High Court · 2025

^ Pr3""ss3*'b?'#t Villao6. Mothkur Mant 7 Sri. Madiqe Shekar, S Chairman of MatYagir Village, Valigonda Mz i3iffi$fr*fl.ffi,,}f'o:;#Jjf::*.,-,. PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be O'"rr"O'1" utre a Writ of Mandamus or any other appropriate Writ' Order or Direction decraring the notice issued by the Respondent No 3, namely the Assistant Commissioner' Endowment Department' vide Rc No 8/4997/2017 dated 10-08-2018 putting the land admeasuring Ac 13 36 guntas iri Survey No 205' situated at Mushipatla village' Mothkur Mandal' Yadadri-Bhongir District as illegal' arbitrary, uniust and without any legal right or jurisdiction' besides violation of cardinal principles of natural justice' fundamental rights and under Article 300A Constitution of lndia' - IA NO: 10F 2018 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay of alr proceedings incruding the Auction pursuant to the Notice issued by the respondent No. 3 namely the Assistant Commissioner, Endowment Department, vide Rc No B/ 499712017 dated 10-08-2018 in respect of the rand admeasuring Ac'1336 guntas in sy.No. 205, situated at Mushipara Virage, Mothkur Yadadri Bhongir District pending disposar fo the above writ petition No. of 2018 lA NO: I OF 2020 'i,andar, Between: ;ililimni,.,;tl1+#[.6jtii6tT,'is,].##j";:"'#:::::: ^ lor Endowments State of Telangana, Hid*;riuri - ,". J. .t he Assistant Commissir fo' Endowment Endowment Department, Nalgonda, Nalgonda Di.if""tl AND ...PETtTtoNERS/RESPONDENTS 'ffi :{$i$;.qi;:qA{?,,B,"r,,,ff,fitid[.:ij+ffi ,:nrr?i],r:"sn'""#

2.rtre.Execuriveof f icer,ril*1nl:l^rf n,l:,r#:ffilI:'::::::"-^ , ifr!'3[3BHi,T. iSoii'iin oo,, n, g i ri D i s tri ct. Department, Bhoovanagiri Ori"idr,ijili",i y|lff"TNX iq"r o Bnoovanaoiri iji_.,__,,,,,enr i J, n,r i -Vi " " ;5ini*l;q1*1iiql$in,'IfJiil#f l"?tH:l:l::,:;::-* fi Ei]li',illii5g:"Hi1j:i:x1.Exseiltr,,;Egft 'v"'#n}IL?:,i" (Respondents/Resoondents petition) Nos.2 to 5 are not necessary parties in this ..RE.'.NDENT./RES'.NDENT. Petition under section 1b1 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 interim order dt writ petition.

17.08.2018 in W.P.No 29308 of 2018 and dismiss the Counsel for the Petitioner: SRI M'S'N'PRASAD - --. -. counsel for the Respona"ti Hot'i to 3: sRl MANG.ILAL NAIK' GP FoR Gounsel for the Respondent Nos'4 to 7: -- The Court made the following: ORDER ENDOWMENTS .,u /1 ",i/ THE HON'BLE SRI JUSTICE E.V. VENUGOPAL ORDE R: WRIT PETITION No.293O8 OF 2018 This Writ petition is filed under Section 226 of Constitution of India seeking the following relief/s:_ -t "... lo issue d Wril ol A4anda-,r:, ol uly other appropriarp Writ, Order or Direction declaring the impugned Noticc iisued Uy r-hl e."po.a..rt N0.3, vide RcNo.B/499z/2oIZ dated o:08_2O ra p"i i.i't"",f""i admeasuring Acs 13.36 gunLas in Survey No.2oS, situared at fra""f,ii"i"*vlfUge, Morhkur Mandal, Yadadri-Bhongr District for pubtrc Ruction-aJliiJguf,'r.Uit...v, Lrntust and without any legal right or jurrsdiction, U."ia." "i"i.,.ii" of carclinal principles of naturar justice. fundarnental. rights and ."a..lrrt]"i"^ sooA or constitLrtion of Indta and pass such other order or orders ..." 2. Heard Mr.M.S.N.prasad, learned counsel for the petitioner and Mr.Mangilai Naik, learned Government pleader for Endowments appearing for respondent Nos.1 to 3.

3. Learned counsel for the petitioner submits that on 14-08-2018 a notice was affixed in the Olfice of the Gram Panchayat Mushipatla Village, Mothkur Mandal, yadadri_Bhongir District stating that the land admeasuring Acs. 1 3.3 6 guntas in survey No.2O5 of Mushipatla Village was put for public auction on 18.08.2018 stating that the land is being put for public auction for the benefit of Sri Bhugga Ramalingeshwara Swamy Temple. He further states that no notice was issued to the petitioner herein and that there was nothing on record to show that the subject land belongs to the said Temple; that the impugned notice is illegal and arbitrary. n I I I I 2 t I Learned counsel for the petitioner further submits that he 4 filed O.S.No.115 of 1983 before the competent Civil Court' Bhongir seeking the relief of Perpetual Injunction and the said suit was decreed. He further submits that the petitioner rs 1n possession and enjoyment of the subject property and seeks to allow this Writ Petition.

5. Learned Government P1ead'er submits that the public auction was conduct ed on 27 '12'2}la and a sum of Rs'35'000/- was realized as highest bid for one year from 2O19 to an extent of Acs.13-13 gts and the amount reafized was deposited in the Bank account of the Temple. He further contends that as per the order dated 17.08.2O18 passed by this Court' the said auction is not yet finalized. Therefore, he submits that the Writ Petition is misconceived and seeks to dismiss this Writ Petition'

6. Having regard to the submissions of both the learned counsel, this Court is of the view that since the auction period is for one year, the cause in this Writ Petition doesn't survive for adjudication. 7 . Accordingly, the Writ Petition is dismissed' The petitioner rs at liberty to work out the remedies as available under law' ')v ",; ../' I I l 3 Miscellaneous petitions, pending if any, shall stand closed. //TRUE coPY// SD/. K. AMMAJI TY REGISTRAR l SE N OFFICER 9n" 99 ro SRt M.S.N.pRAS, Lryo. Qcs ro Gp FoA ENiDbjf ilS,?S:ftE,ioJ.yii.,., ar Hyderabad. IOUTI Two CD Copies he State of Telangana, To 1 2 .' PSK, BM HIGH COURT DATED:f 7tO3t2O2S ORDER WP.No.29308 of 2018 i I I I 1 I i I I l l i I I B 1l-iE- SI4 ts o Y( 03 sEP26 ..) ,' DISMISSING THE WRIT PETITION WITHOUT COSTS ..\ ..'. '.\ .l ,'/ ;. Ll ).bu-