Brij Gopal Heda v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGA,NA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF I/ARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE T,AMARNATH GOUD WRIT PETITION NO: 4s72 OF 2021 Between:

plij .C^op_a]-lt9.Oq,.S/o. Sri Sita Ram Heda, Aged about 53 years, Occ. Business, R/o. 19-1-927 l29lA, It4urli Nagar, Bahadurpura, Hyderabad 500064 ...PETITIONER AND

1. The State of Telangana, Represented by its Principal Secretary, Endowment Department, Secretariat, Hyderabad.

2. Endowment Department, Represented by the Commissioner of Endowment, Boggulakunta, Hyderabad.

3. The Deputy Commissioner, Endowment Department, Hyderabad District.

4. The Assistant Commissioner, Endowment Department. Hyderabad District.

5. The Executive Officer, Endowment Deparlment, Sri MuraliManohar Swamy Temple KishanBagh, Bahadurpura, 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 pleased to issue an order, direction or writ, more particularly, in the nature of Writ of N,4andamus, thereby declaring that the Act of the Respondent No.5 threatening the petitioner to vacate and handover possession of the tenement portion bearing municipal no. 19-4-367, admeasuring 3433 sq. yards equivalent to 2929.98 sq. meters situated at Kishanbagh, Bahadurpura, Hyderabad, within seven days by issuing Final Notice vide letter No.

75/SN/N/ST/2021 dated 1510212021 served on 2010212021 is illegal, null and void and further to declare the caution notice written on the gate of the petitioner by the Respondent No.5 as illegal, unlawful arbitrary and against the law and principles of natural justice thus, thereby directing the Respondents not to dispossess the petitioner from the subject land without following procedure laid down under Sec.83 to 85 of the Act.

lA NO: 1 OF 2021 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 pass an order of lnterim Injunction Order, thereby restraining the Respondents or any other person claiming through or under the Respondents from interfering with the peaceful possession and enjoyment of the petitioner in respect of property bearing municipal no. 19-4-367, admeasuring 3433 sq. yards equivalent to 2g29.9g sq. meters situated at Kishanbagh, Bahadurpura, Hyderabad, pending disposal of the Writ Petition.

lA NO: 2 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the Hioh Court mavbe leased to receive the said notice vide Lr.No.75isI\,4lvsri2019, DATED.2Bl1 112019 as additional material paper in the above writ petition in the interest of justice. _ _,,, tI e" al{Q€-v.il_[! led i n_supllot q.Ulr9!-91i1i9 n, Counsel for the Petitioner: SRI DAMODAR MUNDRA Counsel for the Respondent Nos.1 to 4: Gp FOR ENDOWMENTS Counsel for the Respondent No.5: SRI KOTHA JAGAN MOHAN REDDy, SC

THE HON'BLE SRI JUSTICE T. AMARNATH GOUD WRIT PETITION No.4572 OF 2O2L ORDER:

This Writ Petition is filed by the petitioner seeking to declare action of the respondent No.5 in threatening the petitioner to vacate and hand over possession of the tenement portion bearing Municipal No.19-4-367, admeasuring 3433 sq.yards equivalent to 2929.98 sq. meters situated at Kishanbagh, Bahadurpura, Hyderabad, within seven days by issuing final notice vide letter No.7S/SMMST l2o2l, dated 79.02.2021 served on 2O.O2.2O21 as illegal and consequently direct the respondents not to dispossess the petitioner from the Subject land without following due procedure.

2. Heard learned counsel for the petitioner and learned Govt. Pleaders for Endowments and Sri Kotha Jagan Mohan Reddy, learned standing counsel for the respondent No.5 - Temple and perused the record -

3. lt is the case of the petitioner that he is in possession ol the subject property by virtue of the lease deed. The respondent No.S is threatening him to vacate the subject property and also issued a notice for which the petitioner submitted his explanation but the same is not considered by the respondents.

4. In view of the above submissions and facts and circumstances of the case, the Writ Petition is disposed of permitting the petitioner to approach the 2"d respondent - The Commissioner, Endowment Department and submit representation enclosing the relevant documents in support of his contentions and on such representation, the 2"tl respondent - The Commissioner, Endowment

Departme nt shall verify the records available with the Endowment Department and after giving an opportunity to the respondent No.S - Sri Murali Manohar Swamy temple, and after verilying their records, to pass comprehensive order. This Exercise shall be completed as expeditiously as possibly preferably within a period of four (4) weeks from the date o[ receipt of a copy of this order. lt is needless to observe that the petitioner shall cooperate with the enquiry before the 2"d respondent - The Commissioner, Endowment Department. Pending miscellaneous petitions, if any, shall stand closed. SD/.K.AMMAJI ASSISTANT REGIST ,TRUE COPY// R R SECTIO FFICE To,

1. The Commissioner of Endowment, Endowment Department, Boggulakunta, Hyderabad.

2. One CC to SRI DAIUODAR IUUNDRA, Advocate tOpUCl

3. One CC to Sri KOTHA JAGAN i TMOHAN REDDY, SC (OPUC)

4. Two CCs to the GP for Endowments, High Court for the State of Telangana. tourl 5, Two C.D. Copies.

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HIGH COURT DATED:0410312021 .i 'I

ORDER

TAraf S e t{ k WP.No.4572 of 2021 o L:t 1g HIH 2021 o .L ?!:'i * D!:F DISPOSING OF THE WRIT PETITION I (, 1.b