High Court · 2025

'1 . J.Narender' S/o Ra.iaram, Aged about 45 years' Occ'Business' Shop No'8' 2. Jessu Sandeep Kumar, S/o Dattu' Aged about 32 years' Occ'Business' Shop 3. Smt. Jyothi, W/o Sekhar, Aged about- 47 yearc' Occ Business' Shop No 3' 4. Amarawadi Dasarath, S/o Gangaram, Aged about. 39 years, occ.Business, No.2, D.No.3-3-89/2 D.No.3-3-89/3 ShoP No.4, D.No.3-3-89/4 (all the shoPS situated irlizamabad District). at Gandhi Road, Armoor Town and Mandal' .....PETITIONERS AND 1 2 Sri Jambi Hanuman Temple' Armoor town and Mandal' Nizamabad District' Rep.by its Executive Officer' The Commissioner of Endowments, State of Telangana' Boggulakimta' Tilak Road, Abids, HYderabad' State of Telangana, Revenue (Endowments) Department' Telangana $;;.i;;j : H;J"iloru, n" p. dv iii Fri nCi pa t'seireta ry to Government' ..]..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 a writ, order or direction, more particularly a writ in the nature of WritofMANDAMUSdeclaringtheactionofthelstrespondenti.e.,SriJambi HanumanTemple,ArmoorTownandtr4andal'NizamabadDistrict'representedby itsExecutiveofficerinissuingLr.No.Tt2ols,dated03-10-2018directing petitioners to vacate the shops _ 1st petitioner fron the premises bearing shop No.B, D.No.3-3_Be/8, the ;;;';",,,;::":1"i.-, petitioner rrom Shop ,".:::Jj::,;:;jH:[,.i" 2, D No 3-3-Be rz, ine tro petitioner from shop No.4, D.No.3_3_89/4, situated at Gandhi Road, Armoor ,oh town and Mandat, Nizamabad District, hording that tn. r"r.. ".r^; end on 31-10-2018 and by contempratins to "ono,"t'J];:''::j::":lil,T *" petitioners by due process of taw, as bad, ilesat, ".0,*:;';J.t:;1"::;:,"r :^::': t.A.NO :1 OF 2018 petition under section 15'1 cpc praying that in the circumstances stated in J.:f:illj:"L,,:,.::*. of the petilion, the Hish court may be preased to Jambi Hanuman ru,o,", Armoor rown and ,"".':; lH::::."J:,:,:,,,.:,., officer issued in Lr.No.7/20.18, dated 03_j0_2rr, ,;::T;:"J JJJ::,:::::i:; petitioner to be in possession of Shop No. g D.No.3-3-gg/g, the 2nd petitioner to be in possession of Sh il:;:; #:::fli jI,"T, r:ffi;"::J; possesson of shop _". of Shop No'4' D No.3-3 -89/4 are situated Gandhiroad, Armoor Town and Mandar, Nizamabad District, pending disposar of the main writ petition. Counsel for the petitioners Counsel for the Respondent No.1 : SRI MANGILAL NAIK Counsel for the Respondent Nos.2 & 3 : G.p FOR ENDOWMENTS The Court made the foltowing ORDER : SRI M.VIDYASAGAR :j- ..... l l I ,t I r I i i I THE HONOURABLE SRI JUSTICE E'V'VENUGOPAL TION No .36843 OF 20 18 oRDER: ^, This writ petition is filed for the following reliel: n. ..to issue a urit, ord'er or direction' ,more oarticutartg ' *'kiii* ndture tf'Y:t "f ';;;;;;;;'Z a""ti'"a'g ti" #ti" ;{":T-:; r:rr;:"'ind" *Mondot respondent ^ : : Tr,::I;,":3.":;i:;z':,i?:;Z*,i1,{;, Executiue Offict dated 03'10'ZOli'aT ectiig' petitioners to uacate th" ,h;;; l',- p.tiiiin", from the oremises b""i;; shoiP No'l : ry': ^''-' '89/8, the z*"iki't""ir from'Shop No'2' D'No'3-3-89/2''";;; 3-.tt petitioner' from Zi"i_ ru. s- , _;:;,f,rii r:;:r:l\rii, u'i;';;":; i" c""inii Rotad' Armoo'':o*n oetitioner from and Mandat itiii"n"a Distict" hotdins that the t"o""'iJ'iti-ho" "o^" 'o'1! on 31-10-2ol{-and by contemplating to conduct puati" Tictiin on 15-10-2018' tuithout euictiitg- iie petitionels |y" Drocess of tawi os bad' illegal' arbitrary' ';;;;:;;i" i''' iiaPass such other order or orders"'"

