High Court · 2025

3. Sri Jayagiri Laxmi Narsimha Swamy Devasthanam, J.L.N S Nagar, Buddha Vikar, Near Mahendra Hills, Malkajgiri, Medchal - Malkajgiri District.

4. The Station House Officer, tvlalkajgiri Police Station, The State of Telangana. 5. The Commissioner, Endowments Department, Medchal - Malka.igiri District. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be rB pleased to issue an appropriate Writ, Direction or Order, par.icularly one in the nature of Mandamus. a. Declanng the action of the Respondent No. 2lo 4 in evicling the Petitioners without issuing any notice or service of any order from their houses situated at H.No. '17-246, 17-250,17-21911,17-255, 17-249, 17-217 and 17-241 aI J.L.N.S Nagar, lt4alakajgiri, Medchal-Malkajgiri District, as illegal, arbitrary and violative of eiementary principles of naturaljustice. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affid6vit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 2 & 4 to not to interfere with the peaceful possession of the Petitioners property situated at H.No. 17-246, 17-2SO 17-2jgl1, 17-255, 17-249, 17-217 and 17-241 at J.L.N.S Nagar, I\,4alakajgiri, tr/edchal tValkajgiri District, during the pendency of the above Writ Petition. lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the lnterim order dated 12.01 .2024 in W.p No. 1421 c.t 2024 as extended in order dated 09.02.2024 W . P. No. 142 1 ot 2024. lA NO: 5 OF 2024 Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to extend the lnterim order dated '12.01 .2024 in W.p No. 1421 of 2024 as extended in order dated 26.03 2024 inW .P. No. 1421 of 9074. lA NO: 6 OF 2024 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the lnterim order dated '12.01 .2024 in w.p No. 1421 oi 2024 as extended in order dated 10.04.2024 in\N.P. No. 1421 of 2024. lA NO: 7 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the lnterim order dated 12.0'1 .2024 in W.P No. 1421 o,f 2024 as extended in order dated 11 .06.2024 in W.P. No. 1421 of 2024. lA NO: 8 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the lnterim order dated 12.0'1 .2024 in W.P No. 1421 of 2024 as extended in order dated 10.07.2024 in W .P. No. 1421 of 2024. lA NO: 9 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the lnterim order dated 12.01 .2024 n W.P No. 1421 of 2024 as extended in order dated 01 .O8.2024 in W.P. No. 1421 of 2024. lA NO: 10 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the lnterim order dated 12.0'1 .2024 in W.P No. 1421 of 2024 as extended in order daled 03.10.2024 in W.P. No. '142.1 of 2024. tA NO: 11 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the lnterim order dated 12.01 .2024 in W.P No. 1421 of 2024 as extended in order dated 04.11.2024 in W.P. No. 1421 of 2024. / lA NO: 3 OF 2024 Between:

1. The State of Telangana, Represented by its Principle Secretary, Department of Endowments. Bogulkunta. Hyderabad - 500001

2. The Assistant Commissioner, Endowments Department, Medchal - lValkajgiri District.

3. The Commrssioner, Endowments Department, Medchal - Malkajgiri District. ...PETITIONERS AND 2 1 P.tVadhavi, D/o. P. Satyan arcyana, Aged about 33 years. Occ. Employee, Fl/o. H.No 17-246. J.L.N.S Nagar. N/alakajgiri, fi/edcha l-[V alkalg iri District. Anand Ra.1, S/o. S Pandu. Aged about 40 years, Occ. Labor. R/o. H.No. 17- 250, J.L.N.S Nagar, Ivlalakajgiri, IVledcha l-t\,4alka jgiri District. P. Laxmi Bhai, W/o. P. Laxman Naik. Aged about 35 yeers, Occ. House Wife, Ri/o. H.No. 17-21911, J.L.N.S Nagar, {\/alakajgiri. Medchal-{Valkajgiri District M, Venkata Laxmi, W/o. [r1. Narsimhulu. Aged about 5.2 years, Occ. House Wife, Rio. H.No. 17-255, J L.N.S Nagar, t\,4alakajgir . Medchal-tValkajgiri District J 4 5 Chandrakala, W/o. Balaiah Chary. Aged about 58 years. Occ. Housewife, R/o. H.No. 1 7-249, J.L.N.S Nagar, Ivlalakajgiri, Medchal-tvlalkajgiri District

