High Court · 2025

4. Sri Tulja Bhavani Temple, Rep.by its Executive Officer. 5-3-756, Sankarbagh,

5. Sri Tulja Bhavani Temple Committee, Rep.by its Chairman. 5-3-756, Hyderabad, Telangana State- 500 012, Sankarbagh, Hyderabad, Telangana State- 500 012, ...RES,ONDENTS 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 writ or direction more particularly one in the nature of writ of mandamus by declaring the action of the respondents in allowing to construct religious structure on the public road Opp. to Sri Tulja Bhavani Temple, Sankarbagh, opp. to Osmangunj, Hyderabad, as illegal and opposed to the public policy and against the orders of the Hon'ble Supreme Court of lndia and consequently direct the respondents to remove the religious construction constructed on the public road. lA NO: 1 OF 2021 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 grant f,r stay of all further construction of religious structure on the public road Opp. To Sri Tujla Bhavani Temple, Sankarbagh, Opp. To Osmangunj, Hyderabad by the respondents, pending drsposal of the writ petition. Counsel for the Petitioner: SRI PUTREVU PRABHAKAR Counsel for the Respondent No.1 : GP FOR REVENUE Counsel for the Respondent No.2: SRI M.A.K.MUKHEED, SC FOR GHMC Counsel for the Respondent No.3: SRI J.R.MANOHAR RAO, SC FOR Counsel forthe Respondent Nos.4 & 5: SRI JAGAN MOHAN REDDY ENDOWMENT The Court made the following: ORDER THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.5654 of 2O21 ORDER: This writ petition is filed seeking following reliet "..to declare the action of the respondents in allouing to construct religious sttucture on the public road opp to Sri Tulja Bhauani Temple, Sakarbagl\ opposite to Osmangunj Hgderabad as illegal and opposed to the public policy and against the orders of the Hon'ble Supreme Court of India and consequentlA direct the respondents to remoue the religious construction on the public road and to pass such other order or orders,."

2. Heard Mr. Putrevu Prabhakar, learned counsel for the petitioner and learned Government Pleader for Revenue appearing for respondent No.1, learned Standing Counsel for GHMC appearing for respondent No.2, Mr. J.R. Manohar Rao, learned Standing Counsel for endowments appearing for respondent No.3, Sri Jagan Mohan Reddy, learned counsel appearing for respondent Nos.4 and 5 and perused the entire material on record.

3. Brief facts of the case are that Sri T\rlja Bhavani Temple, an endowment temple situated at the dead end of the Sankabagh public road, across from Osmangunj Hyderabad, officiated by the 4th respondent Executive Officer, and operated by the 5e respondent committee. The public road is abutted 2 wP_5654_2021 NBK, J by commercial shops and residential buildings on their private proper[,. It is further submitted that the 5rh respondent, in support of the 4tn respondent, had started constructing a massive brick and cement dais on the public road across from the temple in order to install the NANDI Statue which has become a hindrance to public entry and exit, especially for the residents and commercial establishments. The construction of a brick-cemented dais on the public road is adjacent to the residential flats and shops in front of the temple. Despite the repeated requests, the 4tt and srh respondents ignored and proceeded with the construction ol the aforementioned massive brick cemented structure in order to install the Nandi Statue. Thereafter, the petitioner made a representation dated O8.O2.2O21 to respondent Nos.2 and 3 stating the unauthorized construction of a religious structure on the public road. Despite receiving the same, respondent Nos.2, 3, and 4 did not act upon the same.

4. Respondent No.4 fiied a counter-affidavit stating that the subject temple has mulgies abutting it and a portion of the temple premises in the front is vacant. It is submitted that in the said vacant land, one devotee had constructed a small -...tci1 -) wP-5654 2021 NBK, J pedesta-l in order to install the Nandi Statue. However, as soon as the sarne was discovered by the endowments department officials, it was stopped and currently there is no statue of Nandi installed on the pedestal. It is submitted that the open \ \ land in front of the temple property is being used as a public way by the local public. The construction of the pedestal happened overnight, and when it was discovered, it was already built. Since there has been no installation of the Nandi idol, there is no obstacle to the ingress and egress of the petitioner's property. It is further submitted that upon receiving the complaint from the petitioner, the Deputy Commissioner of Endowments, vide letter dated 27.02.2021, directed the Executive Officer to stop the construction in front of the temple. Consequently, the construction was halted. As on date, the endowments department is unable to carry out the left over construction of the pedestal due to lack of space.

5. Having regard to the averments made in the counter- affidavit, the present writ petition is closed. No order as to costs. 4 wP 5654 2021 NBK, J As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. ,TRUE COPY// SD/-V.KAVITHA ASSISTANT REGISTRAR SE o FICER l I Hvderabad. IOUTI To'- 1 On" CC to SRI PUTREVU PRABHAKAR' Advocate IOPUCI

2. Two CCs to Gp f On'FiVeNUL,'High Court for the State of Telangana, at s. iji,l"ctt" snr il,r.A.x.ri,rur+rEED, sc F9B-G3yc IoPUCI ;. 5;; dd i; sRi J.n.rt,rii'r6rinn [AQ-' ;. 6;; d6 i; sRi JAGAi'i M-oHAN Reoov' Advocate [oPUC] 6. Two CD CoPies FoR END'owMENr [oPUC] -sq PSK. GJP t, i I I I I I I HIGH COURT DATED:2810112025 ORDER WP.No.5654 of 2021 ..\ I c \I I i:' :\_ "1 ( 1' ,J .r saa S. (a c t 3 rjo CLOSING OF THE WRIT PETITION WITHOUT COSTS 4 1rl ,