Padmaja Lodge v. The Asst. Commissioner Endowments Department

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Civil Revision Pet it ion No.2 0 9 0 of 2 0 1 9 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner, challenging the order, dated 22.08.2019, passed in I.A.No.446 of 2019 in O.A.No.63 of 2017, by the Telangana Endowments Tribunal at Hyderabad, whereby, the petition filed by the petitioner under Section 151 of C.P.C. requesting the Tribunal to grant stay of all further proceedings in O.A.No.63 of 2017 pending disposal of the review petitions filed before the Government, was dismissed.

2 .

Heard the learned counsel for the revision petitioner and perused the record.

3 .

The learned counsel for the revision petitioner made a request to this Court that till the disposal of the review petitions by the Government, the proceedings in O.A.No.63 of 2017 before the Tribunal may be stayed and also contended that the all the Trust Board Members of the 2nd respondent Temple have recommended the extension of lease in favour of the revision petitioner. The Government has not taken a decision yet on the review petitions filed by the revision petitioner. Under these circumstances, the Tribunal ought to have stayed all further proceedings in O.A.No.63 of 2017 and ultimately prayed to set aside the impugned order and allow the Civil Revision Petition.

- 2 - 4 .

There is no dispute that land on which the petitioner Lodge is situated is endowment land. There is also no dispute that the lease of the said land, which was granted in favour of the revision petitioner, expired long back. In the given circumstances, the revision petitioner ought to have sought a proper order from the Government in the review applications pending with the Government. Since there is no stay by the Government as well as no extension of the lease in favour of the revision petitioner, the Tribunal is justified in passing the impugned order. There is no illegality or infirmity in the order under challenge. The Civil Revision Petition is devoid of merit and is liable to be dismissed.

5 .

Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Civil Revision Petition, shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J 23rd September, 2019 Bvv