6. K. Somaiah, Sio. K. Narsimhulu, Aged about 63 years Occ. Business. Rl/o. H.No. 1 7-21 7, J.L.N.S Nagar. tt/alakajgiri. Medchal-Malkajgiri Diskict

7. S. Renuka, W/o. Sunku Narsing Rao. Aged about 52 ye,ars, Occ. Housewife, R/o. H.No. 17-24'1 , J.L.N.S Nagar, ivlalakajgiri. Medcha l- lVlalkajgiri District. 8. Sri Jayagiri Laxmi Narsimha Swamy Devasthanam, J.L-.N.S Nagar, Buddha Vikar, Near [\,4ahendra Hills, Malkajgiri, [t4edchal - lValkajrliri District.

9. The Station House Officer, lVlalka.jgiri Police Station, The State of Telangana. ...RESPONDENTS Petition under Section 151 CPC praying that in the Circumstances stated in the affidavit filed in support of the petition, the High Cou 1 may be pleased to vacate the interim order dated '12.01.2024 passed in l.A.Nrt. 1 of 2024 in W.P. No. 1421 oI 2O24 and also dismiss the Writ petition. lA NO: 4 OF 2024 Between: Sri Jayagiri Laxmi Narsimha Swamy Devasthanam, j. -.N.S Nagar, Buddha Vikar, Near [t/ahendra Hills, Malka]giri, Medchal - Malkajgiri District. .-.1ffi,,.ia /t// AND .PETITIONER 1 2 3 4 5 6 7 8 I - P.[t4adhavi, D/o. P. Satyan arayana, Aged about 33 years. Occ. Employee, Rl/o. H.No 17-246. J.L.N.S Nagar. Malakajgiri, lr,4edchal-Malkajgiri District. Anand Raj, S/o. S Pandu. Aged about 40 years, Occ. Labor. FVo. H.No. 17- 250, J.L.N.S Nagar, Malakajgiri, Medchal-l\zlalkajgiri District. P. Laxmi Bhai, Wo. P. Laxman Naik. Aged about 35 years, Occ. House Wife, Rr/o. H.No. 17-21911, J.L.N.S Nagar, Ivlalaka;gir.i. Medahat-Matkajgiri District M- Venkata Laxmi, Wo. [/. Narsimhulu. Aged about 52 years, Occ. House Wife, Rio. H.No. 'l 7-255, J.L.N.S Nagar, Malakajgiri. Medchat-Matkajgiri District Chandrakala, W/o- Balaiah Chary. Aged about 58 years. Occ. Housewife, R/o. H. No. 1 7-249, J.L.N.S Nagar, Ivlalakajgiri, Medchal-t\,4alkajgiri Diskict K. Somaiah, S/o. K. Narsimhulu, Aged about 63 years. Occ. Business. R7o. H.No. 17 -21 7, J.L. N.S Nagar. IValakalgiri. Medchal-lr/alkajgiri Diskict S. Renuka, W/o. Sunku Narsing Rao. Aged about 52 years, Occ. Housewife, Rr/o. H No. '1 7-241, J.L.N.S Nagar, tr,4alakajgiri. tr,4edchal-Malkajgiri District. The State of Telangana, Represented by its Principle Secretary, Department of Endowments. Bogulkunta. Hyderabad - 500001 The Assistant Commissioner, Endowments Department, Medchal - Malkajgiri District. 'l0.The Station House Officer, Malkajgiri Police Station, The State of Telangana. 1 '1 . The Commissioner, Endowments Department, Medchal - Malkajgiri District. ...RESPONDENTS Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order passed in LA. No. 1 of 2024 in W.P. No. '1421 of 2024 Dl. 12.O1 .2024 in the interest of justice. Counsel for the Petitioner: Ms. PREETHI, REP. FOR SRI K.PRATIK REDDY Counsel for the Respondent No.1, 2 & 5: SRI MANGILAL NAIK, Counsel for the Respondent No.3: SRI CH.SATISH KUMAR, SC FOR ENDOWMENTS Counsel for the Respondent No.4: SRI SRIDHAR BHUNVANAGIRI, GP FOR ENDOWMENTS AGP FOR HOME The Court made the following: ORDER ?7a I THE HON'BLE SRI WSTICE E.V. VENIJGOPAL WRIT PETITION No.1421 OF 2o24 ORDER: This Writ Petition is filed under Section 226 of Constitution of India seeking the following relief/s:- '-.. to issue an appropriate Writ, Order or drrcction more particr. larh one in thc nature of WRIT OF MANDAMUS declaring the action of rhc resp,)ndcnt Nos.2 to 4 in evicting the pctitioncrs without issuing any notice or sen.ce of any other from their hcruscs situatcd at H.No.17 -246, t7 -25O, t7 219 / I, 7 -25i, 17 -249, 17-217 and, l7 241 atJ.L.N.S Nagar, Malkajgiri, Medchel-Malk:{girr Disrricr as illegal, arbiLrary, violative of elementary principles of natural jusLice and pass such other order or orders ..."

