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2023 DIGILAW 616 (TS)

N. Anji Reddy v. State of Telangana

2023-08-30

C.SUMALATHA

body2023
JUDGMENT 1. Heard Sri Pavan Kumar Pujari, learned counsel for the petitioner, Sri S.Venkata Ramana, learned Government Pleader for Endowments. 2. Though Sri J.A.Manohar Rao, learned Standing Counsel on record representing respondent No.4 failed to make his appearance and submit his contentions, however, the contents of the counter-affidavit filed by him are taken into consideration. 3. This writ petition is filed seeking an order, more particularly, in the nature of writ of mandamus declaring the action of the Executive Officer of 4th respondent-temple in not handing over the charge of the temple to the petitioner which is in violation of G.O.Rt.No.276, dtd. 25/8/2022 that was issued by the Government of Telangana, as illegal. 4. Contending that the appointment of Executive Officer and his continuance is in violation of the order issued by the Government of Telangana, learned counsel for the petitioner made his submissions with regard to the merits of the matter. Learned counsel mainly stressed upon the contents of G.O.Rt.No.276, Revenue (Endowments.II) Department, dtd. 25/8/2022. The said order reads as under: "The Commissioner, Endowments Department, Hyderabad in his letter read above, has requested for grant of exemption from the operation of Ss. 15 and 29 of the Act No.30 of 1987 to Sri Bhramaramba Mallikarjuna Swamy (Mallanna) Temple, Bakaram, Musheerabad, Hyderabad. 2. Government after careful examination of the matter, under Sec. 154 of the Telangana State Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act No.30 of 1987) have decided to accord exemption to Sri Bhramaramba Mallikarjuna Swamy (Mallanna) Temple, Bakaram, Musheerabad, Hyderabad from the operation of the provisions under Ss. 15 and 29 of the said Act for a period of three (03) years, from 12/6/2022 to 11/6/2025. 3. Accordingly, the following notification shall be published in the Telangana Gazette. NOTIFICATION In exercise of the powers conferred under Sec. 154 of the Telangana State Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act No.30 of 1987), the Government of Telangana hereby exempts Sri Bhramaramba Mallikarjuna Swamy (Mallanna) Temple, Bakaram, Musheerabad, Hyderabad from the operation of Ss. 15 and 29 of the Telangana State Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act No.30 of 1987) for a period of three (03) years, from 12/6/2022 to 11/6/2025. 4. The Commissioner, Endowment Department, Telangana, Hyderabad shall take necessary further action in the matter accordingly." 5. 15 and 29 of the Telangana State Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act No.30 of 1987) for a period of three (03) years, from 12/6/2022 to 11/6/2025. 4. The Commissioner, Endowment Department, Telangana, Hyderabad shall take necessary further action in the matter accordingly." 5. Learned counsel states that when the Government in exercise of the power conferred under Sec. 154 of Telangana State Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') exempted the subject temple i.e., Bhramaramba Mallikarjuna Swami (Mallanna) Temple, Bakaram, Musheerabad from the operation of Ss. 15 and 29 of the said Act, continuation of Executive Officer is undesirable. By the notification referred, the Government has exempted the subject temple from the operation of Ss. 15 and 29 of the Act for a period of three years commencing from 12/6/2022 and extending till 11/6/2025. Sec. 15 of the Act deals with appointment of Board of Trustees and Sec. 29 deals with appointment and duties of the Executive Officer. The application of both those provisions is exempted through the G.O. referred supra. 6. Learned Government Pleader for Endowments stressing upon the point that the Commissioner of Endowments has got power to appoint an Executive Officer, relied upon Sec. 8 of the Act. 7. In the case on hand, the power of Commissioner to appoint Executive Officer is not an issue. The core issue is whether an Executive Officer can be appointed to the subject temple in the light of exemption granted regarding the operation of Ss. 15 and 29 of the Act. In this regard, learned counsel for the petitioner placed reliance upon the judgment of the High Court of A.P. in the case of Dodla Murali Krishna Reddy vs. Commissioner of Endowments, 2022(1) ALT 1 . where the Court dealing with a similar issue at para 7 observed as follows: "Sec. 155(2)(a) creates a legal fiction that all notifications and orders passed under the 1966 Act shall be deemed to have been passed under the corresponding provision of law in the 1987 Act. where the Court dealing with a similar issue at para 7 observed as follows: "Sec. 155(2)(a) creates a legal fiction that all notifications and orders passed under the 1966 Act shall be deemed to have been passed under the corresponding provision of law in the 1987 Act. It further states that all orders, exemptions, notifications and proceedings issued under the provisions of the 1996 Act would continue to remain applicable to the institutions and the authorities under the 1987 Act also unless they are either inconsistent with the provisions of the 1987 Act or are modified, cancelled or superseded under the provisions of the 1987 Act." Also, the Court at para 11 of the order held as under: "The exemption granted to this temple continues to remain in force and consequently, the 1st respondent-Commissioner of Endowments could not have appointed an Executive Officer to this temple." 8. When the Government itself has exempted operation of Ss. 15 and 29 of the Act, the Commissioner cannot place his reliance upon the contents of Sec. 29 of the Act and appoint an Executive Officer to the subject temple. Hence, the Executive Officer cannot be permitted to continue his operation over the affairs of the subject temple. 9. Hence, the Writ Petition is allowed in part. The Commissioner, Endowments is directed to issue proceedings within two weeks from the date of receipt of a copy of this order directing the Executive Officer to hand over the charge of the subject temple to the competent person as provided under the provisions of the Telangana State Charitable and Hindu Religious Institutions and Endowments Act and the Government orders issued, if any, in that regard. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.