High Court · 2025

. ,..RESPONOENTS 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 pleased to issue a writ, order or direction, more particularly a writ in the nature of Writ of MANDAMUS declaring the action of the 1St respondent -Assiitant Commissioner of Endowments, Hyderabad addressing a letter to the Deputy Commissioner of Police, West Zone, Hyderabad vide Rc.No. F/3295i2015, dated 08-01 -2016 requesting to take appropriate action to stop the illegal constructions and take immediate actiori against land grabbers making constructioi in Sy.No.108, 110, 166, 167, 195 and 198 at Quila Mohammed Nagar, Golkonda, Hyderabad, as bad, illegal, arbitrary, opposed to law, one without jurisdiction. l.A. NO: 1 OF 2016 (WPMP. NO:4251 oF 2016) 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 SUSPEND the letter in Rc.No.F/32951 2015, dated 08-01-20t6 of the 1st --+? respondent - Assistant Commissioner of Endowments, Hyderabad addressed to the Deputy Commissioner of Police, West Zone, Hyderabad , pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI M.VIDYASAGAR Counsel for the Respondent Nos.1 TO 3: SRI MANGILAL NAIK, GP FOR ENDOWMENTS Counsel for the Respondent No.4: -- The Court made the following: ORDER l ORDER: WRIT PETITION No.3334 OF 2016 This writ petition is fiied lor the following relief: "to issue a writ, order or direction, more particularlg a writ in the nature of Writ of Mand.amus declaring the action o;f the 7"t respondent - Assistcnt Commissioner of Endowmentq Hyderabad addressing a letter to the Deputg Cornrnissioner of Police West Zone, Hgderabad vide Rc. No. F/3295/2Ols, dated 08.07.2016 requesting to take appropriate action to stop the illegal constructions and. take imrnediate action against land grabbers making constructicn in Sg.No.7O8, 77O, 166, 167, 795 and 194 at Quila Mohammed Nagal, Golkonda, Hgderabad, as bad, illegal, arbitrary, opposed to lano, one uithout jurisdlction and pass such other order or ord.ers as the Hon'ble Court mag deem fit and proper." 2, The brief facts of the case are that the petitioner is the absolute owner to an extent of Ac.22.OO guntas of land in Survey Nos. 1O8, 110, 166, 167,195, and 198 at Quila Mohammed Nagar, Golconda, Hyderabad, having inherited the same from his ancestors. The petitioner herein had earlier filed O.A.No.29 of 1992 under Section 45 of the Endowments Act for deletion of entries that were made contrary to the original entry in the 38-Register. After an elaborate adjudication, the said O.A. rvas disposed ol on mertts vide order dated 29.O4.1993 holding that the i I l i 2 EW,J wP.No.3334 2016 subject land does not belong to the Mutt and that it stands in the name of the petitioner's father. However, since it was held that the deletion was not required under Section 45 of th e Act, as there is no such entry, the petitioner Iiled another O.A.No.55 of 2010, before the Endowments Tribunal seeking deletion of the entries in Column No.8 of the 38 - Register ald the s€une was dismissed vide order dated 01.08.2011. Aggrieved by the same, the petitioner filed an appeal vide C.M.A.No.l392 of 2Oll, and this Court, b-y an order dated O2.O7.2O12 in C.M.A.M.P.No.2366 of 2Oll, granted an interim order of status quo, which is still in force. While the.matter stood thus, based on a representation made by respondent No.4, iespondent No.1 issued the impugned letter vide R.C.No.F/329512015, dated 08.01.20L6, to respondent No.2 - Deputy Commissioner of Police, West Zone, H_vderabad, stating that some private persons are making illegal cor-rstructions on Mutt land in Survey Nos.195 and i9B, and requested to stop illegal construction, take action against the land grabbers and safeguard the subject property. Challenging the impugned proceedings dated <- -) EVV,J WP.No.3334 2016 08.07.2016 issued by respondent No.1, the petitioner has filed the present writ petition.

