Gummakonda Vanshika (Minor) v. State of Telangana, Endowments Department

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of lVlandamus or any other Writ, order or orders, direction or directions, declaring the action of the Respondents in interfering with the possession, enjoyment and construction activity of the Petitioner 212 Sq. Yds.' in Plot No. 3-5-47(Northern Part), Vide Permit No. 275684/3419/GHII/C/2023 on 27-03-2023 and the Work Commencement Order Dt. 04-04-2023 and 200 Sq. Yds., in PIot no.3-5-47(Southern Part), Vide Permlt No. 275336t3421tGHMCt2023 on 27- 03- 2023 and the Work Commencement Order Dt. 04- 04- 2023, as illegal, arbitrary, unconstitutional, Violative of principles of Natural Justice and Article 300- A of the constitution of lndia, and consequently direct the Respondents to follow due process of law by not interfering with the possession, enjoynrent and construction activity of the Petitioner 212 Sq. yds., in Plot No. 3- 5- 47(liorthern part), Vide permit No.27568413419/GHMC/2023 on 27- 03- 2023 and the Work Commencement Order Dt. 04- 04- 2023 and 200 Sq. Yds., in Plot no.3-5-47(Southern Part), Vide permit No. 275336134211GH1\A,C12023 on 2t-O3-2023 and the Work Commencement Order Dt. 04-04-2023, in ;rny manner, except in accordance with Law. lA NO: 1 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 direct the Respondents not to interfere with the possession, enjoyment and construction activity of the Petitioner in the above said 212 Sq. yds., in plot No.3-5-47(Northern Part), Vide Permit No. 2t568413419tGH\\AC|2O23 on 27-03-2023 and the Work Commencement Order Dt. 04- 04- 2023 and 200 Sq. Yds., in Plot no. 3-5-47(Southern part), Vide permit No. 275336134211cH\!1c12023 on 27- 03- 2023 and the work commencement order Dt. 04- 04-2023, as done in accordance with Law, except in accordance with Law, in any manner, pending disposal of the main writ petition. lA NO: 2 OF 2024 Between: Gummakonda Vanshika (lr/inor), D/o. G Madhusudan Reddv. Aqed 16 vears. Occ. Student, Rep By Smt. G. Navatha, Natural Mother and G"uardian, W/o. G Mandhusudhan Reddy, Aged 38 years, Rt/o. 3- S- 2512, Gummai<onda Colony, Hyderguda, Rajendra Nagar [\/andal, Ranga Reddy District. ...PETITIONER AND 1 2 3 State of. Telangana, Endowments Department, Rep. By its prl. Secretary, Secretariat, Hyderabad. The Commissioner of Endowments, Government of Telangana, Tilak Road. Abids, Hyderabad. The Deputy Commissioner, Endowments, Government of Teiangana. Tiiak Road, Abids, Hyderabad.

4. The Assistant Commissioner, Endowments, Government of Telangana' Tilak Road, Abids, Hyderabad.

5. Sree Seetharama Chandra Swamv Temple, Rep. By- its Executive Ojficer, Endowments oepartmeni,-nlupri'nui.naru Nagar Mandal, Ranga Reddy District. ...RESPONDENTS 6. Sri Lingayath Road Math, Attapur Village, Rajendra Mandal, Hyderabad. Rep' by its Executive Officer. ,..PROPOSED RESPONDENTS 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 lmplead the Proposed Respondent herein as the Respondent No. 6 in W. P. No' 419712024 and also in the l.A. No.112024. Counsel for the Petitioner: SRI G.CHANDRASEKHAR Counsel for the Respondent No.1 to 4: SRI MANGILAL NAIK, AGP FOR ENDOWMENTS Counsel for th6 Respondent No.5: SRI J.R.MANOHAR RAO, SC FOR ENDOWMENTS The Court made the following: ORDER I THE :HON'BLE SRT JUSTICE E.V.VENUGOPAL WRIT PET ITION No.4L74 OF 2024 ORDER: This Writ Petition is filed under Articl e 226 of Constitution of tndia seeking the following relief/s:_ o,.-..to issuc a writ ot Mandamus or any other writ, order or orders, direction or declaring rhe acdon of the respondents in interrering with the 1:.^"^1:1": possessron, enjoyment.rrd .o.,"t-"tio., .";i;t;i;i. p",i,lorr.. zri sq. vai h P]:,^Io,3-s-47(Northem part), vide permit iro. 2is6,8a/3a,l / cHMc / 2023 on 27-03-2023 and the work c.*r*"""i."i o.f.*5lo+-o+_zo 23 atd 2oo Sq. Yds., in Plor no, 3-5-47(Southem part), vide permit No. Xyy: / 2o2 3 ., ir_oi"io-i i'.,,d' ti J,, wo.k commencemen t r:i T,:::" L?r il;.,#i,,"i;[;.,iji;,,i] "l:Tli,i:..tTx,.i;:,ff".:i,ffi;l J,#I", "# consequen tly direct the .:; rJ, ti in ter,,erin g' *i,i i,. ;: J::lff ftlli?n:r 2 t2 Sq. yis., plot No. 3_5-47(Norrhern part), Vide permit No. zz.oiioii"'"'" 'ii. *orn Commencement -in 2756a413419 lGHMC t2o23 -on order Dt.o4 o4.2o23 an<t zoo sq. va"., in il"irJ. i?o?fs.rtrrern part), Vide permit No.27s3 x/ tqzr /c-^uc/zoii '. """" ii'ir"i6' , and the work Commenccmenr order Dt. 04_o4_2o23', i.-"", i."r"^.iixcepr ur accordance with Law, ;rrrC may pass any such or her ..ali ".'., ..", j as thrs Hon,ble Court may deemed fr- and proper in at. .*.u*"i.""."";f ah"";;;..." [ ;.. i:,,.";, i:: lffff :: ::,11xr "

