High Court · 2025

3. The Assistant Commisstoner, Endowments Department, Karimnagar. 4. fhe Executive Officer, Sri Venkateswara Swamy Temple Sircilla Town, Karimnagar District. .....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 Mandamus declaring the order dt. 20-8-2009 passed in R.P.No. 37 ol 2006 by the 1st respondent in confirming the order dt. 31-1-2006 passed in OA No. 15 of 2005 of the 2nd respondent and set aside the same as illegal, arbitrary unjust and u nconstitution a I and further direct the respondents not to interfere with the house site of the petitioner situated in Sy.No. 1578 of Sircilla Village and [r/andal, Karimnagar District. I.A.NO:1 OF 2009 (WPMP.NO: 33423 0F 2009) 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 stay all further proceedings pursuant to the order dt 20-8-2009 passed in R P No 37 of 2006 by the 1st respondent in confirming the order dt 31-1-2006 passed in O.A.No. 15 of 2005 of the 2nd respondent pending disposal of the present writ petition. A.NO:1 l. OF 2010 wVM P.N O:83 oF 2010 Between: The Executive Officer' District SriVenkateswaraSwamyTempleSircillaTown,Karimnagar PETITIONER'RESPONDENT No'4 AND Rao' aged 28 vears' R/o siric,ra Virrage 1 3 2 .....RESPONDENT/PETITIONER )"yfii:Li:il1i''Tfl?j'&$x&ntha The Regional Joint Commissioner' Endowments Department' MZ-lll' ?il:"J:l?,?t commissioner' Endowments Department waransal Zone' warangal ler, Endowments Department' Karimnagar' The Assistant commtsstor 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 status quo orders passed in W P M P No 33423 of 2009 in of 2009 dated 26-'1 1-2009 and dismiss the writ petition ""'RES'.NDENTSIRESPoNDENT' 4 W.P.No.25653 t.A .N O: 20F2010 wvM P.NO :969 OF 2010) Between: Hvderabad 1 . The Regional Joint Commissioner' Endowments Department' MZ-lll' 2. The Deputy Commtssloner' Endowments Department Warangal Zone' 3- The Assistant Commissioner' Endowments Department' Karimnagar' Warangal' . .".PETITIONERS/RESPONDENTS #'1 AND '1 . N. Venkateswara Rao, S/o. Anantha Rao, aged 28 years, R/o. Siricilla Village and Mandal, Karimnagar District.

2. The Executive Officer, Sri Venkateswara Swamy Temple Sircilla Town, Karimnagar District. .....RESPONDENT/PETITIONER 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 dismiss the Writ Petition No.25653 of 2009 by vacating the interim order dated t .....RESPONDENT/RESPONDENT 26 11 2009 made in W P It/ P No 33423 ol 2009. Counsel for the Petitioner : M/s M.VINOBHA DEVI Counsel for the Respondent Nos.1 to 3 : GP FOR ENDOWMENTS Counsel for the Respondent No.4 : SRI CH.SATISH KUMAR The Court made the following ORDER I 1 wp_25653_2009 NBK, ] - T E HON ,BLE sRIJ USTIC EN AG ES HBHE EMAPAKA T T N 2 5 2 9 ORDER This writ petition is filed by the petitioner seeking to declare the action of the respondents' in treating the petitioner and other similarly situated individuals as encroachers over the land situated in Sy.No.1578 of Sircilla Village, Karimna9ar District, as illegal and arbitrary, and for setting aside the orders of evietion passed by the Endowments Department authorities' 2. The case of the petitioner is that he is the owner of a piece of land (House site) in Sy'No'1578 situated at Sircilla Town, Karimnagar District, which was purchased from Sri Chandra Rajalingam. It is contended that the said property originally belongs to one Smt' Lingamma' and subsequently devolved upon her daughter-in-law Smt' Gandla Veeramma' Thereafter, Chandra Rajalingam, who WAS adopted bY Smt. Veeramma under a registered Adoption Deed No' 2811951' became the absolute owner of the said land' 3. It is stated that Smt. Veeramma during her life-tim" applleg for layout permission and the same was sanctioned by \ 2 wp 2s653 2OO9 Ns( J the Gram Panchayat, Sircilla on 10.05.19g5. The property was thereafter sold to various individuals, including the petitioner herein. The Sircilla Municipality is stated to have issued construction permissions, collected fees, and even assigned house numbers to the constructed houses. The petitioner submits that he has been in continuous possession and enjoyment of the said land and premises and that the property is not temple land.

