RAM HANUMAN MUTT Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed seeking to declare the Memo No.17850/Endowments-II/A1/2008 dtd. 26/8/2013 issued by the respondent No.1 as illegal and arbitrary, to set aside the order dtd. 19/3/2008 passed in R.P.No.1056/2004 by the respondent No.3 and the Gazette Notification dtd. 21/9/1989 notifying the subject institution as a 'Temple' under Sec. 6(c)(ii) of the Telangana Charitable and Hindu Religious Institution and Endowments Act, 1987 (for short 'the Act, 1987') and direct the respondent No.1 to notify in the office Gazettee that the petitioner Institution as a 'Mutt' under Sec. 6(d) of the Act, 1987.

(2.) Heard Sri M.R.S.Srinivas, learned Counsel for the petitioner-Mutt, Sri B. Mangilal Naik, learned Government Pleader for Endowments for the respondent Nos.1 to 4, Sri W.B.Srinivas, learned Senior Counsel representing Sri K. Ramalingeswara Sarma and Ms. K. Kavya Sree, learned counsel for the respondent No.5 and perused the material on record. Contentions of the writ petitioner:

(3.) Learned Counsel for the petitioner-Mutt submits that the petitioner-Mutt was established by late Guru Mahant Mohan Das Ji, who was the jagirdar and sole Mahant of the said Mutt and Sri Kyalikadas Mutt, Begum Bazar and it was registered with Endowment Department in F.No.16/2, Aukaf in the year, 1345 Fasli as per the Muntakhab Kitabul Aukaf prepared by the Director of Ecclesiastical Department of Sarkar Ali Government. In the said mutt, there are three Samadhis of late Guru Mohan Das Ji, late Guru Rambharose Das Ji and late Guru Moti Das Ji. After the death of Mahant Guru Moti Das Ji, Sri Mahant Rambharose Das was recognized as Mahant of petitioner-Mutt vide proceedings No.53/01/1957 dtd. 8/10/1960 issued by the Assistant Secretary, Board of Revenue, Government of Andhra Pradesh and the wife of Late Guru Mahant Moti Das Ji, namely Smt Hira Bai was appointed as guardian.