High Court · 2025

THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITIO N NO: 83760F 2025 Between: Ei^{,1i":::tt:lii,3*"+il-'{:'41:ffi 3f, :i,*ffi ".*"s3i631,,i: fffi,q{{ttffi i1$#i?ru$#r.#;,?},{"#1,,:""*,p*ft q[: AND ...PET|T|oNER

1. State of Telangana, Reo. ^ lgrglqa-lq secretariat, rrt[l5o!!n"'o'l secretarv' (Endowment Dept), ;tr,t*i'f[';****r*,ru:;::.;r,,.,"-,r,l;,I,,,,,. ...RESPONDENTS Petition under kticle 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ' order or direction more in the nature of Mandamus, declaring the action of Respondent. No.3, without having power in his official capacity' capacity, encroached pubric road and started construction of Arch for Renuka Yeflamma Tempre and not arowing the petitioner's members and other pubric to utirise the 33 feet wide road in sy.Noo.264 situated at Husnabad rown, Siddipet District, as illegal, arbitrary, administrative discriminatory, violation of Art 14' and 21 0f constitutioh of rndia, consequenfly, Direct the Respondent.No.3 to 4 to stop the iregar construction of Arch and instaration of Gate for Renuka Yellamma Temple on the public road and direct the Respondent.No.3 to 4 to allow the Petitioner's members and other pubric to utirise the 33 feet wide road in Sy.Noo.264 situated at Husnabad Town, Siddipet District. ,d/ IANO:1 OF 2025 Petition under Section 151 CPC praying that in the circumsitances stated in the affidavit filed in support of the petition' the High Court may be pleased to grant lnterim Stay on construction of Arch and installation of Gate for Renuka Yellamma Temple on the 33 feet wide public road in Sy No 264 situated at llusnabad Town' Siddipet District Counsel for the Petitioner: SRI RAMESH BURA iornt"f for the Respondent Nos.'l & 3: SRI MANGILAL NAIK' GP FOR Counsel for the Respondent No.2: SRI SANDEEP, AGP FOR REVENUE Corn""f for the Respondent No.4: SRI C'H'SATISH KUMAR' SC FOR MPCL ENDOWMENTS The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V. VENUGOPAL ORDE R: WRIT PETI TION No.8 376 0F 2025 This Writ petition is fited under Article 226 of Constitution of India seeking the following relief/s:_ ,*"T*i: ". lo issue Writ, order or direclion more rn the nalurc ol Mandamus, declaring rhe acrron of ResDondenr rr,...r. *i,i.r, ;;;;;_,,;;;;i; hrs orficiar capacily. encroached pubtrc road and sraned of .Arch, for Rcnuka f,f,T,T"" l:-lf fiif ":: .rr.*-fi;; ".r;;;:l;;. ";;;;;;;.::,;,".,1u"."..,a orher pubric road in sv No2b4 silualed ,r u""""lrl i.i,r. srddrper Disrricr. u" u".u.]f" n " i a I i". i c", :, ii;i;:,;i,;:11,.T#tl"[i 1 ;.,1 i::l H ro 4 ro srop rhe r,esat .on",-",ion .,i,i.."i:;;;';,i;;ii; r.. of Garc for Renuka l;.^1, :J ye amma Tempte on rhe public ...a ""i'ar."",'iiJ [".lpona"n, No.3 ro 4 ro allow rhe peritloner,s members n"a "tn.. oruli. i..r,ii)T ,n. 33 Icet wide road :?r:li;3..:."i::ated at HusnaLai **"1iiri,r".,"iil,,..,.,, ."a to pu"" ","h 2. Heard Mr.Ramesh Bura, learned counsel for the petitioner and Mr.Mangilal Naik, learned Government pl.ail. Endowments appearing for respondent Nos.1 and 3, Mr.Sandeep, learned Assistant Government pleader for Revenue appearing for respondent No.2 and Mr.C.H.Satish Kumar, learned Counsel for Endowments appearing for respondent No.4 Standing

3. The brief facts of the case are that petitioner/ pattana Padmashali Seva Sangham, Husnabad was established in the yeat 7987 bearing Registration No.392O of l99T.It is stated that the petitioner is the absolute owner and possessor of the land admeasuring Ac.O.16 gts in Sy No.264 situated at Husnabad Town, Siddipet District; that the petitioner purchased the said land vide registered Sale Deed document bearing No.t706187 ,/ 2 dated 14. 12 .1,9a7 from the ersttuhile owner; that tLrr: petitloner obtained permission from the Gram Panchayat for construction of 'Markaldeya Temple' and constructed it in the samt: year' It is stated that the 'Markandeya Temple'consists of 33 fet:t wide road at the south sicle. The same road is situated at the l\orth side of the 'Renuka Yellamma Temple'' The said 33 feet 'r'ide road is being utilized by the devotees of the both the Temples as well as theresidentialhouseholders;thatonl2'O3'2O25'respondent No.3 started construction of an 'Arch' on the 33 feet wide public road. Upon enqulrv, respondent No'3 informed the pe titioner that he is constructing 'Arch' for The Renuka Yellamma- Temple and thereafter a (late rn'ould be installed' Aggrieved by the same' the petitioner preferred the present Writ Petition'

4. Learned counsel for the petitioner submit'l; that after construction of 'Arch' if a Gate is installed' the me:rrbers of the petitioner Socie t1' r'r'o u1d face difficulty to visit 'the' Markandeya Temple'; that the other house holders would also face difficuity in utilizing the road. Therefore, he seeks to pass appropriate orders'

5. Per cor-rtra, Iearned Standing Counsel conte eds that the land in survev No.265 belongs to respondent No'li-Temple and only upon conducting a survey, an 'Arch'was conterrrplated to be 3 constructed in the Temple lald He states that no prejudice will be caused to the petitioner if an Arch, is constructed to the Temple. Therefore, he seeks to dismiss this Writ petition. 6 Learned Government pleader for Endowments and learned for Revenue concede to the Assistant Government pleader aforesaid submissions.

7. Having regard to the submissions of all the learned counsel and upon perusal of the material available on record, this Court is of the opinion that the land in which Arch, was erected belongs to respondent No.3_Temple ald no prejudice would be caused to the petitioner and the house holders if such an Arch,is constructed. Therefore, this Writ Petition is misconceived and liable to be dismissed. 8 Accordingly, the Writ petition is disrnissed. No costs. Miscellaneous petitions, pending if any, shall stand closed. sD/-P cH Nff+BHg3,1+HiA //TRUE COPY// One CC to SRI RAME SH BU RA, Advoca Two CCs to GP FOR ENDOWMENTS, H at Hydera bad louT One CC to SRI C.H Two CD Cop res .SATISH KUMAR, SC FOR END owMENT IoPUC] SECTI FFICER I te [OPUCI igh Court ?o r the State of Telangana, To 1 3 4 PSK. BM HIGH COURT DATED:2810312025 ORDER WP.No.8376 of 2025 i.rL_ C i(: ) )- * 1 lt JUL 2025 :,>-z D€:;:,,1i-.3r-. -: . _a::4.- DISMISSING THE WRIT PETITION WITHOUT COSTS te6 n\6