P.SOMANI v. The State of Telangana

Counsel for the Respondent No.4: SRI J R MONOHAR RAO (SC FOR ENDOWMENTS) Counsel for the Respondent No.5: --- WRIT PETITION NO: 4927 OF 20'16 Between: RADHIKA SOil/ANl, W/o Shyam Sunder Somani, aged about 40 years, Occ Household, Plot No D/1 , Pa(, Sy No.72.to 77, Tejaswari Cotony,, Attapur (V), Rajendranaqa r (lv1) R.R.District ...PETITIONER AND 1 2 3 4 5 State of Telangana, Represented by its Principal Secretary, Endc,wments Department, Secretariat, Saifabad, Hyderabad. The ,3ommissroner, Endowments Department, Tilak Road, Hyderabad. The Assistant Commissioner, Endowments Department R.R.District, at Dharmika Bhavan, State of Telangana. Sri Seetha Ramachandra Swamy Temple, Attapur Village, Rajendranagar Mandal, Ranga Reddy District, Represented by its Manager. A.P.Endowments Tribunal, Represented by its Registrar, Tilak Rc,ad, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia prayinet that in the circumstances stated in the affidavit filed therewith, the High Court ma,l be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of certiorari and (i) declare that the sth Respondent tribunal lacks jurisdiction to adjudicate the o.A.No.586 of 2011 and also (ii) declare that the impugned order passed by the 5th Respondent in O.A.No.586 of 2011 respectively dated 08-O7.2O15 as wholly without jurisdiction, illegal, arbitrary and unconstitutiona I and violative of statutory act and rules in the interest of justic.e l.A. NO: 1OF 2O16(WPMP. N O: 6303 OF 2016) Petition under section I 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay all further proceedings pursuant to the orders of the Endowment Tribunal passed in o.A.No.586 of 2o11 respectively dated 08.07.2015 including dispossession from the property pending disposal of the main writ petition lA NO: 1 OF 2019 Between:

1. The State of Telangana, Rep-resented by its principal Secretary, Endowments Department, Secretariat, Saifabad, Hyderabad.

2. The Commissioner, Endowments Department, Tilak Road, Hyderabad. 3. The Assistant Commissiongr, Endowments Department, R.R.District, at Dharmika Bhavan, State of Telangana. ...PETITIONERS/RESPONDENTS AND

