High Court · 2025

Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be w"::i,- 'it: // . / pleased to issue any writ, order or direction more particular y one in the nature of writ of mandamus declaring the action of the respondent No 2 to 4 along with their subordinates without following due process of law demo ishing the petitioners residential houses bearing Mpl Nos 30-2-164114, 30-21e4138, 30-2-164110014, 30-2-164183,30-2-164185,30-2-164195 and 30-2-164174 all ;ituated at Madikonda, M.N. Nagar, Khazipet, Warangal, Warangal District, T.S. alle ging belong to the 3rd respondent temple property without furnishing any proof, a'; is illegal, unjust and improper against the principles of natural justice and in violation of Articles 14, 15, 21 and 300-A of the Constitution of lndia. Consequently d rect the Respondents not to interfere and demolish the petitioners house/shelter bearing bearing Mpl. Nos 30-2-164/14, 30-2-164138, 30-2-16411001A, 30-2-1641t3, 30-2-164/85, 30-2- '164195 and 30-2-164174 all situated at Madikonda, M N. Nagar, Khazipet, Warangal, Warangal District, T.S. without tollowing due process of law in the interest of .justice lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the cr cumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Reipondents not to interfere and demolish the petrlioners' house/shelter bearing Mpl Nos 30-2-164114, 30-2-164138, 30-2-16411001,\, 30-2-164/83, 30-2- 164/85, 30-2-164/95 and 30-2-164174 all situated at lVlacikonda, M N. Nagar, Khazipet, Warangal, Warangal District, T.S., without followirg due process of law pending disposal of the main writ petition in the interest of justice Counsel for the Petitioners: SRI. V DURGA NAGESWARA FIAO Qgunsel for the Respondent NO.1: GP FOR ENDOWMENTS Counsel forthe Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.3: SRI J R MONOHAR RACI (SC FOR ENDoWMENTS) Counsel for the Regpondent Nb.4: GP FOR HOME The Coqrt made the following: ORDER HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A IIIRIT PETITION No.1EO27 of 2022 ORDER: The petitioners, representing approximately 500 families residing 1n Madikonda, M.N. Nagar, Khazipet, Warangal, Warangal District, Telangana, frled the present writ petition seeking a declaration that the action of Respondents No.2 to 4 and their subordinates in demolishing the petitioners' residential houses bearing Mpl. Nos. 30-2-164/ 14, 30-2-164138, 30-2-1641 IOO/ A, 3o-2-t64183, 30-2-164185, so-2-764195, and 3O-2- 164 /74 without due process of law, alleging they belong to the 3rd respondent temple property without furnishing any proof, is illegal, unjust, improper, violative of principles of natural justice, and contrarlr to Articles 14, 15, 21, and 300-A of the Constitution of India; the petitioners state that they have been in uninterrupted possession of these properties for over 1OO years since their forefathers, with their houses duly assessed by municipal authorities, assigned house numbers, and provided with electricity, water supply, and RCC roads, and that they have regularly paid property tax; on 06-O4-2022 at aro:und 12 noon, 2 i.{ Respondents No. 2 to 4, along with their st eff, allegedly entered the petitioners' premises without an z notice and demolished approximately ten houses, forc bly pushing aside objecting residents, and as a result of lhis act, one petitioner committed suicide by throwing himself in front of a train; the petitioners further submit that G ). Ms No' 58 dated 14-02-2022 issued by the Revenue Department invited applications for regularization of residential houses, pursuant to which the petitioners appiie 1 and their applications are siill pending, but despite thrs, the official respondents commenced demolition al- ruptly ald unlawfully; the petitioners, mostly daily wage laborers with no alternate housing, contend that the imp rgned action causes irrepatable and uncompensable harm to them and their families, leading to this writ petition.

2. Heard Mr. V.Durga Nageswara Rao, learned counsel for the petitioners; and learned Government Pleader for Endowments. Perused the record.

3. Learned counsel for the petilioner, u'hile making submissions on the lines of writ aflidavit, would essentially contend that the action of Responr ents No. 2 to 4, along with their subordinates, in den rolishing the L t J petitioners' residential houses bearing Mpl. Nos. 3O-2- 164 I 14, 3O-2-164 I 38, 3O-2-t64 I 100/A, 3O-2-164 183, 30- 2-164/85, 30-2-164/95, and 30-2-164 174 situated at Madikonda, M.N. Nagar, Khazipet, Warangal, without issuing any notice or following due process of law, 1S patently illegal, arbitrary, and violative of Articles 14, 15, 21, and 300-A of the Constitution of India; it is submitted that the petitioners and their forefathers have been in continuous and peaceful possession of the said properties for over a century, with the houses duly assessed by municipal authorities, assigned municipal numbers, and connected to essential arnenities such as electricitv and water supply, with RCC roads laid by the government, and that they have been reguiarly paying property tax, thereby establishing their settled possession; the learned counsel further contends that the demolition carried out on 06-04- 2022 was high-handed and in complete disregard of the pending regularization applications liled by the petitioners under G.O. Ms No. 58 dated l4-O2-2O22 issued by the Revenue Department, and that the alleged claim that the property belongs to the 3rd respondent temple was made without furnishing any supporting documents or affording 4 I .t* '': the petitioners an opportunity of being hear d; it is also urged that the said illegal and unilateral actirn, resulting in the demolition of nearly ten houses arl C the tragic suicide of one resident, has caused irreparabl': hardship to the petitioners, most of whom are daily wage earners with no alternative shelter, and that the responden.s' conduct is not only procedurally unfair but also substan:iveiy unjust' warranting intervention of this Hon'ble Court'

