HON’BLE THE ACTING CHIEF JUSTICE SRI GHULAM MOHAMMED AND HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO. 10004 OF 2010 ORDER:- (Per Justice Nooty Ramamohana Rao) The petitioner, a resident of Khammam town, submits that he is a devotee of Sri Guntumalleswara Swamy Temple situate at Trunk Road, Khammam Town, as well as that of Sri Ramachandrula Guruvaiah Gari Satram and Shankar Mutt. He instituted this writ petition challenging the validity of the orders passed on 22.04.2010 by the Commissioner of Hindu Religious Charitable Endowments, Hyderabad, entrusting the management of Sri Ramachandrula Guruvaiah Gari Satram and Shankar Mutt to Sri Sringeri Mutt. The petitioner submits that Sri Guntumalleswara Swamy Temple was constructed long years ago, and the same was renovated about 100 years back by the local residents of Khammam Town and subsequent thereto, Sri Ramachandrula Guruvaiah Gari Satram was got constructed in the land situate in Survey No.26 of Khammam Town, which belongs to the aforesaid temple. Notwithstanding the fact that only on 26.09.2008, the Commissioner of Endowments has granted permission to the Deputy Commissioner, Warangal and Executive Officer of Sri Guntumalleswara Swamy Temple for amalgamation of Sri Ramachandrula Guruvaiah Gari Satram and Shankar Mutt with Sri Guntumalleswara Swamy Temple, Khammam, but however, for no valid reasons, these orders of the Commissioner dated 26.09.2008 have been cancelled by the Commissioner on 15.03.2010, based upon a report said to have been submitted by the Deputy Commissioner, Endowments Department, Warangal, and also as per the request of the Brahmin Welfare Society, Khammam. This according to the petitioner is likely to result in misutilization of the extensive properties belonging to the said institution. The petitioner submits that entrusting the management of the chowltry and the Shankar Mutt to Sri Sringeri Mutt would only help the later to appropriate income from the properties endowed and decline to carry out various objectives for which the Satram has been established. 2. Heard Sri D. Sudarshan Reddy, learned counsel for the petitioner, learned Government Pleader for Endowments and Sri P. Sri Raghuram on behalf of the Dharmadikari of the Shankar Mutt, Khammam and Sri Kowturi Vinay Kumar on behalf of the other party respondents. 3. Sri D. Sudarshan Reddy had contended that the petitioner is genuinely interested in ensuring that the chowltry is run properly and carefully and it should not be mismanaged or the income generated from the assets of the chowltry should not be misutilized. When the chowltry is run properly by the Executive Officer of Sri Guntumalleswara Swamy Temple, there should not have been a transfer and entrustment of it’s management to a different entity called Sri Sringeri Mutt. Learned counsel would submit that, if the chowltry is managed properly and carefully, the petitioner has no objection for its management by anyone. He requested the Court to provide for adequate safeguards in that regard. 4. Sri P. Sri Raghuram, learned counsel for the Shankar Mutt, whose management is entrusted to Sri Sringeri Mutt, after making elaborate submissions has also ensured that the Dharmadikari of the Shankar Mutt at Khammam files an appropriate memo in the above case. The contents of the said Memo read as under:- MEMO I as Dharmadikari Sri Shringeri Mutt, having undertaken on full Management of Sri Ramachandrula Guravaiah Satram, as per will deed of the founder Sri Ramachandrula Guravaiah Purohit with certain aims and objects and we will implement it is follows: 1. Weekly “Annadanam” to poor people and beggars of the Society 2. Shelter and “Annadanam” to the Brahmins Tourist who come to visit the satram from other places. 3. “Annadanam” on the specific and auspicious days and occasions as mentioned by the donors. INCOME & EXPENDITURE: The monthly statements of income and expenditure will be published on Notice Board of Shankar Mutta for the knowledge of public and the relevant statement will be furnished to Sri Shringeri Mutt and the state representative of Shringeri Shankermutt at Hyderabad for inspection and review from time to time. PROPERTIES: The properties of the Institution will neither be alienated nor sold. I undertake dutifully to perform the above tasks so long in the office as Dharmadhikari. DHARMADIKARI OF SHRINGERIMUTT 5. In view of the contents of the memo, Sri P. Sri Raghuram would submit that the apprehensions entertained by the petitioner in the above writ petition should be held as baseless and this writ petition should be dismissed. 