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2025 DIGILAW 622 (TS)

Malathi Memorial Charitable Trust v. State of Telangana

2025-05-02

E.V.VENUGOPAL

body2025
ORDER : (E.V. VENUGOPAL, J.) This Writ Petition is filed under Art 226 of Constitution of India seeking the following relief/s:- 2. Heard Mr.Dammalapati Srinivas, learned senior counsel represented Mr.Rohit Pogula, learned counsel for the petitioner and Mr.Mangilal Naik, learned Assistant Government Pleader for Endowments for respondent. Perused the record. 3. Learned senior counsel for the petitioner submits that the Petitioner Trust is a Charitable Trust which is registered vide Deed of Trust bearing Doc.No.94/2002 dated 02.04.2002 on the file of S.R.O. Chikkadpally, Hyderabad and having its Registered Office at Flat No.204, Suryakiran Apartments, H.No.1-2-593/24, Domalguda, Hyderabad-500029. 4. He further submits that the Petitioner Trust is mainly established for charitable purposes, more particularly (i) for assistance to poor students for education; (ii) for assistance to handicapped people; (iii) to provide for recreation facilities including library, sports club etc. and (iv) for assistance and maintenance of sports person. 5. He further submits that after establishing the Petitioner Trust, it had acquired the following immovable properties and continued to be in possession and enjoyment of the same, holding valid title and ownership over the same. 6. He further submits that the Petitioner Trust had convened a Managing Committee Meeting on 15.12.2024 and discussed about the ongoing difficulties which are faced by the Petitioner Trust due to lack of funds and felt that the sale of property is (i) necessary and beneficial to the Trust, (ii) Consistent with the objects of the Trust and (iii) the consideration to be received on sale of developed area is reasonable and proper. Finally, the Managing Committee unanimously resolved that the subject lands should be sold to third party and the sale proceeds received there from shall be utilized for providing benefit to the people, who are coming within the ambit of objects of the Trust. 7. Finally, the Managing Committee unanimously resolved that the subject lands should be sold to third party and the sale proceeds received there from shall be utilized for providing benefit to the people, who are coming within the ambit of objects of the Trust. 7. He further submits that pursuant to the Resolution dated 15.12.2024, the Petitioner Trust was compelled to take prior permission from the competent authority i.e., Respondent No.2, for sale of immovable property held by the Petitioner Trust, according to Section 80 of the Telangana Charitable and Hindu Religious Institutions and Endowment Act, 1987 (referred to as ‘the Act’), as Petitioner Trust is falling with the definition of Sections 2 (4) & 2 (5) of the Act, irrespective of the fact that the Petitioner Trust is neither registered nor published under the Act, on 10.01.2025 & 25.04.2024, the Petitioner Trust has given a Representation to the Respondent No.2 narrating all the factual aspects and requested to grant permission for sale of subject agricultural lands, in total, admeasuring Ac.39-18 Guntas situated at Gollur Village, Maheshwaram Mandal, Ranga Reddy District, covered under the registered documents, in order to utilize the sale proceeds received there from for providing benefit to the people, who are coming within the ambit of objects of the Trust. Having received the same by the Respondent No.2 under proper acknowledgement, the Respondent No.2 has not taken any action, so far. Aggrieved by the same, the petitioner preferred the present Writ Petition. 8. On the other hand, learned Assistant Government Pleader for Endowments seeks to pass the orders on merits. 9. Having regard to the submissions of both the learned counsel, this Court deems it appropriate to dispose of the Writ Petition by directing the respondent authorities to consider the representations dated 10.01.2025 and 25.04.2025 made by the petitioner and pass appropriate orders as expeditiously as possible strictly in accordance with law. No costs. 10. With the above direction, this Writ Petition is disposed of. No costs. Miscellaneous Petitions, pending if any, shall stand closed.