1. RADHIKA SOMANI, W/o Shyam Sunder Somani, aged about 40 years, Occ Household, Plot.No.D/'l , Pa(, Sy No.72 to 77, Tejaslwari Cotony, Atiapur iVl, Rajendranagar (M) R.R.District ' ...RESPONDENT/RESPONDENT 2 3 Sri Seetha Ramachandra Swamy Temple, Attapur Village, Rajendranagar Mandal, Ranga Reddy District, Represbnted by its Maniger. A.P.Endowments Tribunal, Represented by its Registrar, Tilak Road, Hyderabad. ...NCSPONOEruT/RESPONDENT 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 vacate the interim orders passed in l.A.No.1 of 2016 (wpMp.No. 6303 of 2016) in w.p.No. 4927 of 2016 dt. 16.02.2016 as devoid of merits Counsel for the Petitioner: SRl. PRATAP NARAYAN SANGHI Counsel for the Respondent Nos.1 to 3: Gp FOR ENDOWMENTS Counsel for the Respondent No.4: SRt J R MONOHAR RAO (SC FOR ENDOWMENTS) Counsel for the Respondent No.S: -- WRIT PETITION NO: 4933 OF 2016 Between: ANJU.SOJVANI, W/o Manoj Kumar Somani, aged 40 years,.Occ: Household, Plot No D/1 iqrt,_ 9V tlo Z2 to 71 , Tejiswari Attapur (V), Rajendranaga. ({V 1, R.R.District -Cotony, ..PETITIONER AND 1 2 J 4 5 State of Telangana, Represerted by its Principal Secretary, End,twments Department, Secretariat. Saifabad, Hyderabad. The Commissioner, Endowments Department, Tilak Road, Hyderabad. The Assistant Commissioner, Endowments Department, R.R.District, at Dharmaika Bhavan, State of Telangana. Sri Seetha Ramachandra Swamy Temple, Attapur Village, Rajendranagar Mandal, Ranga Reddy District, Represented by its Manager. A.P. Endowments Tribunal, Represented by its Registrar, Tilak Foad, Hyderabad. ...REI;PONDENTS Petition under Article 226 of the constitution of lndia prayin,g that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an approprrate writ, order or drrection more particularly one in the nature of writ of certiorarr and (r) declare that the 5th Respondent tribunal lacks Jurisdiction to adjudicate the o.A.No.5B1 of 2011 and also (ii) declare that the impugned order passed by the 5th Respondent in o.A.No.5g'l of 2011 respectively dated 08.07.2015 as wholly without jurisdiction, illegal, arbitrary and unconstitutional and violative of statutory act and rules in the interest of justiie l.A. NO: 1 OF 2016(WPMP . NO: 6309 OF 2016) Petition under sectron 151 cpc praying that in the circumstanr;es stated in the affidavit filed in support of the petition, the High court may be pleased to stay all further proceedings pursuant to the orders of the Endowment Tribunal passed in o.A.No.58'l of 2011 respectively dated 08.07.2015 including disposs;ession from the property' pending disposal of the main writ petition Counsel for the Petitioner: SRl. PRATAP NARAYAN SANGHI Counsel for the Respondent Nos.1 to 3: Gp FOR ENDOWMENTS Counsel for the Respondent No.4: SRI J R MONOHAR RAO (SC FOfl ENDOWMENTS) Counsel for the Respondent No.5: -- WRIT PETITION NO: 7345 OF 2016 Between: Arigay Ramya Employee, Rl/o R.R. District. D/o. Sri Arigay Dinkar Rao, Aged about33 years, Occ H.No.4-6-91/2/2, Plot No.'1 , Sy.No.7S, Rajendrdnagar (M), ...PETITIONER AND 1 , 4 t State of Telangana Represented by its Principal, Secretary, Endowments Department, Secretariat, Saifabad, Hyderabad. The Commissioner, Endowments Department, Tilak Road, Hyderabad. The Assistant Commissioner, Endowments Department, R.R. District, at Dharmaika Bhavan, State of Telangana. Sri Seetha Ramachandra Swamy Temple, Attapur Village, Rajendranagar Mandal, Ranga Reddy District, Represented by its Manager, A.P. Endowments Tribunal, Represented by its Registrar, Tilak Road, Hyderabad. ...RESPONDENTS 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 lssue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari and [i] declare that the sth Respondent tribunal lacks Jurisdiction to adjudicate the O.A.Nos. 571 of 2011 and also [ii] declare that the impugned order passed by the 5th Respondent in O.A.Nos. 571 of 2011 respectively dated 08.07.2015 as wholly without jurisdiction, illegal, arbitrary