The High Court · 2025

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 extend the interim order daled 12-07 -2024 passed in lA Nc,. 1 of 2024 in WP No. 17863 of 2024 until further orders, in the interest of justice Counsel for the Petitioner: SRl. DIDA VIJAYA KUMAR Counsel forthe Respondents: GP FOR ENDOWMENTS The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.17863 of 2o24 ORDER: This writ petition is filed to issue appropriate writ, order or direction, more particularly, a Writ of Mandamus, declaring the action of Respondents Nos.2 ald 3 in interfering into the physical and peaceful possession of the Petitioners and obstructing the petitioners ongoing construction in respect of the property land admeasuring 622 square yards in Survey No.8/Part, 9lA and 9/AA, situated at Upparpally Village, GHMC Rajendranagar Circle, Ranga Reddy District as being arbitrary illegal without authority colorable exercise of power abuse of process of law abuse of power entrusted by law abuse of official capacity and position and besides in violation of Article 14 21 and 3004 of Constitution of India and consequentially direct the Respondents No 2 and 3 not to interfere into the Petitioners physical peaceful possession and ongoing construction in respect of the property land admeasuring 622 square yards in Survey No 8/Part 9/A and 9/AA situated at Upparpally Village GHMC Rajendralagar Circle Ranga Reddy District which is carried as per the building permission dated O8042024 vid,e permit N 0576/GHMCICHR/2O24BP and pass such other order -:( 2 or orders. Heard learned counsel for the petitioners and learned Government Pieader for Endowment Departrnent appearing for respondents.

2. Learned counsel for the petitioners would submit that this Court in LA. No.0 1 of 2024 , dated 72.O7 .2024 had passed interim direction to respondent Nos.2 and 3 not tc interfere into the petitioners physical, peaceful possessic,n and ongoing construction in respect of the subject propertr. land admeasuring 622 Square yards in Survey Nos.S/Part, 9/A and 9/AA situated at Upparpally Village, GHMC Rajendranagar ()ircle, Ranga Reddy District. The said interim order has been extended from time to l time.

3. Learned counsel for the petitioners brought to the notice of this Court that the petitioners filed another writ petition uide W.P.No.2433 of 2025, wherein the coordinate Bench of this Court vide its order dated 06.O3.2025 has expressed the following opinion: "...12. In uieu of the ctboue qnd uithout expressing ang opinion on merits of the case, this urit petition is disposed )f darecting the 3 Registeing the Regtstering AuthoitA to follolu the Arcular Memo No.G3/ 9122/ 2O24, dated 12.08.2024 and afier uerifving Gozette notilication beaing No.281/D|/ 1963 2 dated 15.O2.1964' proceeding No.B/504/2O17, dated 08.11.2077 and reuenue records, shalt pass orders, as expeditiouslg as possib[e, preferablg within a peiod oJ one (01) weeks from the date of receipt oJ the subject documents, bg dulg assigning reasons in support of such decision and communicate the said decision to the petitioners".

4. It is further submitted that as per the order of this Court dated 06.03.2025, the petitioners' property got registered and the documents were released by the concerned authority.

5. Opposing the same, learned Assistant Government Pleader for Endowments would submit that the property, which the petitioners are claiming their ownership and possession pertaining to the scheduled property within this writ petition is the property which is vested to the unofhcial respondents and the petitioner had every right to approach the Endowment Tribunal for declaration of the title under the pretext of the interference of the respondents. Since there is no valid reason, this writ petition is liable to be dismissed ald he relied on the judgment passed by the Hon'ble Division Bench of this Court in W.A No.1425 of 2024, dated 24.12.2024, wherein it is stated as under: ','.,1 4 [t is pertinetLt to nlention here thctt the ap,tellanL as we[L as respotLdent No.6 is claiming ights ouer ttle subject propertg. As there are serious aLlegattons with regard to igh| title an,7 possession of the subject propertA, learned Stngle Judge ightlg c'ismrssed the wit pelition and grantecl libertg to the appellant to approqch the Endou)nLenls Tibunal for adjudtcating her ight arrcl er itlemert ouer the subjecl propertV.

6. Perused the materials available on recorC.

7. On perusal of the record it is disclosed that this writ petition is filed by the petitioners specifically not to interfere into physical and peaceful possession of tht: Petitioners and obstructing the petitioners ongoing constructirn tn respect of the property larnd admeasuring 622 square yards in Survey No.8/Part, 9lA and 9/AA, situated at Upparpally Village, GHMC Rajendranagar Circle, Ranga Reddy District. This Court deems it appropriate to confess to the extent relief sough t in this writ petition, however, learned counsel for the petitioners seeks permission of this Court to withdraw the s rit petition as the cause in this writ petition does not survive for adjudication.

8. Therefore, this court is inclined to accorrl permission to the petitioners to withdraw the writ petition. Hov,,ever, so far as the claim over the property, bcth the partier; are directed to approach the Endowment Tribunal to put-fo;-th their grievance \\ 5 in terms of the order passed by the Hon'ble Division Bench of this Court in W.A No.1425 of 2024' g. Accordingly, this writ petition is dismissed as withdrawn' There shall be no order as to costs' Miscellaneous petitions pending' if any' shall stand closed' //TRUE COPY// SDI . OSMAN ALt BAIG TANT REGISTRAR SECTION OFFICER To, ; ff s 33 Ji"'Si PLT.",l'#,fi $E $S : ,x3x"sal,"JP"? ln?''''" or rer a n s a n a - at HYderabad IOUTI 3. Two CD CoPies BM TJ Y( I I i I .*/ I HIGH COURT DATED:1 110612025 ORDER WP.No.I7863 ot 2024 ,'t'..,-''.:: ' - 'j, 'i' |,) \.$ 29lUEzffi DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS 6*d+ ftr"