High Court · 2025

Mr. Mirza Feroz Shamim Baig, aged about 63 years, Occ.Retired Government Servant Rl/o H.No. 9-4-86/81/7, Nanal Nagar, Salarjung Colony Hyderabad-8 ...Petitioner AND

1. The State of Telangana and 11 others, Rep by its Principle Secretary' Endowments Depahment Secretariat, Hyderabad

2. The Commissioner, Endowments Department, Hyderabad 3. The Additional Commissioner, Endowments Department, Hyderabad 4- The Deputy Commissioner, Endowments Department, Hyderabad 5. The Assistant Commissioner, Endowments Department, Hyderabad 6. Sri Kovela Ranganayaka Swamy Temple, Tirupallig-adda, Salarjung Colony, Nalanagar, GudTdimdlkapur, Asifhagar, Hyderabad Rep by its Executive Officer.

7. The Principal Secretary, Registration Department, Telangana, Hyderabad 8. The Commissioner, and lnspector General, Registration and Stamps Department. Telangana State, Hyderabad. 9. The District Registrar, Ranga Reddy District. 10. The Sub- Registrar, Hyderabad (South). 11.The Chairman, of the Committee and The Chief Commissioner of Land Administration (CCLA) Survey, Settlement and Land Record (SS and Lf )' Government of'Telaniana, Hyderabad. Abids, Hyderabad, Telangana State'

12. The District Collector, Hyderabad District, Hyderabad ...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 oleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the impugned Eviction Not,ce dated 0111112021 (received by the petitioner on 0211112021) issued by the tlespondent No.6 as illeoal, arbitrary and against the provisions of Telangana rlharitable and Hindu Reiigious lnstrtutions and Endowments Act, 1987 and against all settled principles of law and set-asrde the same and consequently to direct the respondents to remove the subject property H.No.9-4-86/81/7, Nanal Nagar Salarajung Colony, Hvderabad from the list of prohibitory properties as it dc,es not correlate io Sv.No.ZAS and 286 Guddimalkapur, Asifnagar, Hyderabad but falls within the purviewof Sy.No.141,142and 143 of Shaikpet Village, Hyderabad. IANO:1O F 2021 petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Couri may be pleased to suspend the rmpugned .Eviction Notice dated 01111t2O2', (received by the petiiioner on O211112021) issued by the Respondent No.€i in respect of the property bearing H.. No: 9-4-86/81/7, Salarjung Colony, Kakatiya Nagar, ilyderabad. pending disposal of the main writ petition. Counsel for the Petitioners : SRl. CHANDRASEN LAW OFFICES Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following: ORDER TH H L l w RIT P 1 c wp 29454.2021 NBK,I B PA N 9 454 2 oRDE This writ petition is filed seeking the following re lief : "to issue a Writ, Order or Direction' more irn,f"ir,, one in tn" nature of writ of mandamus, to dectare the impugned Evicti.on ';;;;;; ;;lr"i- ot/tt/zozt (received bY '"li,i,.r", on 02'11'2021) issued bv !!" '.1" E:;:;;';;rt"io'a as ittesat' arbitrarv and as'a.inst ';;;;;;;;t;"rs of rebn{anta charitabte and Hindu Retiqious Institutions and Endowments Act' 1987 principtes or taw .and.set' ;;;';;;,;;:;;it 'ixr"d "r;;id;";;; t"me and consequenttv to direct the respondents to remove the subject property 'i'iJ.ii-aarutz, Nanat Nagar' sata.raiuns ';;;;;;, niii'ioua rrom the tist or prohibitory properties as it does not correlate to Sy'No'285 & 286 Guddimalkapur, Asifnagar' Hyderabad but falls within the purview ot Sy'No'l4l' 142 & 143 ';;'s;;;ip:e; viitase, Hvderabad and pass such Z,tnl"r-or-ird"rs as this'Hon'ble Court mav deSm i'"ri rii", in the circumstances of the case"