2. The petitioners are running tailoring shops which are within the premises pertaining to respondent No'1 temple and they are paying rents regularly' While so' a common notice bearing }etter No'7/2018' dated 03'10'2018 has been issued to the petitioners directing them to hand over 2 EYY.,T W.P.NL.J6BB 20;B vacaxt possession of the shops by 31.10.2018 in view of completion o[ the Iease period and that pubiic auction will be held on 15.10.2018 . Challenging the said common notice dated 03.10.201g the pefitioners have. filed the present writ petition.

3. Heard Sri M. Vidyasagar, learned counsel for the petitioners and Sri Mangilal Naik, Iearned Government Pleader for Endowments aPpearing for respondent No.2. There is no representation on behalf of respondent Nos.1 and 3. 4 This Court, uide order dated. 10.10. 2018 in I.A.No.1 of 2010, gra_nted interim order, which reads as follows: Status quo, as obtaining today, utith regarcl to the possession of the subject shops, shall be maintqined. Houeuer, it is open for the respond_ent authoities to proceed_ in accord_ance utith the tau.

5. Despite the fact that the petitioners are in actual possession of the property, the respondents are continuously disturbing their possession in one way or other on the ground that the lease period has been expired. Therefore, the petitioners seek directions from this Court to I I : ! I { t I I i I , i I I I i I l I I I I I I I I I 3 EW,J W'P'No'36843-2018 restrain the respondents from interfering with their peaceful possession over the shops in question ' ln support of his contention' learned counsel for the petitioner relied on a decision of this Court i'n Mangati Bhaskar Vs' State oJ Telanganal' 6 possession has No.1 - TemPle respondent No'l' No The learned Government Pleader submitted that the over bY resPondent alreadY been taken and as of now the Possessron is with auction has been conducted' and as the subject shops have been allocated submits that the erefore,. tre Th the Petitioners, but with the Hence, he seeks to dismiss the writ not with persons. to some other possession is per the instructions' respondents herern' petition.

7. Having heard learned counsel for the respective parties as regards ttre possession over subj ect shops and also in view of the aforesaid decision in lllangali Bhaskar's case (supra)' this Court is not inclined to make any observation in favour of any of the party' If aggrieved' the parties ate at liberty to approach the tribunal under | 2022 SCC Online TS 416 I I . .l.; 4 EV\t W.P.No.36t43 2018 Section 83 or 87 of the Tela_ngana Charitable ,r, a Ui.,a, Religious Institutions and Endowments Act, 19g7. 8. With the above observation, this writ petition is disposed of t 1 i r Miscellaneous petitions, pending if any, in this Writ Petition, shall stand ciosed //TRUE COPY// To 1 2 a

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6. SA GJP s ri Ja m bi Ha n uma n remp Endowments, State or rera il),5:r'#' b:.?rricer' i::.:"fl iil:',1"fiT;r r ne principal Secretarv to C gs;;5"iluxtn+.Xu*r:i,*,m q o."r#'*[afl{{i* Kv)t SECTiON OFFICER le, Armoor town and Mandal, ngana, Boggulakimta, Tiiak (Endowments) Department. eraDad. I I I I HIGH COURT DATED:02 t}4t2O2s 1 t i o(\ -t HE S14 t: 0 5 rlJE ztui 'i_ I * o \n' l' i, |: I ttl /.; .:,, ORDER WP.No.36843 of 2O1B DISPOSING OF THE W.P WITHOUT COSTS. ,r{ I : I I I I I