A.Arya Kumar v. Greater Hyderabad Municipal Corporation, Hyderabad

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.29081 of 2009 ORDER:

In this writ petition, the grievance of the petitioner is that as respondent Nos.2 to 5 are making constructions in the land belonging to Hanuman Temple, situated at Kandiguda, Kamalanagar, Kapra, Ranga Reddy District, he filed a representation, dated 25.03.2009, before respondent No.1Greater Hyderabad Municipal Corporation, Hyderabad, but no action has been taken thereon so far.

Though the learned counsel for the petitioner prays for disposal of the writ petition by making the interim order, dated 31.12.2009, absolute, this Court is not inclined to accept the same, as the petitioner has not placed any material to support his contention that the land belongs to the Temple. It may be noted that the question as to whether the land belongs to the Temple or an individual cannot be decided in the present writ petition. Except stating that the land belongs to the Temple, the petitioner has not placed any material before this Court with respect to the title over the land, on which, respondent Nos.2 to 5 were making constructions. In the circumstances, proper course for the petitioner is to approach the civil Court for injunctive relief against respondent Nos.2 to 5 or at least seek

assistance from the authorities of the Endowments Department, in whose jurisdiction the Temple would lie.

In those circumstances, the writ petition is disposed of leaving it open to the petitioner to avail the remedies before the civil Court seeking necessary relief or to approach the authorities of the Endowments Department, by placing relevant material. Miscellaneous Petitions, if any pending shall stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:12.10.2018 kdl