The High Court · 2025

THE HONOURABLE SRI JUSTICE E.V. V.ENUGOPAL WRIT PETITION NO: 17874 0F 2023 Between: Yadav Ahir community, Terangana state, Rep. by its president srri Nirmar Kumar Yadav. Office at 1 5-8-540/3, Be-g umbazar,'HyObrabha AND ..,PETITIONER At Secretariat, Hyderabad. Department, Secretariat. Hyderabad. 1 I!:_Sl1: gf Tetangana. Represented by its principat Secretary, Endowments 2 TPS]1: qf Telangana Rep by its Principat Secretary. Revenue Department, 3. The Commissioner, GHMC, Tankbund Road, Hyderabad. 4. The District Collector, At Nampally, Hyderabad. 5. The Assistant Commissioner, Endowments Department, Tilak Road, Bogulkunta, Hyderabad.

6. The Commissioner, Endowments Hyderabad Department, Tilak Road, Bogulkunta, 7 b [t1,Vi1qV^tlQt, S/o. Not known, aged about not known, Occr Business, R/o. B.No. 1.4-3-289 to 291, Situated at Joshiwadi, Shhinayath gunl, BegumOazar, Hyderabad. !T,t, Rgt [,.nqri S/o._Not known, aged about not known, Occ. Business, R/o. ts No. 14-3-2Bg to 291, Situated at Joshiwadi, Shhinayath gunl, Begumbazir, Hyderabad. RR 7 and 8 impleaded as per C.O.dt.0 S.Og.zlt3,in lA No.2 ot 2023. 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 pass an order or orders, one in the nature of wRrr oF MANDAMUS declaring the action of the respondents for not considering the representations ...RESPONDENTS dated. 06107l2A21 . O4lO5l2O21 , O1lO2t2O23, and not allotting petitioner hereirt i.e., property bearing No 14-3-289' 290 ancl LMGSchoolRcad,'shainathgunj,Hyderabad,istotallyillegal'arbitrary'against theprincipleso{natttraljusticeandviolationoftheprovisionscfli,ndhraPradesh tre land to the 2 91 , situated at CharitableandtlindtrReligiouslnstitutionsandEndowmer-rtsAct''1987' lA NO: 1 oF 202!.3 Petition uhder Section 151 CPC praying that in the circurnstances stated in the affidavit filed in support of the petition, the fiigh Court rrray be pleased tQ direct the Resp:ndents to allqt the land i.e., property bearing No 14-3-289' 290 and 291, situatt:d at Llt/G School Road, Shainathgunj, HyderabaC in view of the representationsdateld.o6to7t2o21,o4lo5t2o21,aJlo2l2O23,'pendingdisposalof the main Writ P,:tition Counsel for the' Petitioner : SRI SURESH SHIV SAGAR c ou n se I f o r th e, Res po n de nts N o. 1, 5&. ;38' ffil{ro,lt$tulifltr* Counsel for.t[rer Respondents No.2&4 : GP FOR REVENUE Counsel for ther Respondents No.3 : GP FQR MA & UD Counsel for the: Respondents No.7&8 : SRI Q.K'DESHPANDEY The Court made ther follqwing: ORDER : i I t ! I b t" I i: L.r i, , li' : t1 THE HON'BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.17874 OF 20123 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- "...to pass order or ordets oae in the nature o, IVRIT OF MANDAMUS declaring the action of the respondents for not consideriug th€ representations dated 06-07-2021, O4_OS_2O21, OL-O2-2O23, and not allotting the tand to the petitioner herein i.e., property bearint No.I4-3-2A9, 2gO & 291, situated at LluG Sc-hool Road, Shainathgunj, Hyderabad., is totauy illegal, arbitrary, against the principles of natural justice and violation of the provisioEs of Andhra pradesh Charitable and Hindu Religious Institutioos & Endowments Act, 1987 and to pass such other otder or orders as this Court may deem fit and proper in the circumstances of the case and in the interest ofjustice...,, 2 Heard Mr.Suresh Shiv Sagar, Iearned counsel for the petitioner and Mr.Mangilal Naik, learned Assistant Government Pleader for Enclowments appearing for respondent Nos.5 and 6. Mr.G.K.Deshpandey, learned counsel for respondent Nos.7 and 8.

