AI Structured Summary
Not yet generated for this judgment
Judgment
Mr. Pratap Narayan Sanghi, learned Senior Counsel represents Mr. Avadesh Narayan Sanghi, learned counsel for the petitioners in W.P.No.24029 of 2021.
Mr. S. Ashok Anand Kumar, learned Senior Counsel represents Mr. N. Gangadhar, learned counsel for the petitioners in W.P.No.9942 of 2026.
Mr. T. Sanjay Rao, learned counsel for the petitioners in W.P.Nos.25572 of 2018 and 21144 of 2019.
Mr. Ashok Reddy Kanathala, learned counsel for the petitioner in W.P.No.35248 of 2025.
Mr. A. Sudarshan Reddy, learned Advocate General, appears for the State.
The present batch of writ petitions and civil miscellaneous appeal are with regard to validity of Rule 22(2) of the Telangana Charitable and Hindu Religious Institutions and Endowments Tribunal Rules, 2010 (for short, “the Rules”), which is extracted below:
“Both the Chairman and Member should hear the arguments in the application and deliver the order signed by both of them or independently. In case of disagreement, the Chairman shall address the Government.”
In sum and substance, the challenge of the petitioners is to Rule 22(2) of the Rules which provides that in case of difference of opinion between the Chairman and the Member of the Telangana Endowments Tribunal (for short, “the Tribunal”), the matter would be referred to the State Government. The impugned Rule was assailed amongst others also on the ground that the Government cannot function in an adjudicatory capacity in case of difference of opinion in judicial proceedings between the Members comprising the Bench. The matters were taken up earlier on 11.11.2025 when the learned Advocate General sought time to deliberate with the State Government officials on the impugned Rule 22(2) of the Rules. Thereafter, the matters were adjourned on number of occasions as a draft amendment bill was prepared to amend Rule 22(2) of the Rules.
Today, when the matters have been taken up, learned Advocate General has brought to the notice of this Court G.O.Ms.No.149, dated 30.06.2026, by which Rule 22(2) of the Rules has been amended in exercise of powers conferred under sub-section (6) of Section 162 read with Section 153 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987. The notification dated 30.06.2026 is taken on record. The amendment made to Rule 22(2) of the Rules is extracted hereunder:
“NOTIFICATION
In exercise of the powers conferred under sub-section (6) of section 162 read with section 153 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act No.30 of 1987), the Government hereby makes the following amendments to the Telangana Charitable and Hindu Religious Institutions and Endowments Tribunal Rules, 2010, issued in G.O.Ms.No.180, Revenue (Endts-I) Department, dated 28.02.2011 and as amended from to time.
AMENDMENTS
In the said Rules, in rule 22,
(a)for sub-rule (2), the following shall be substituted, namely,-
“(2) Both the Chairman and the Member shall hear the arguments in the application and deliver the orders signed by both of them or independently. In case of disagreement between the Chairman and the Member, the decision of the Chairman shall prevail and such decision shall be deemed to be the decision of the Tribunal.”
(b)after sub-rule (2) so substituted, the following sub-rules shall be added, namely,-
“(3) Any person aggrieved by the decision of the Tribunal under sub-rule (2) shall appeal to the High Court within ninety days (90) from the date of the decision of the Tribunal:
Provided that any matter referred to the Government prior to the amendment under rule 22(2) shall be returned to the Tribunal for taking a decision in accordance with the rule 22(2) as amended:
Provided further that any case pending before the Hon’ble High Court arising out of a reference made to the Government shall, subject to the orders of the Hon’ble High Court, be remitted to the Tribunal for reconsideration in accordance with the rule 22(2) as amended.”
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)
SMT. SHAILAJA RAMAIYER
PRINCIPAL SECRETARY TO GOVERNMENT”
Learned Advocate General submits that in view of the amendment to Rule 22(2) of the Rules, all the matters may be disposed of. He further submits that matters which are pending before this Court arising out of reference made to the Government under the existing Rule may also be remitted to the Tribunal for reconsideration in accordance with Rule 22(2) of the Rules as amended.
Learned Senior counsels and other counsels appearing for the petitioners also agree that in view of the amendment to Rule 22(2) of the Rules, all the matters can be disposed of. The matters, which are pending before the Government on reference made under the existing Rule 22(2) of the Rules, be directed to be placed before the Tribunal for reconsideration in accordance with the amended Rule 22(2) of the Rules.
Having regard to the aforesaid facts and circumstances and the amendment to Rule 22(2) of the Rules brought on record, we are of the view that the issue arising out of the existing Rule 22(2) of the Rules does not survive for adjudication by this Court. The case of the parties would be governed by the amended Rule 22(2) of the Rules. The writ petitions arising out of cases, which have been referred to the State Government, are remitted to the Tribunal for reconsideration in accordance with the amended Rule 22(2) of the Rules. Needless to say, the learned Tribunal would dispose of all such matters in accordance with the amended Rule 22(2) of the Rules wherever need arises.
With the above observations, all the writ petitions and the civil miscellaneous appeal are disposed of. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand closed.