2. Heard Ms. Preethi, learned counsel represen.-ing Mr.K.Pratik Reddy, learned counsel for the petitioner and M-.Mangilal Naik, learned Government Pleader for Endowments appea_ring for respondent Nos.1, 2 and 5 and Sri Sridhar Bhunr anagiri, learned Assistant Government Pleader for Home appearinll for responcient No.4 and Sri C.H.Satish Kumar, learned Stand ing Counsel for Endowments appearing for respondent No.3.

3. The brief facts of the case are that the Petitioners are living in the house bearing Nos.17-246, 17-25O, 17-219/1 and 17-255, 17-249, 17-217, 17-241 situated at JLNS Nagar, Malkajgiri, Medchal-Malkajgiri District and are in possession since 40 years and the petitioners are paying all taxes, electricit-rz and water bills to the appropriate.authorities. On lO.Ol .2024, respondent Nos.2, 3 and 4 without issuing ary prior notice to the petitioners and without having any right over the property, entered into the ),i I 2 houses of the petitioners and forcefully thrown them out and locked the houses. Aggrieved by the above action, present Writ petition is hled.

4. Learned counsel for the petitioners submits that under the guise of order passed by the rearned rribunar in o.A.Nos.Sg of 2022 to 62 of 2022 and 65 of 2022 to 70 of 2022 onthe hle of the learned Telangana Endowments Tribunal at Hyderabad dated 28.07 .2023, the respondents are attempting to evict the petitioners herein. The said applications hled by the respondent Nos.2 and 3 against some individuals praying to declare them as encroachers of the schedule property and to remove the encroachment are allowed. However, the petitioners are not parties to the said applications. Since the petitioners are in possession of the property by virtue of sale deedthey have no knowledge about the proceedings before the learned Tribunal and have gone into utter shock and surprised by the action taken by the respondents herein who are in continuous possession of their respective houses by virtue of the sa-le deed executed in their favour by the originat legal title holders of the said property. 5 She would further submit that the respondents are trying to evict the petitioners by virtue of the aforesaid orders without ( I 3 issuing aly notice. Hence, she would further strbmit that the petitioners are put to hardship due to the illegal action of the respondents and their future lives are jeopardizr:d. This Court prima facie considered the case of the petitioners ald directed the respondents not to interfere with the possession of the petitioners over the subject property and the saicl interim order has been extended from time to time.

6. Learned counsel for the petitioners '*,ould lurther submit that this is a classic case where the respondents are trying to evict the petitioners without issuing any notice which is nothing but the violation of principles of the natural justice. The petitioners are under the verge of eviction due to the illegal activities of the respondents, who had obtainecl order on their back against the vendors of the petitioners here in who are no longer staying in the said propert5z and therefc,re would seek indulgence of this Court and pass appropriate orders to protect the petitioners herein.