6. Learned Government Pleader for Endowments would submit that, for purpose of better management of an institution, if the same has been entrusted to an organization which is totally dedicated for upholding Hindu Dharma and carry on the related works, there should not have been any objection from a single devotee for such entrustment of the management. Learned Government Pleader had drawn our attention to the contents of the counter affidavit filed by the Commissioner of Endowments. Sri K. Pavan Kumar, appearing for the unofficial respondents would submit that Sri Guntumalleswara Swamy Vari Devasthanam is an ancient Shivaite white temple, whereas, Sri Ramachandrula Guruvaiah Gari Satram and Shankar Mutt have been constructed about 100 years back and the effort made by the well-meant devotees for carrying on the objectives made by the principal donor should not have been faulted at all. 7. Legend has it, that, Sri Adi Shankaracharya has established four different Pithams across the breadth and length of this country. The first and foremost Pitham to be established by him in that regard is the one which is established at Sringeri. The remaining three are established at Puri, Dwaraka and Kedar. Thus, Sri Sringeri Mutt is one of the most renowned Mutts propagating Hindu Philosophy and has been rendering yeomen service for protecting, preserving and propagating the values of ancient Hindu Philosophy. From the registers maintained with the Endowments Department, it is distinctly clear that Sri Guntumalleswara Swamy Vari Devasthanam is an ancient temple which is constructed nearly 500 years back by the then rulers of the area. They worshipped at that temple for long periods. Somewhere in late 1950’s, this Temple has been completely renovated. As of now, it’s administration is managed under the direct control and supervision of an officer appointed by the Endowments Department as an Executive Officer to the said Temple, whereas, in 1336 Fasli, a great philanthropist by name Sri Ramachandrula Guruvaiah Garu got constructed a chowltry at Khammam Town, to provide for the lodging and boarding facilities for the poor Brahmins who come from far-off places. It is also intended by him that the Satram must provide for Annadanam so that nobody should go hungry for want of food. Hence, he has endowed valuable properties exclusively to the Satram. Over a period of time, Sri Sringeri Mutt was got constructed in the said premises installing various deities therein including that of Sri Adi Shankaracharya. This Satram has been endowed with extensive properties and they are not connected with Sri Guntu Malleswara Swamy vari temple or properties belonging to it and with the income generated there from, the objectives of the principal donor are carried on faithfully. It is therefore clear to us that Sri Guntumalleswara Swamy Vari Temple is a separate institution and establishment while, Sri Ramachandrula Guruvaiah Gari Sathram is a different and separate entity by itself. The fact that, they are proximately situated or render complimentary services to each other, is of very little legal significance. If an institution of the standing and repute of Sri Sringeri Mutt has come forward to manage the Ramachandrula Guruvaiah Gari Sathram and Shankar Mutt established therein and undertook to carry on the objectives of the principal donor, there cannot be objection based upon any principle. What is important, which is sought to be achieved by the impugned order is that the chowltry is run and managed properly by entrusting it’s management to an efficiently run organization. The contents of the memo filed by the Dharmadikari of the chowltry certainly speak of the commitment to fulfill and carry out the objectives and wishes of the donor truthfully and faithfully. But however, purely as an additional precautionary measure, we direct the Dharmadikari, Shankar Mutt, Khammam to furnish a copy of the annual income and expenditure statement, apart from putting it upon it’s notice board, to the Regional Joint Commissioner of Endowments also. That should put paid to all apprehensions of any possibility of mismanagement of the Chowltry or failure to carry out the objectives of the founder philanthropist, by the Sringeri Mutt. 8. With this, the writ petition stands disposed of. No costs. ______________________________ GHULAM MOHAMMED, HACJ ________________________________ NOOTY RAMAMOHANA RAO, J 11th November, 2011 sp HON’BLE THE ACTING CHIEF JUSTICE SRI GHULAM MOHAMMED AND HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Pre-delivered Judgment Per Justice Nooty Ramamohana Rao) IN WRIT PETITION NO. 10004 OF 2010 10th November, 2011 sp