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High Court for State of TelanganaWP/3872/2020closed no costs

Pesaru Kattamma And Another v. The State Of Telangana And 4 Others

2020-02-25P.Keshava Rao1 pages

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.3872 of 2020 ORDER:

Heard learned counsel for the petitioners as well as learned Government Pleader appearing for the respondents-Endowment Department.

2.

The prayer sought in the writ petition is as under: "...to issue an appropriate Writ, order, direction more particularly one in the nature of Writ of Mandamus, direct the respondent No.2 to 4 not to recognize the respondent No.5 as Purohit (Pujari) of Sammakka Saralamma Jathara of Agrahampahad situated at Raghavapuram Village, Athmakur Mandal, Warangal Rural District which is inherited to the petitioners by the petitioners mother Late Gonella Kanakamma, W/o.Kattaiah who was the Pujari of Sammakka Saralamma Jathara, Agrahampahad till her death and consequently direct the respondent No.2 to 4 not to give any share to the respondent No.5 on the share allotted to pujaries of Sammakka Saralamma Jathara, Agrahampahad by considering the petitioners representation dated 02-01-2018, 06-01-2020 and pass such other order or orders as deems fit and proper in the circumstance of this case, in the interest of justice."

3.

Having heard both the counsel and from a perusal of the relief sought in the writ petition, this Court is of the opinion that the writ petition as filed is not maintainable, since private disputes between the petitioners and the 5th respondent cannot be resolved in a writ petition filed under Article 226 of the Constitution of India. Therefore, the writ petition is liable to be closed.

4.

Accordingly, the writ petition is closed. However, liberty is given to the petitioner to approach the appropriate forum, as per law. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ___________________ P. KESHAVA RAO, J 25th February 2020 mar