and unconstitutiona I and voilative of statutory act and rules in the interest of justice and pass such other order or orders as are deem fit and proper in the drcumstances of the case l.A. NO: 1 OF 2016(WPMP. NO: 9383 OF 2016) 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 stay all further proceedings pursuant to the orders of the Endowment Tribunal passed in O.A.Nos. 571 o't 2011 respectively dated 08.07.2015 including dispossession from the property pending disposal of the main writ petition Counsel for the Petitioner: SRt. PRATAP NARAYAN SANGHI Counsel for the Respondent Nos.1 to 3: GP FOR ENDOWMENTS Counsel for the Respondent No.4: SRI J R MONOHAR RAO (SC FOR ENDOWMENTS) Counsel for the Respondent No.5: --- WRIT PETITI ON NO:8 185 0F 2016 Between: T.Y. JOSEPHTNE REDDY W/o.y.Mohan Reddy, Aoed aboirt ()3 years, Occ Reki. Lecrurer R/o. ptot No s, sy r.io. 7z toiTj"iuJirri e"r"ryld[rpijrivl, Rajendranagar (M). R.R Distrrct AND 1, 2 a 4 ..,PETITIONER Stat() of Telangana, Represented by its princrpal Secretary, Endowments Department. secretariai, sattaoao,'nvoe;6il-' -"-" The Commissioner, Endowments Department, Tilak Road, Hyderabad. The ,Assistant Commissione_r, Endowments Department, R.R. Dis,trict, at Dharmaika Bhavan. State of Telangana-. Sri Seetha Ramachandra Swamy Temple, Attapur Village, Rajenrlranagar Mandat, Ranga Reddy District, FiepresSrlLo o}/-tii trtairger, A.P. Endowments Tribunal, Represented by its Registrar, Tilak R,tad, Hyderabad "- ...RESPONDENTS Petitir:n under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court malz u" pr""*o to- Issue an appropriate writ, order or direction more particurarry one in the nature of writ of certiorari and Ir] decrare that the 5tn Respondent tribunar racks Jurisdiction to adjudicate the o.A.No. 636 of 20t i and aiso [ii] decrare fl.,"itn" ipgugne^d^o1le-r,passed by the Sth Respondent in o.A.No. 636 of 20.r 1 respectivery dated 08.C7.2015 as wholly without jurisdictron, iflegal, art)itrary and unconstitutio na I and voiratrve of statutory act ind rures rn the iit"i".r o:. jrrtt" ,no pass such other order or orders as are deem fit and proper in the circumstances of the case l.A. NO:'l oF 2016(WPMP. NO: 10379 O F 20161 Petition under Sectlon j 51 CpC praying that in the circumstancr_.s stated in the.affidavit fired in support of,the petirion, inJHign cor.t ,r/oe pr"r."i.trl"rr further proceedings pursuant to the orders of tnJ Enoowmeni rrior"ri pu..li r. o'A No. 636 of 201 1 respectivery oatea oa.oz:ol s incruding dispossession from the property ltending disposal of the main writ petition Counsel for the petitioner: SRl. pRATAp NARAYAN SANGHT Counsel for the Respondent Nos.1 to 3: Gp FOR ENDOWMENTS 9:lt:ll:t tle Respondent No.4: SRt J R MoNoHAR RAo (Sc FoR ENOOWMENTS) Counsel for the Respondent No.S: -_- I I WRIT PETITION NO: 8614 OF 2016 Between: SMT. KAMALA BAI AGARWAL, Wo Bahadarmat Agarwal; aged 57 years, Occ Household, R/o. Plot N9,5lC, Sy. No. 72 to 77,1ejaswi Nagar C6lony, Attapur (V), Rajendranagar (M), R.R. District. ...PETITIONER AND 1 2 3 4 5 State of Telangana, Represented by its Principal Secretary, Endowments Department, Secretariat, Saifabad, Hyderabad. The Commissioner, Endowments Department, Tilak Road, Hyderabad. The Assistant Commissioner, Endowments Department, R.R. District, at Dharmaika Bhavan, State of Telangana. Sri Seetha Ramachandra Swamy Temple, Attapur Village, Rajendranagar Mandal, Ranga Reddy District, Represented by its Manager, A.P- Endowments Tribunal, Represented by its Registrar, Titak Road, Hyderabad. ...