2. The petitioner is the owner.and possessor of house bearing No.9-4-86/81/7 in Survey Nos'141' L42' and 143' to an extent of 22O square yards, situated at Salarjung colony' Nanal Nagar, Hyderabad, having purchased the same from one Sri K' Lakshmi Narayana Bhat under a registered sale deed vide Document No.3087 of 2011' dated 31'10'2011' While so' based on a representation dated 29'02'2019 made by the Chairman of the Trust Board - respondent No'6 temple - respondent No'5' \ 2 F! wP_2s4s4-2021 ( NB(, J 742 Sy.Nos.141 numbers co Respondent No.2 Hyderabad. It petiti the Assistant Commi ssioner of the Endowments Department submitted a report in R.C.No.B/30 ts/2016 dated 20.03 .2}tg. the Commissioner of the Endowments Department , requested the prohibition of 6.1 municipal do rrelated to Sy.Nos.2g5 and 2g6 of Gudimalka Village, Asif Nagar Mandal Hyderabad. The petitioner submits that out of th e said 63 door numbers door nurnbers from 50 to 63 do not fall under Sy.Nos.2g5 and 286 but rather belong to and 743 of Shaikpet Village and Mandal rs stated that the subject propert), owned by the oner was wrongly listed at S.No.63 and despite this, it does not belong to Sy.Nos.2g5 and 2g6. In spite of the petitioner making several representations to the respondent authorities requesting removal of the subject property from the prohibited list of 63 door numbers while enclosrng encumbrance ficates clearly showing that the propertY falls under Sy.w os.141 742 and 143 , no action has been t;rken by the {B?Pondents. Instead the petitioner was issued the impugned q notice dated 01.71.2021 (received on 0.2.77.202t ), directing the petitioner to vacate prernises within 1 5 days and to pay occupation and respondent No.6 3 wp-29454 2021 NBK' I damage charges of Rs'25'000/- per month from the date of the alleged encroachment' Challenging the same' the petitioner has filed the Present writ Petition'

3. Heard Smt' B'Namrath Reddy' learned counsel for the Petitioner, as well as learned Standing Counsel for resPondent No'6-temPle' Perused the record' 4 Copies of O.A.No'148 of 2022 filed by the petitioner and O.A.No .54 of 2022 ftled by the temple with regard to subject ProPerty are filed before this Court'

5. While ordering notice before admission' this Court' directed to maintain status quo with regard to PhYsical order dated obtaining as on that date vide possesslo n

23.tt.202t. counter-affidavit and 6 filed 6. ResPondent Nos'5 It is stated that basing on the denying the writ averments' directions of the District Collector' Hyderabad' the Tahsildar' conducted an enquiry and submitted report dated 07'05'2021 stating that the subject property correlated Sy'Nos'285 and 286 and is a temple lnam land and at no point of time neither the petitioner nor his predecessors were owners of the subject land I I t I t l wp-29454 2021 NA(,l A -'-..r and the petitioner is trying to knock away the ternple land and assures that due process of law will be followed while evicting the petitioner from subject land and hence sought for dismissal of the writ petition. -

7. Reply affidavit is also filed by the petitioner. 8. A perusal of the record discloses that the dispute relating to the subject property filed by the petitioner as well as the temple are pending before the Endowments tribunal. 9, In view of the above, without going into the merits of the case, this writ petition is disposed of clirecting the tribunal to adjudicate both the OA,s i.e., O.A.No. 14g of 2OZ2 and 54 of 2022, basing on its merits and pass appropriate orders in accordance with law, within a period of 6 months from the date of receipt of a copy of this order. Interim order passed by this Court, shall continue till then. No costs. Miscellaneous petitions pending if a ny, shall stand closed. I To, //TRUE COPY' SDAV.KAVITHA DEPUry REGISTRAR . l-.-: .--,/ SECTION OFFICER 1 One CC to SRl. CHANDRASEN LAW OFFTCES Advocate [C,PUC] Two CCs to GP FOR ENDOWMENTS , High Court for the State of 2 Telangana. IOUT] J 4 ANV Two CD Copies One Spare Copy HIGH COURT DATED:1210212025 ORDER WP.No.29454 of 2021 trl '{ THE S 'r I 10 JUL 2025 (j f \t FI :L], -:2 J l1 :r \\r) 'i\-".. \.,-i. 'i. CLOSING OF THE WRIT PETITION WITHOUT COSTS \?/./ \