Sri Laxmi Ganapathi Saraswathi Abhayanjaneya Swamy Temple Welfare Society vs The State Of Telangana & Ors.

Heard Sri Alluri Divakar Reddy, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Endowments, appearing on behalf of the respondents.

The petitioner approached the Court seeking prayer as under:

The case of the petitioner, in brief, is that the petitioner is a society registered under the Telangana Societies Registration Act, 2003 vide Registration No.349 of 2014 dated 08.05.2014. The petitioner society had been managing Sri Laxmi Ganapathi Saraswathi Abhayanjaneya Swamy Temple situated at 2-132, FCI Colony, Gopalapuram, Hanumakonda Mandal, Hanumakonda District. The society acquired 1320 square yards of land through a registered Gift Settlement Deed dated 24.09.2012 from Devasani Sambaiah and Maram Komura Reddy. The petitioner society constructed the temple with contributions collected from residents of the FCI Colony without any Government financial assistance, and inaugurated the temple on 22.06.2014. On 23.07.2026, the petitioner found affixed at the temple a Notice vide Letter No.A1/1187/2026 dated 15.07.2026 issued by the 3^rd respondent proposing registration of the temple under Section 43 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987. On the same day, the petitioner submitted a detailed explanation opposing the proposal, which remained pending. Apprehending that the respondents would proceed with registration allegedly at the instance of local leaders, contrary to the statutory procedure, the petitioner filed the present Writ Petition seeking quashing of the notice, and restraint against interference with the society's management of the temple.

Learned counsel appearing on behalf of the petitioner mainly put-forth the following submissions:

The petitioner society had acquired land admeasuring 1320 Sq. yards situated at 2-132/FCI Colony, Gopalpuram, Hanumakonda Mandal from one Devasani Sambaiah and Maram Komura Reddy through registered a Gift Settlement deed on 24.09.2012.

The petitioner society had constructed Sri Laxmi, Ganapathi, Saraswathi, Abhayanjaneya Swamy Temple in the year 2014 at Gopalpuram, Hanumakonda, Hanumakonda District, without availing any financial assistance from the Government or the Endowment Department.

All the members of the petitioner society themselves manage and cover all expenses related to the temple, including incense (dhupa), lamp (deepa) and offerings (naivedya) solely through the funds received by the petitioner society.

The petitioner society had found affixed a Notice vide Letter No.A1/1187/2026 dated 15.07.2026 issued by the 3^rd respondent proposing registration of the subject temple under Section 43 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987.

The petitioner society submitted a detailed explanation dated 23.07.2026 in reply to Notice issued by the 3^rd respondent, which had been even acknowledged by the office of the Assistant Commissioner, Endowment Department, Warangal District on 23.07.2026 itself. However, no orders had been passed as on date on the said explanation furnished by the petitioner in response to the Notice issued to the petitioner dated 15.07.2026 by the 3^rd respondent herein. The said action of the 3^rd respondent is illegal.

Based on the aforesaid submissions, the learned counsel appearing on behalf of the petitioner contends that the petitioner is entitled for the relief as prayed for in the present writ petition.

Learned Assistant Government Pleader appearing on behalf of the respondents brings on record Written Instructions of the 3^rd respondent dated 30.07.2026 and mainly puts forth the following submissions:

Sri Mahalaxmi Ammavari Temple is situated at Sai Krishna Colony, Gopalpuram (V) Hanamkonda (M), Hanamkonda District and the said temple is not published and registered as per the provisions of the Endowments Act.

The colony members formed one Temple Development Committee and Colony Development Committee. Subsequently, the Presidents of both such committee, approached the Office of the Assistant Commissioner, Endowments Department, Warangal District, and requested to register the subject temple and proposals under Section 43 of the Endowments Act 30/1987, from the Inspector, Endowments Department, Warangal Division vide Rc.No.Insp/Wgl/2026, dated 06.07.2026 had been obtained in order to ensure proper administration of the subject temple. Accordingly, a notice had been issued to the petitioner society.

Though the temple is not registered under the Endowments Act, yet the Assistant Commissioner, Endowments Department, as per Section 43 of the Endowments Act, is competent to register the same under the Charitable Institutions and Endowments Act.

Further action in pursuance to the Notice issued to the petitioner would be as per the provisions of the Endowments Act 30/1987.

Based on the aforesaid submissions, learned Assistant Government Pleader appearing on behalf of the respondents contends that appropriate orders may be passed.

A bare perusal of the record indicates that in response to the Notice dated 15.07.2026 issued by the Assistant Commissioner, Endowments Department, Warangal District to the petitioner herein, the petitioner society gave a detailed explanation putting forth the petitioner's objections for bringing the subject temple under the Endowments Department, and to further withdraw the very same notice issued to the petitioner society and to that effect signatures of all the members belonging to the petitioner's society had also been enclosed, this Court opines that in view of the fact that a detailed explanation dated 23.07.2026 had already been furnished by the petitioner society in response to the notice issued by the Assistant Commissioner, Endowments Department, Warangal dated 15.07.2026 under Section 43 of the Endowments Act 30/1987, appropriate orders need to be passed by the competent Authority i.e., the 3^rd Respondent herein duly considering the explanation of the petitioner dated 23.07.2026, hence the relief of setting aside the Notice dated 15.07.2026 by the 3^rd respondent cannot be granted now at this point of time.

Taking into consideration :

The aforesaid facts and circumstances of the case,

The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader, appearing on behalf of the respondents,

The discussion and conclusion as arrived at paragraph Nos.5 to 8 of the present order,

The Writ Petition is disposed of directing the 3^rd respondent herein to consider the Explanation/Objections of the petitioner dated 23.07.2026 submitted in response to the Notice dated 15.07.2026 issued by the Assistant Commissioner, Endowments Department, Warangal District, in accordance to law, in conformity with principles of natural justice by providing an opportunity of personal hearing to the petitioner and take a decision on the subject issue and duly communicate the same to the petitioner herein, within a period of three (03) weeks from the date of receipt of a copy of the order. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.