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 pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari and [i] declare that the 5th Respondent tribunal lacks Jurisdiction to adjudicate the O.A.No. 594 of 2011 and also [ii] declare that the impugned order passed by the Sth Respondent in O.A. No. 594 ot 2011 respectively dated 08-07-2015 as wholly without jurisdiction, illegal, arbitrary and unconstitutional and voilative of statutory act and rules in the interest of justice. LA. NO: 1OF 2016{WPMP. NO: 10907 OF 2016 Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to the orders of the Endowment Tribunal passed in O.A.No. 594 ot 2011 respectively dated 08.07.2015 including dispossession from the property pending disposal of the main writ petition Counsel for the Petitioner: SRl. PRATAP NARAYAN SANGHT Counsel forthe Respondent Nos.1 to 3: GP FOR ENDOWMENTS Counsel for the Respondent No.4: SRI J R MONOHAR RAO (SC FOR ENDOWMENTS) Counsel forthe Respondent No.S: -- WRIT PETITION NO: 15082 OF 2016 Between: Smr. Manik Devi Sharma, W/o Rr/o H.No.4-6-90i4l4l1lA Plot Hyderabad. Late Shyam Sunder Sharma, r\ged 65 years No. 227, Tejaswi Nagar Colohy, Athhpur, ...PETITIONER AND 1 2 J 4 State of Telangana. Represented by its principal Secretary, Endowments Department, Secretariat, Saifabad, Hyderabad. The Commissioner, Endowments Department, Tilak Road, Hyderabad. The Assistant Commissioner, Endowments Department, R.R. District, at Dharmaika Bhavan. State of Telangana. Sri Seetha Ramachandra Swally Temple, Attapur Village, Ralerrdranagar Mandal, Ranga Reddy District, Represented by its Manager A.P. Endowments Tribunal, Represented by its Registrar, Tilak F(oad, Hyderabad. ...RE]SPONDENTS Petition under Article 226 of rhe constitution of lndia praying that in the circumstances stated rn the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more parucularly one in the nature of writ of certiorari and [i] declare that the 5th Respondent tribunal lacks Jurisdiclion to adjudicate the o.A.No. s77 of 2011 and also [ii] der:tare that the impugned order passed by the 5th Respondent in o.A.No. st7 of 201-l respectively dated 08.07-2015 as whotly without jurisdiction, illegal, arbitrary and u nconstitutio na I and voilative of statutory act and rules in the interest of justiie l.A. NO: 1 OF 2016 (WPMP. NO:18 726 0F 20161 Petit,on under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be plerased to stay all further proceedings pursuant to the orders of the Endowment Tnbunal passed in o.A.No. 577 of 2011 respectively dated 08.07.2015 inctuding dispossession from the property pending disposal of the main writ petition Counsel for the Petitioner: SRt. PRATAP NARAYAN SANGHI Counsel forthe Respondent Nos.1 to 3: Gp FOR ENDOWMENTS 99yn_"9! for the Respondent No.4: SRt J R MONOHAR RAO (SC FOtt ENDOWMENTS) Counsel for the Respondent No.s: -- The Court made the foltowing: COMMON ORDER 7 HON'BLE SRI WSTICE NAGESH BHEEMAPAKA wRrT PETITION Nos.4926, 4927.4933.7345. 81a5 8614 and 15042 of2016 COMMO1Y ORDER: In view of the commonality of issue, these writ Petitions are heard and taken up for disposal by this Common Order. For reference, the facts in W.P.No.l5082 of 2016 are taken 2 Petitioners claim title to the lands in Sy.Nos.72 to 77 of Tej aswi Colony, Attapur Village, Rajendranagar Mandal, Ranga Reddy District by acquisition from the legal heirs of original cultivators of the lands. It is their case that they obtained loans from nationalized banks for purchase of the subject properties, and the Bank after due verification and legal opinion released loans, and thereafter the petitioners purchased the properties under registered sale deeds. While so, the 3'a respondent- Assistant Commissioner, Endowment Department (1"t applicant) frled Original Applications before the Endowments Tribunal essentially on the plea that the subject lands belong to Sri Seetharama Swamy Temple (2'a applicant before the Tribunal) and that the petitioners herein are encroachers. In the said Applications the 1"' applicant had also hled Interlocutory Applications seeking a direction to the petitioners to deposit 2 arnounts to the 2n,t applicant-Temple for use of subject proper:ies. The Tribunal after considering the counter affidavits filed by the petitioners herein passed interirn orders dated