3. Heard Sri M. Vidyasagar, iearned counsel for the petitioner; and Sri Mangilal Naik, learned Government Pleader lor Endowments appearing for respondent Nos.1 to 3. No representation on behalf of respondent No.4

4. Learned counsel for the petitioner contends that tvhen an appeal in C.M.A.No.1392 of 2O 1 I pertaining to the subject land is pending before this Court wherein an interim order granted by this Court is sti1l subsisting, without proper adjudication and without . conducting proper enquiry as regard ownership of the subject lard, issuance of the impugned proceedings dated 08.O1.2016 by respondent No.1 directing respondent No.2 to conduct al enquiry as regards the illegal construction in the subject land is nothing but an abuse of process of lan,. He further contends that it is not known, without conducting proper enquiry as prompted respondent No.1 to come to a conclusion that the subject lald belongs to the Mutt and issued the impugned proceedings. Hence, the present writ petition. 4

5. On the other hand, learned EVV,J WP.No.3334_2016 Government for endowments contends that since a complaint has been received bl the respondent No.1 that some private persons are makrng illegal constructions in the land belonging to the Mutt zrnd unless proper enquiry conducted as regards the illegal construction, there is every possibility of encroachinp, upon the valuabie property belonging to the Mutt b-v.- the private persons, respondent No.1 had addressed the impugned letter to respondent No.2 for conducting an enquiry as regards illegal construction and " in-convenience rr ould be caused to the petitioner, if the said enquirv is conducted by the Police Authorities. He therefore sought for dismissal of the writ petition. 6, Having heard learned counsel for the respective parties ar-rd on perusal of the impugned proceedings dated

08.01.20 16 issued by the respondent No.l, it is evident that the impugned proceedings are issued by respondent No. 1, directing respondent No.2 to conduct arr enquiry as regard illeg:ll construction made by some private persons r.r,ithout obtaining any permission from the authorities concerned jn the subject land belonging to the Mutt in F I \ To f EW,J WP.No.3334_2016 Sy.Nos.195 and 198 at Quila Mohammed Nagar, Golconda, Hyderabad. Therefore, the contention of the petitionertCs that impugned order dated 02.07.2016 granted by this Court in pending C.M.A.No.1392 of 2011, issuance ol the impugned proceedings dated 08.01.2016 by respondent No. 1 for conducting proper enquiry as regards illegal constructions made bv the some private persons in the subject land is only a mere apprehension and hypothetical, no prejudice would be caused to the petitioner in directing for conducting an enquiry as regards ownership of the subject land. Therefore, I do not find any illegality or irreguiarity of impugned proceedings issued by respondent No. 1, directing respondent No.2 for conducting enquiry as regdrds illegal constructions being made by private persons in the subject land. It is made clear that no observation is made by this Court as regards the title of the subject land

7. With the above observations, this Writ Petition is disposed of. Miscelianeous petitions, pending if any, in this Writ Petition, shall stald closed. S .M.OSMAN ALI BAIG TANT REGIST ,TRUE COPY// CTION OFFICER Tilak Road, Abids, HYderabad' 1 . The.Assistant Commissioner of Endowments' 2. Th; Depuiy Commislioner of Pglice' West Zo 5. rrr" P'- - PY\- (Hyde b ), Boggulakunta, ne. Hvderabad. I

3. The Prrncrpal Secretary, State of Telangana, Revenue (Endowments) Department, Telangana Secretariat, Hyderabad. 4. One CC to SRI M.VIDYASAGAR, Advocate IOPUC] 5. Two CCs to GP FOR ENDOWMENTS, High Court for the State of Telangana, at Hyderabad. [OUT]

6. Two CD Copies PSK.w HIGH COURT DATED:1910312025 ORDER WP.No.3334 of 2016 s 2 4 Jt|l ?026 t .\ I I ( ( I ( :). \t \ ''1: I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS C\ a\ L.! a 'b