [,4ahabubnagar DistrictBusiness, FY o H.No. 1-4-160, 40 houses, Rajeidranagar ruew fowri, iiOKalyana Manda ram, [,4ahabubnagar District Respo ndents,A/Vrit Petitioners3. The State o1 Te tngana, Endowment Department, Rep. by its prrncipalSecretary, Secr, )tariat, Hyderabad.Secretary, Secr, )tariat, Hyderabad.

4. The Commissio ter, Endowments Department, Hyderabad.

5. The Asst. Comr tissioner of Endowments, Endowments Department,Mahbubnagar f ivision.Mahbubnagar f ivision.

6. The lnspector, I ndowments Department, Mahbubnagar Division.

.,.Respondents/Respondent Nos.1 to 4

lA No.1 oF 2021

Petition under I iection 151 cpc praying that in the circumstances stated in theaffidavit filed in suppc t of the petition, the High court may be pleased to implead thepetitioners herein as ,arty Respondent No 5 to B in the above Writ petition W.p. No1975712020 and misc rllaneous Petitions.

Petition under Section 151 cPC praying that in the circumstances stated in theaffidavit filed in support of the petition, the High court may be pleased to vacate theaffidavit filed in support of the petition, the High court may be pleased to vacate theinterim stay granted by order dated 11/1 112020 ln W.p. No 19757t2O2O.

lA NO: 4 OF 2021

Between:

1. The Principal secretary state of relangana, Endowment Department, secretariatBuildings, Hyderabad.Buildings, Hyderabad.

2. The Commissioner, Endowments Department, Hyderabad.

3. The Asst. Commissioner, Endowments Department, Ir/ahbubnagar Dist.

4. The lnspector, Endowments Department, IVlahbubnagar Division.

. Petitioners/ Respondents

AND

1. The.lrilahabubragar Grains and Seeds Merchants Association, registration no.100/69,New Gunj, Mahabubnagar, Telangana Rep by its President-ChennarapuAshok Kumar100/69,New Gunj, Mahabubnagar, Telangana Rep by its President-ChennarapuAshok Kumar

2. Chennarapu Ashok Kumar, S/o. C. Ramulu, Aged about 48 years, Occ.9usiness, [R/ ][o. ][H.No. ][1-4-160, ][40 ][houses, ][Rajendranagar ][New ][-Town, ][TTD]Kalyana Mandapam, Mahabubnagar District9usiness, [R/ ][o. ][H.No. ][1-4-160, ][40 ][houses, ][Rajendranagar ][New ][-Town, ][TTD]Kalyana Mandapam, Mahabubnagar District

... Petitioners/Respondents

Petition under Section 151 CPC praying that in the circumstances stated in theaffidavit filed in support of the petition, the High court may be pleased to vacate theaffidavit filed in support of the petition, the High court may be pleased to vacate theinterim stay order passed in WP.No.19757 oI 2020, dt.11l1jl202O and dismiss theinstant writ petition.instant writ petition.

Counsel for the Petitioners: SRI T.SURYA SATISH

Counsel for the Respondents: GP FOR ENDOWMENTS

The Court made the following: ORDER

/-1

\

THE {ON'BLE DT. JUSTICE SHAMEEM AKTHER

WRITETIONo 197 70 F20 20

ORDER:

Learne i counsel for the

petitio ners seeks permission of

this Court to withdraw this Writ petition.

2. Permis;ion is accorded.

3. Accord rgly, this Writ petition is dismissed as yiithdrawn.

No costs.

Miscelli neous petitions, if any, pending in this Writ petition sha ll stand cl rsed.

SD/- I. NAGALAKSHMIASSISTANT REGISTRAR//TRUE COPY/I ,iy-SECTION OFFICER

To,1. Two CCs to the [(;p ]for Endowments, High court for the State of Telangana.louTl2. One CC to SRI [' ].SURYA SAT|SH, Advocate tOpUCl3, Two C.D. Copies4. One Spare CopyI\IRCNPJt HIGH COURT

DATED:30/1 [2/2021]

ORDERWP.No.19757 of [2020]

DISMISSING [THE ][WT ][IT PETITION]AS WITHDRAWN WI' [HOUT ][COSTS]

@^'..Aa-----fidt'?

JJAN(I\\.

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