3. Learned counsel for the petitioner submits that the petitioner/Yadav Ahir Community, is a registered communit5z and they made several representations to respondent Nos.1 to 5 to allot the land i.e., property bearing No.14-3-289,29O & 29 1, situated at LMG School Road, Shainathgunj, I{yderabad to their communit5r for. 2 I I constru,ltinli a library, for conducting medical caleps etc He furt -ier s;ubmits that the said iand r,r,,as recc rded as endowrr ent property before the Endowment Department and thc salne was confirmed vide p ror:eedings No.129lD1/ 1963-5, dated 26-O8-1964. He lurther submits that the petitioner has received informatic n that l respondent:i No.7 and B, who are the care takers of the sr-rbject property are il1egally trying to alie'nate tlre same with thr: help of local lar-rd grabbers along u,ith tl-re Irield Officers of respondent No.6 and the said actjon of the official respondcnts is totally iliega1, arbitrarv, aga inst law and ag;ainr;r. the provisions of the Andhra. Pradesh Charitalrle and Hindu Religious Institr-rti,rns & Endou,nrents Act, 1987. Hence, he seeks indulgence of this Court.

4. Le arnr:,1 Government Pleader for Endou'm,ents by filing a cc)Lrnter submits that the endowed lroperty cannot L,e alienated for.'n gift/ salt: / exchange/mortgage/allotment to raly otLrer third person under Section B0(1) (a) of the T.G.C & H R.I and 3 Endowments Act 30/1987. As per orders dated 3O.O5.20O6 in W.P.M.P.No.132O4/2006 in W.p.No. IOS47 /2006 passed by this Court, the endowed land can be alienated only after obtaining specific permission from this .. Court. As per G.O.Ms.No.866 Revenue (Endts.I) Department, dated

08.08.2003, the endowed property carnot be a,llotted on private negotiations, and the sarne can be allotted only through public auction and hence, this Writ petition is misconceived. Therefore, he seeks to dismiss this Writ Petition.

5. Learned counsel for respondent Nos.7 and 8 submits that the petitioner has no locus or authority to seek allotment of the subject land to their community, for the sake of construction of library alid for the sake of conducting medical carnps, yoga etc. He further submits that the allotment of the above property, which is a private endowment made by the ancestors of the respondents No 7 and 8 consists of ancestral samadhis, which has its own traditions and rituals, which is being followed from ages is not permissible. He further submits that the petitioner has I I I I i 4 -:. an e\ril eye cver the endowment property ald tryinrl to grab the sane. llence, he seeks to dismiss the Writ Pe tition.

6. Having, regard to the submissions rnade by the iearned Assistant Government Pleader for End.xvments and 1earne,l counsel for respondent Nos.7 and B and on perusal of the material available on record, this Ccurt is of the opinion -hat the endowed property calnot be r,,lienated to the t-tird l)erson and the Writ Petition is ,levoid rrf merits and the sanre is liable to dismissed 7, Acrcorrlingly., this Writ Petition is dismissed M scellaneous Petitions, pending if an1., shzrll srand closed To, //TRUE COPY// SD/.K.BHAVANI SWAMY ASSISTA.NT REGISTRAR SECTION;6FFICER '1 . One CC to SRI SURESH SHIV SAGAR, Advocate. IOPUC] 2. fwo CCs to rjP FOR ENDOWMENTS, High Court for the Stirte of Telangana. 3, Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

4. Two CCs to GP for Municipal Administration and Urban Development, High Court for the State sf Telangana at Hyderabad. [OUT] 5. One CC to Stl G K.DESHPANDEY, Advocatg. [OPUC] 6. Two CD Cop es. BSK BS \g I t i t !ri\ l F l!: r t t' \ a i HIGH COIJRT DATED:2410312025 I cf TE(4 ORDER WP.No.17874 o12023 .) i,_ \, '.. i.. \ \ *,**,"' s .gt ..tt ' .' DISMISSING THE WRIT PETITION WITHOUT'COSTS \ t t tI I, T,I i I t I E I I I t "rf I i I t t F