1. Kavangal Triveni Akkireddy v. The State of Telangana, Endowments Department

Petition under section 15i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 2nd and 3rd respondent not to interfere with petitioner s life and liberty and also their peacef ul possession and enjoyment of land Ho -rse property bearing Door no. 4-1-679, Jam Bagh, situated in R/o. 4-1-679, Jarn Bagh, Jawahar Lal Nehru Road, wanaparth colony, Hyderabad pending the disposal of this writ petition. Counsel for the Petitioners: SRI E. VENKATA SIDDHARTHA Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following: ORDER {!ffiry\? r/ / l I l l I I wp 2320 _2018 NBK, J THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION N0.22320 of 2018 ORDER: The case of the petitioners is that they are tenants of the propefty situated irr 4-1-679, Jambagh, .Jawahar Lal Nehru- Road, W..anaparthy Colony, IJyderabad, and they havb been in possession of the subject properly since 1952. It is stated that they have been paying rent for the subject property to Purender Memorial Charitable Trust; and that on 20.06.2018 and 22.06.2018, the respondent authorities visited the subject land and threatened the petitioners with dispossession, stating that the subject land belongs to the Endowments Department. The grievance of the petitioner is that the respondent authorities are trying to interfere with the possession ofthe petitioners and trying to dispossess them from the subject land without issuing any notice and without following due process of law. Hence, the present writ Petition.

2. Heard Mr. E. Venkata Siddhartha, learned counsel petitioners; and the learted Government Pleader for Endowments for the Perused the record.

3. Leamed Government Pleader for Endowments, based on the counter-affidavit, contends that the subj ect property belongs to a charitable institution, and therefore govemed by the Endowments Department according to the provisions of the Telangana State Charitable and Hindu Religious Institutions and Endowments Act, 30 of 1987 (for short' the Act). According to the provisions of the Act, al1 the leases stand cancelled' and the properties have to be leased out every 3 years in a public auction by following due procedure; and hence the contention of petitioner No. 1 2 wp 22320_2018 NBK, J that she has beerr stal,ing for more than 66 years, is against the law. It is also contended that no lease can be granted for more than 3 years and no authority is ernpou,ered to lease out the properly withour public auction. It is further statecl in paragraph No.4 of the counter as follo,,rrs: "04. ln reply to the averments made at para 4 of the affidavit it is submitted that since the building has become very old and it is in dilapidated condition, this respondent has to take steps to renovate the building and therefore the measurements have been taken by the authorities. Petitioner is not supposed to reside in the old building'as it may collapse at any time. There is risk of life to the inmates."

4. Considering the lespcctive submissions and perusing the record, more parlicularly the contentions in the counter affidavi-, it may be noted that it is the specific contention of the respondent-authorities that after commencement of Act 3 0 of I 987, all the leases .whatsoever stand cancelled, and the properties are to be leased out once e\ery three years in a public auction. It is also contended by the respondent authorities that the very contentior.r of the petitioners that they are residing in the subject premises fbr over 60 years is itself contrary to the provis,ions of Act 30 of

1987. Furthermore, it is also specifically contended that the building needs renovation as it has become old and in dilapidated condition and it is risky for the inmates to live there due to chances of collapse an.y time. ln that rriew of the matter, keeping in view the legal position as per

5. the Act 30 of 1987, and also keeping in view that the sub.ject property is in dilapidated condition with possibility of collapse, risk.ing the lives of inmates, this Court while directing the respondent-arthorities not to interfere with petitioner possession and enjoyment of th. property lfject i 3 wp 2232010t8 NBK, J except by due process of law, also deems it appropriate to further direct that due proiess of law be initiated within two weeks from the date of receipt of a copy of this Order, so as to avert any possible danger in the event of collaPse ofthe building'

6. AccordinglY, directions. No costs the writ petition is disposed' of with the above Miscellaneous petitions pending, if any' shall stand closed. /TTRUE COPY// To,

1. Endow ments DeP artment, The PrinciPal Secretary' Endowm Telangana, Hyde rabad ents Department, Endowments Department' 2. The Com missioner of Boggula Kunta, Tilak Road, HYd erabad 3 The Asslsta nt Commisslone r of Endowments' DePartment, Endowments Department , Boggula Kunta' Tilak Road, Hyderabad 4. One CC to Sri E' Venkata S iddhartha, Advocate IOPUCI 5. Two CCs to GP for Endowments, High Court for the State of Telangana, at ,1',#"JPe'L',i$k 7 D SECTION OFFICER tariat, The State of Hvderabad [OUTI Two CD CoPies Cl TJ GJP W HIGH GOURT DATED:1810212025 ORDER WP.No.22320 of 2018 ' ', . -\\ .;',,'\. '. a,"\L,i. \\ ,' ..\ tl4 ttl rut , * ?"",.",,. \:t- .!,' .. DISPOSING OF THE WRIT PETITION WITHOUT COSTS c,t