2. Heard learned counsel for the petitioner, Mr.Mangilal Naik, learned Assistant Government pleader for Endowments appearing for respondent Nos. 1 to 4 and learned standing counsel appearing for respondent No.5.

3. Learned counsel for the petitioner submits that the petitioner is the owner of the subject properties by virtue of registered gift settlement deeds dated 06.12.2022 vid,e document Nos.l2377 /22 and. 12328/22 of S.R.O, Rajendranagar. He further submits that the petitioner is in continuous possession of the said subject properties and has been palng 2 necessa{y' property taxes as well as electricity bills. That being the case, while undertaking construction by virtue of the the GHMC vide permit permission granted by Nos- 2 75684 / s4 19 / GHMC / 2023 and 27 5336 / 342 t / GH}I{C / 2023 dated 2Z-OS-2O23 and the Work Commencement Orders dated O4-O4-2O23, the fifth respondent is interfering with the constructions carried on by the petitioner in the subject premises without having power or authority. He further submits that this Court has gralted interim order dated 20.09.2021 in W.P.No.2295O of 2O2l in favour of the neighbours of the petitioner herein. Hence, he seeks indulgence of this Court.

4. karned Government Pleader for Endowments appearing for respondent Nos.1 to 4 by furnishing a copy of written instructions submits that the subject properties are part and parcel of Survey No.369, which are eridowed properties notified under 22(a)(ll(cl of the registration in the year 2008 and the sa:re is also reflected in I.G.R.S website (Registration Department). Therefore, he seeks to dismiss that Writ Petition.

5. Learned Standing Counsel for respondent No.S/Temple submits that the subject properties stands in the name of respondent No.S/Temple and the petitioner is not having aly ) right, interest over the subject properties. He fulther submits that the petitioner obtained permission from GHMC by suppressing the material facts ald illegally occupied the subject properties and approached this Court with unclean. Hence, he seeks to dismiss that Writ Petition.

6. This Cotrrt considered the submissions rrrade bv the respective counsel and perused the material available on record. Admittedly, the petitioner 1S claiming rights over the subject properties basing upon the registered gift deeds. However, respondent No.5 is disputing the claim of the petitioner.

7. It is pertinent to mention here that the petitioner as well as respondent No.5 are claiming rights over the subject properties. As there are serious disputes with regard to right, title and possession of the subject properties, this Court is inclined to dispose of the Writ Petition by grarted liberty to eit-her of the parties to approach the Endowments Tribunal for adjudicating their right and entitlement over the subject properties if they so desire.

8. It is equatly well settled legal principle that the disputed questions of far:t carnot be decided in a summar5r proceeding under Article 12,26 of the Constitution of India as per the judgments of the Apex Court in Shubhas Jaln a. Raieshworl \ Shiuamt' and Ro'dha Krishan Industries a. State of Him'achal Pradesh?. Pending further action by either of the parties for appropriate adjudication by the learned Tribunal, respondent wo.s is directed not to interfere with the subject premises and further directed to strictly comply with the procedure laid down under Sections 83 and 84 of the Telangala Charitable and Hindu Religious Institutions and Endowments Act, 1987.

9. With the above direction, this Writ Petition is disposed of. No costs. Miscellaneous Petitions, pending if any, shall stand closed. To, //TRUE COPY//

1. The Prl. Secretary, Endowments Department' of Telangana. SD/.P. PONNA KRISHNA SISTANT REGISTRAR SECTION OFFICER cretariat, HYderabad, State

2. The Commissioner of Endowments, Government of Telangana' Tilak Road Abids, HYderabad

3. The Deputy Commissioner, Endowments' Government of Telangana' Tilak Road, Abids, HYderabad.

4.TheAssistantCommissioner,Endowments,GovernmentofTelangana.Tilak Road, Abids, HYderabad.

5. The Executive Officer, Sree Seetharama.. Chandra Swflny fg1qtg' Endowments Department, nii'p" Rajendra Nagar Mandal' Ranga Reddy District. 2021 SCC OnLine SC 562 (2021) 6 SCC 77r I I -

6. One CC to SRI G.CHANDRASEKHAR, Advocate [OPUC] 7. One CC to SRI J R MANOHAR RAO, SC FOR ENDOWMENTS tOpUCl 8. Two CCs to GP FOR ENDOWMENTS, High Court for the State of Telangana at Hyderabad [OUT] /

9. Two CD Copies BSR GJP $ HIGH COURI' DATED:07104t2025 \ ORDER WP.No.4174 ,cf 2024 rr\ .; s rAr€ o 20luN n6 ( q o C) i tr( ., OE spqTcH DISPOSING OF THE WRIT PETITION, WITHOUT COSTS €r^;q r'nffi,r I