24.O9.t2O13 directing the petitioners to pay amounts within two months from the date of the order, and in case of default the right ol defense of petitioners was struck down. As the petitioners did not. compll. the interim orders passed by the Triburral, their defensr: was struck down and the Tribunal passed the irnpugned order dated Oa.O7.2015, which is an ex parte order, allowlng the applications directing the petitioners herein to rem ove the encroachments and deliver the possession ol the subject properties to the 2"d applicant-Temple and if the petitioners lailed to handover the possession of the subject lands, the 1*t applicant (Assistant Commissioner, Endowments Deprrrtment) was permitted to take the aid of Police, under Section 84 of the AP Charitable and Hindu Religious Institution and Endc,wments Act, l9B7, to evict the petitioners from the subject 1ands. 3 Learneci Senior Counsel Mr.Avadesh Narayan Sanghi appearing for the petitioners, while making submissions on the t \ 3 lines of the writ affidavit, would essentially contend that the petitioners, challenging the interim orders dated 24.09.2013 passed by the Tribunal, approached this Court by ltling W.P.No.23O09 of 2Ot5 and batch' This Court, after hearing the parties, passed order dated 28.O8.2015. Learned Senior Counsel would submit that the respondents have not apprised the Tribunal about the pending proceedings in W.P.No.23O09 of 2015 before this Court, and apparently the Tribunal was unaware of the fina-l orders passed by this Court in W.P.No.23OO9 of 2015 and batch, dated 28.08.2015, thereby the Tribunal passed the impugned orders, in an ex parte manner by forfeiting the valuable right of defense of the petitioners. Learned Senior Counsel contends that predecessors of petitioners were issued Occupalcy Rights Certificate under the Inams Abolition Act, and the petitioners are bonafrde purchasers of the land by avalling bank loans after verihcation of legal title by the Banks, and after almost three decades ttre impugned proceedings were initiated claiming that the lands belong to the Temple. It is contended that Inams Abolition Act takes precedence over the Endou"rnents Act, ald the rights established under Inams Abolition Act cannot be ./f / I \.1 4 upset lly the Endou'ments Act. Learned Senior Couns,:l would ultimately cont.nd that these facts have not been consi,iered by the Tribunal rrnd, in any event, this Court by ordt:r dated 28.08.2015 in W.P.No.23OO9 of 2015 ald batch direr:ted the Tribunzd to de<:ide the issues by considering the conterrtions of both the parties and therefore the matters may be remitt(.d to the Tribunal.