4. The petitioner further submits that he was surprised to receive notices from the Deputy Commissioner of Endowments, alleging encroachment oF the temple land and proposing for eviction of the said land. An auction notice was also issued by Sri Venkateswara Swamy Devasthanam without clearly mentioning the survey number. The petitioner claims that in spite of submitting all relevant documents, including sanctioned layout plans, Municipal receipts, pattadar pass Books, etc., without giving reasonable opportunity to put forth his case, orders were passed in the year 2002 declaring the subject land as temple property and the petitioner and others as encroachers of the said land. --1 J- 3 wp_25653 2OO9 NBK, ]

5. The petitioner claims that the land was validly reglstered in the name of Veeramma and that the Inams Abolition Act' 1955, and related legal provisions confer lawful possession ..uponthesuccessors-in-interest.ItisalsoStatedthatthe Coliector had granted patta in favour of Smt' Veeramma' and the same was duly acknowledged by the Gram Panchayat in

6. A revision petition was filed before the 1't respondent which was dismissed vide order dated 20.08.2009, confirming the earlier orders of the 2nd respondent.

7. The petitioner alleges that he is a poor person and has constructed a house on the said site by ralsing funds from various sources and if he is evicted from the said land, he would suffer irreparable loss if evicted. S.AfterreceiptofnoticesfromthisCourt,respondentsfiled counter, wherein, it is contended that land in Sy'No'1578 admeasuringAc.l.16guntasisaMushrut-ul-Inamland,granted for temple service and vested in the State under the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955' It is submitted that an Occupancy Rights Certificate was issued in ?.2 4 wp-25653 2m9 NBK, ] --\ favour oF the temple in 1997 and Ryotwari patta was granted in 1969 in favour of the Sri Venkateswara Swamy Temple. The \l \ I \ respondents submit that any sale or alienation of the said land is illegal and void. They further submit that eviction proceedings were initiated and after full eonsideration and due proceSs, orders were passed declaring the petitioner and others as encroachers and directing for their eviction. It is also submitted that all procedural requirements were eomplied with, including the issuance of notices. The respondents fufther argue that neither the petitioner nor his vendor had any legal title or authority to transfer or enjoy the said property.

9. Upon hearing the learned counsel for the respective parties and after perusing the material on record, it is evident that the subject land in Sy.No.1578, Sircilla Town, Karimnagar District, is classified as a service Inam land vested in the temple, and occupancy rights and patta were also granted to the temple authorities. The petitioner has not produced any valid title or Pattadar Passbook granted in his favour after due cancellation of the temple's rights. Mere permission by Municipal authorities for layout or house numbers cannot eonfer owRership where statutory rights vest otherwise. 5 wp 25653_2009 NBK,I

10. This court does not find any illegality or procedural irregularity in the orders passed by the Endowment authoritles' .pnd therefore no ground is made out for interference of this Court with the orders passed by the respondent authorities

11. Accordingly, the writ petition is dismissed'

12. Interim order dated 26.11'2009 in WP.MP.No.33423 of 2009 granted by this Court stands vaeated' No order as to costs. Miscellaneous petitions pending if any, shall stand closed' //TRUE COPY// sD/-P. CH. NAGABHUSHAMB^ DEPUTY REGISTRAR SECTION OFFICER to ,,. ,*o ccs to Gp FoR END.*MENTS, High court for the state of retangana at Hvderabad [OUT1 2 A#'cC i;il/t'v Vri'roeun DEVI Advocate [OPU-C]-- 5. 5;; cc i; sRl CH snrisH KUMAR' Advocate [oPUC] 4. Two CD CoPies SA BS a o # HIGH COURT DATED:1 210212025 ORDER WP.No.25653 of 2009 .,/(:i .':_ ,/. ,.) (r 05 AUE 2[5 * P4 icHED ,l A .(f' (' .o 6 -\ -1' DISMISSING THE W.P WITHOUT COSTS. .G f t ),bI