7. Sri Mangilal Naik, learned Government pleader for Endowments appearing for respondent Nos. I, 2 and 5 and Sri C.H.Satish Kumar, learned Standing Counsel lor respondent No.3, in one voice would submit that it is an adrnitted fact that 4 '! the petitioners are illegal occupants of the property belonging to respondent No.3-Tempie. The said Temple properties have been registered as per Section 43 of the Endowments Act.

8. According to them the vendors of the petitioners are in illegal occupation of schedule properties and they are not entitled to convey arry title as they are only lease holders. However, they have conveyed the properties illegally in favour of the petitioners without there being aly title in their favour. Further the vendors of the petitioners having received notices in aJoresaid cases have not appeared before the Tribuna,l deliberately in order to protect the interest of the petitioners herein, who are in illegal possession of the property which is not recognized under law. Therefore seeks indulgence of this Court to protect the property belonging to the respondent No.3-Temple.

9. Having heard learned counsel for the petitioner and upon perusing the material before this Court, this Court is of the opinion that the petitioners are being attempted to be evicted by virtue of the orders passed in O.A.Nos.S8 of 2022 to 62 of 2022 and 65 of 2022 to 70 of 2022 by the respondents. The respondents have resorted to evict the petitioners with the help of the police on the strength of the ex-parte order passed by learned 5 Endoi,r'ment Tribunal in O.A.Nos.5a of 2022 to 62 of 2022 and 65 of 2022 to 70 of 2022 wh\ch was passed against the vendors of petitioners and the petitioners are not party trefore the said Tribunal and therefore it can be safely infe rred that the petitioners are forced to be dispossessed from this respective possession of the property without any notice thereby violating the principles of natural justice. In the present case both the parties claim rights and possession of the propert\ in question. In such a case, the parties have to approach the learned Tribunal and file appropriate application by putting the other side on notice as per the provisions of 83 of the Act.

10. In view of the above discussion, this V/rit petition is disposed of granting liberty to the parties to approach the Tribuna,l and fite appropriate application within turo months from the date of receipt of copy of this Order. Till disposal o[ such O.A's, if any filed by the either of parties, statlrs quo shall be maintained by both the parties. I i Miscellaneous Petitions, pending if any, shall.stqnd glo9g!: _. SD/. M. OSMAN ALI BAIG NT REGISTRAR SS //TRUE COPY// To, SECTION OFFICER * of 1 I?E ",,."f,ti8B? ",IJi?:' 9i""," : Fi:::ru; dorvments. Bogulkunta, 2 TherAssistant Commissioner, Endowments Department, Medchal _ lValkajgiri 3 Sri Jav.gili Laxmi Narsimha swamy Devasthanam, J.L.N.s Nagar, Buddha 4. The Station House Officer, Malkajgiri police Station, The: State of Telangana. vikar. iveii M;ii;;j; Fj;;t.i'irrrit"Js,n, Medchat _ rvtatka siri District. F.eErukEe&-:,!81!F*;.r:!{.8*r}t'*o?,!'*e-d , ?Efl--'EE i,

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9. 10 The Commissioner, Endowments Department, Medchal _ I\4alkajgiri District. One CC to SRt K.pRATtK REDDY, Advocate tOpUCl One CC to SRt CH.SAT|SH KUMAR, SC FOR ENDOWMENTS tOpUCl Two CCs to GP FOR ENDOWTMENTS, High Court for the State of Telangana at Hyderabad [OUT] Two CCs to GP FOR HOME, High Cou( for the State of Tetangana at Hyderabad [OUT] Two CD Copies BSR GJP o ? I "l HIGH COURT DATED:0910412025 ORDER WP.No.1421 of 2024 R lHE $1a 14- o l!'.) (r; \t r. .i.,..\ 2 6 lttt't 2925 a' ,! 't .,li DISPOSING OF THE WRIT PETITION, WITHOUT COSTS tJo