4. Learnecl Government pleader for Endowments on the contrar5' submits that the subject la,ds belong to the Temple a,d the Assistant Commissioner/ 3.a respondent herein hled Applications bef.re the Tribunal, and also frled Interiocutory Applications seeking direction to the petitioners to deposit rents for occupation of the subject lands. It is contended that the petitioners contested those Interlocutory Applications by filing counter affidavit s, and the Tribuna_l after considering the same, passed interim .rders directing to deposit the amounts, and it was made clear that if the petitioners failed to comply with the interim orders, their defense would be struck dowrL and, therefore it is the lack of compliance of the petitioners in \ ) / 5 complying with the orders, the impugned orders were passed after examining the claim and supporting documents hied by the Temple. Learned Government Pleader however does not dispute the pendency of W.P.No.23OO9 of 2015 and batch as on the date of passing the impugned order. 5 This Court, while disposing of W.P.No.23OO9 of 2015 and batch, by order dated 28.08.2015, observed at paragraph No.29 as follows: "29. Hotaeuer, hnuing regard to the fact ttwt oiginal order utas passed on 24.09.2013 and petttioners kept quiet till further orders are passed on 18.06.2015 and as the orders dated 24.09.2013 prescribed that in the euent oJ non- compliance of the orders of depositing of damageq th.eg uould forfeit the ight to defend, tuhile remitting the matter for consideration and disposal of the OAs on meits afier affording due opportunitg of leaing to petitioners herein, it is ordered thnt petitioners sLnll deposit 25% of the amount a utarded bg the TibunaL as damages to respectiue petitioners and pagment of costs of Rs.1,OOO/- in each of the OAs to the respondents herein, uho me tLe applicants in the OAs pending before the Trtbunal ruithin a peiod of three taeeks from th.e date of receipt of this order. Proof of deposit of amounts and pagment of costs as directed aboue shall be fiIed before the TrtbunaL uithin one u.teek of such deposit/ payment- Th.e respondents are directed to keep the amount dgposited bg petitioners in a separate fixed 6 .\ deposiL account and be retained in the fxed deposit tiU the OAs are disposed of by tlt: Tnbunct l. It is m.ade clear that if the petitioners do not deposit the amount and/ or do not pag cost:; as directed aboue and no proof of suclt deposil,/ pagment is f.led, the Tribunal is entitled to dispose of the OAs on merits tuithout hearinl1 them. It is also made clear that all issues are leJt open to be considered bg the TibunaL 7 ibunal shall decide the issues uninfluenced by ary1 obseruations made in this judgment. Tte Tibunal shaLl consider the contentions of both partie:; uninJluenced bg tlre findings recorded in order:; passed in IAs on 29.04.2013 and 18.06.2015. Tibunal slnll dispose of the OAs as expeditiousllt as possible, preferablg u,tithin three months fronL the date of deposit of amounts as directed abouct or afi.er expiry of time granted to petitioners tct deposit. the amounts as the case may be." 6 Havrng considered the respective submissions and perusing the record, it may be noted that the impugrred order u,as passed b,v forfeiting the right of defense for non-cornpliance of interim orders by the petitioners. Admittedly, the petitioners approa,:hed this Court in W.P.No.23009 of 2015 and batch, and this Cc,urt by order dated 28.08.2015 directed the Tribunal to decide the issue after considering the contentions of both the parties. Further, in these writ petitions, there are interirn orders in favour of thr: petitioners, and the petitioners are in possession of the subject lands 7 7 . In that view of the matter, these writ petitions are disposed of by remitting the matters to the Endowments Tribunal for comprehensive adjudication after considering the oral and documentar5r evidence that may be adduced by both the parties. It is made clear that the parties are at liberty to raise all the contentions and pleas that are sought to be raised in these writ petitions. No costs. Miscellaneous petitions pending, if any, shall stand closed. To, SD/.S. MALLIKARJUNA RAO ASSIS ANT REGISTRAR //TRUE COPY// CTION OFFICER

1. The Principal Secretary, Endowments Department, Secretariat, Saifabad, Hyderabad.

2. The Commissioner, Endowments Department, Tilak Road, Hyderabad. 3. The Assistant Commissioner, Endowments Department, R.R. District, at Dharmaika Bhavan, State of Telangana.

4. The Registrar, Sri Seetha Ramachandra Swamy Temple, Attapur Village, Rajendranagar Mandal, Ranga Reddy District

5. The Manager, A.P. Endowments Tribunal, Registrar, Tilak Road, Hyderabad.

6. One CC to SRl. PRATAP NARAYAN SANGHI Advocate [OPUC] 7. One CC to SRI J R IVIONOHAR RAO (SC FOR ENDOWMENTS) [OPUC] 8. Two CCs to GP FOR ENDOWMENTS, High Court for the State of Telangana. [OUT] KKS GJP

9. Two CD Copiesw HIGH COURT DATED:1 110212025 ,,,q o U COMMON ORDER :-:\ i-;.. :\ .: '\ t. \ 2 4 rii ',',r, ..,j i ilD,:sra,c,'2' -.\=--"2-- WP. N o.49 26,4927,4933,7 345,8 1 85, 861 4 & 1 5082 of 2016 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS \ xtrLl\e5