4. Learned counsel for the responde:rt, basing on the counter aJfidavit, essentially contenr [s that the petitioners are illegal encroachers upon 1 emple lands belonging to Sri Seetha Ramachandra Su'rrm1' Temple, Mettugutta, Warangal, which is a registert d institution under Section 43 of the Endowments Act, 1 987, as per proceedings in R.Dis. No. A/2155/2006 dater[ 11'Ol'2OO7, arrd duly published under Section 6(a)(ii) of tlre said Act; it is submitted that the lands in question, si.uated in Sy' Nos. 1074, 1075, 1076, and 1090 of Madil'onda Village, Harumakonda Mandal, Warangal District. are temple lands as per Khasra Pahani, subsequent pahinies, and the Section 43 Register, and that the petitioners have no valid titie or entitlement; while denying the petitiorers' claim of 5 possession for over a century a-nd allegations of abrupt demolitions, learned counsel submits that the petitioners only recently erected temporary huts with tarpaulin sheets and illegally procured municipal numbers ald basic amenities behind the back of the Endowments Department, which does not create any legal right; it is further contended that the claim of pending regularization under G.O. Ms No. 58 dated 14.02.2022 is inapplicable as temple lands cannot be regularized, and that the petitioners' own admission to having applied for such regularization negates their claim of ownership; the counsel asserts that the petitioners were served with notices to vacate but failed to comply, and that the removal of encroachments by the municipal and endorvment authorities was lawful; the allegations regarding suicide and police high-handedness a-re denied as false and exaggerated attempts to frustrate law{ul action; the learned counsel submits that the petitioners' narrative is a deliberate attempt to grab temple property under the guise of victimhood, especially in iight of rising lald values in the locality, and hence the writ petition deserves to be dismissed in the interest of justice. 6 ::

5. Having considered the respective contentions and perused the record, it may be not:d that the petitioners, comprising neariy 500 families, t laim to have been residing in houses situated at Madikonda, M N' Nagar, Kh azipet, Warangal District for sev' :ral decades, having been allotted municipal numbers, assessed for property tax, and provided with basic civic anlenities such as water and electricity; they assert that they are in peaceful possession and have applied for reg ularization of their structures under G.O. Ms No. 58, datec l4-O2-2O22, which is presently pending consideratiol- before the competent Revenue Authorities; it is also all':ged that the respondents, without notice and without lollowing due process, undertook demolition of several hous'es, leading to hardship and unrest among the affected resiilents. On the other hand, the respondent temple authorities claim that the petitioners are encroachers on lands bellnging to the Sri Seetha Ramachandra Swamy Temple, situated in Sy. Nos. 1074, 1075, 1076, and 1090, as record,:d in revenue and endowment records, and assert that tl e land being temple property is not amenable to regular zation under G.O. Ms No. 58. Horvever, in view of the petiti,rners' specific 7 assertion that a representation is pending consideration for regularization and without expressing any opinion on the merits of either side, this Court is of the opinion that the interest of justice would be met if the respondents, pa-rticula-rly the competent Revenue Authorities, are directed to consider the petitioners' applications for regularization strictly in accordance with law and the applicable government orders, after affording a reasonable opportunity of hearing to ail concerned, and take a reasoned decision thereon within a period of three months from the date of receipt of this order; the respondents are further directed to refrain from taking any coercive steps against the petitioners in respect of the subject properties until such decision is taken.

6. Accordingly, the writ petition is disposed of with the above direction. No order as to costs.

7. Consequently, miscellaneous applications pending, if any, in this Writ Petition, sha1l stand closed SD/.K.BHAVANI SWAMY AS STANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Commissioner, Endowment Departmen The Tahsildar, Khazipet, Warangal, Warangal Dist' The Station House officer, Khazipet, V.Varangal, Warangal Dist' One CC to SRl. V DURGA NAGESWARA RAO Advocate [OPUC] t, Hyde bad 1 2 3 4

5. One CC to SRI J R MONOHAR RAO (SC FOR ENDO! ,MENTS) [OPUC] 6 Two CCs to GP FOR ENDOWMENTS, High Court for tlre State of Telangana [OUT] \ 7 Two CCs to GP for Revenue, High Court for the State cf Telangana at Hyderabad [OUT] B. Two CCs to GP for Home, High Court for the State of Ti)langana at Hyderabad [OUT] Two CD Copies s KK9 BS HIGH COURT DATED:0410312025 I I ORDER WP.No.18027 of 2022 E STAI€ c c \) 1t JUN M o 7 r) .)' t Oi-s r, 11 DISPOSING THE WRIT PETITION WITHOUT COSTS t \ t