WP/30403/2025 of Tappa Ramulu, Vs Government of Telangana, on 7 October 2025

1. Tappa Ramulu, s/o late Tappa Pedda Bala Kistaiah, aged about..66 years, (all ard bcc. Agriculture, r/o Kbhatikunta Village of Lingal [\Iandal, Nagarkurnool District).

2. Tappa Pedda Laxmaiah, s/o late Tappa Chinna Bala Kistaiah, aged about. 7'1 years,

3. Tappa Balapeeru, s/o late Tappa Chinna Bala Kistaiah, aged about. 59 years,

4. Tappa Swamy, s/o late Tappa Chinna Bala Kistaiah, aged about. 41 yeats,

5. Tappa Venkataiah, s/o late Tappa Hussain, aged about. 5'1 years,

6. Tappa Chinnaiah, s/o late Tapa Hussain, Aged about.41 years, (All are Occ. Agriculture, r/o Komatikunta Village of Lingal Mandal, Nagarkurnool District). ...PETITIONERS AND

Government of Telangana, Revenue (Endowments) Department, Rep by its Principal Secretary, Secretariat, Hyderabad. The Revenue Divisional Officer, Atchampet, Nagarkurnool District. The Joint Collector, Nagarkurnool District, At Nagarkurnool. The Tahsildar, Lingal ttilandal, Nagarkurnool District. The Assistant Commissioner of Endowments, Nagarkurnool District at Nagarkurnool. ...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 Writ of IvtANDAMUS declaring the order of the 2nd respondent i.e., Revenue Divisional Officer, Atchampet, Nagarkurnool District vide Proceedings in a I

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: 1, -.7 No.l/1 503/20'14 , dl 25l)gt2}25, granting ORC in Form-lll rc: ating to the land admeasuring an extent of Acs.12-35 guntas in sy.No.165, '(: matikunta Village, Lingal Mandal, Nagarkurnool District, as bad, illegal, arbitrary, rr gross violation of principles of natural justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cir(:Ll nstances stated in the affidavit filed in support of the petition, the High courl 'ray be pleased to susPEND the order of the 2nd respondent i.e., the Revent.e Divisional officer, Atchampet, Nagarkurnool District passed in Proceedings ir No.l/'1503/2014, d1.25logl2o25, so as to enable the petitioners to continue r possession of the land admeasuring an extent of Acs. l2-35 guntas in sy.Nc ',l i)5 at Komatikunta Village, Lingal Mandal, Nagarkurnool District, pending dispo-";:l of the main Writ Petition Counsel for the Petitioner : SRI M.VIDYASAGAR Counsel for the Respondent No.1&5 : SRI BHUKYA MANGIt-,a,L NAIK, GP FOR ENDOWMEl.IT:; Counsel for the Respondents No.2to4: SRI L.RAVINDER, A(;t:' FOR REVENUE The Court made the following: ORDER e I a

n I I ' : ' : I HON'BLE SRIJUSTICE K. LAKSHMAN WRIT PETITION No.30403 OR 2025 --iIL{L ORDER: Heard learned counsel lor the petitioners, Mr. L. Ravinder, leamed Assistant Government Pleader for Re'n enue appearing on behalf of respondent Nos.2 to 4 and Mr. Bhukya Mangilal Naik, learned Govemment Pleader for Endowment appearing on behalf of r'.-snondent Nos.'l and 5

2. This writ petition is flted challenging the ORC dated )5.09.2025 issued by respondent No.2 on the ground that respondent '.,,.I has issued impugned ORC without putting the petitioners on notice and without affording them an opporlunity.

3. Mr. M. Vidya Sagar, leamed counsel for the petitioners, rvould submit that on the request made by Sri Anjaneya Swamy femple, Komatikunta Village, Lingal Mandal, respondcnt No.2 has .:il;cd notice dated 16.06.2014 to the fathers of the petitioners iihereafter, respondent No.2 has issued proceedings in C.C No. l/1503/2014, dated 01.07.2014, proposing to conduct auction of ,,.r1-..;:ct property. Challenging the said proceedings, the fathers of the petitioncts*filed a writ petition vide W.P. No.2175 1 of 2014. Vide f''--!?-EE*e '.:::: i,-:-;-:-,a-.

KI-..1 lV P No 3040j nlllllr order dated 03.t)9.2025, this Court closed the stLi,l writ petiticn directing both the parties to maintain status quo ex:r ing as on that datc till disposal of ORC pending before respondet.tt l,irr I in rcspect of the subject property. Thereafter, respondent J'lo J has issued impugned ORC dated 25.09.2025 without putting t, ,r petitioners on notice and alfording them an opportunity

4. Learnr:d Govemment Pleader for I: n .lorvtnct-tt. rrr l instructions, rr.ould sr.rbrnit that the subject properly i; 'nont lanti ;rri, theretbre, respondcnt No.2 has issued ORC date,:[ ]5.09.2025 i:r lavour of Sri .An.laneya Swamy Temple. There is n() : iror in it. Tf ie said 'l'ernple is registered one under the provisions :r'the Telangana Charitable and l.1indu Religious Institutions and I'r'r lorvments Act No.30 of 1987. lfthc petitioners are aggrieved by th., :aid order, they' have to approach the Endowment Tribunal in terms ol liection - 87 cl- the Endowrnents Act. In support of the same, he hrrs also piace,-: reliance on the principle laid down by a Division Ben,:h of this Cc.r t ln Madugula Mahadev Ramasharma v, The .l'oint Collector, Nalgonda Districtr W.A. No.12,13 o1 2009. dccrded on 24.022022

..,..t?*-ry ../ KL,J W P. No 10401 of202i

5. Leamed counsel for the petitioners would contend that the !::liject propefty is not an endowment property. However, he will r,:c all these grounds before respondent No.2 if respondent No2 affords an opportunity to the petitioner herein by serving a notice'

6. Perusal of impugned ORC dated 25-09.2025 rnakes it clear that respondent No.2 has issued the said ORC in f-avour of Sri Anjar-reya Swamy Temple without putting the petitioners on notice , .r ii irhout affording them an oppoftunity. Thus, there is violation ol plinciples of natural justice. Therefore, the facts ol the present case .rir slightly different to the facts of the case in Madugula Mahadev : i;l masha rma l. 7 . Therefore, without going into merits and demerits of the case, only on the said ground the impugned ORC dated 25.09-2025 of respondent No.2 is set aside. The matter is remanded to respondent \io.2 u'ith a direction to conduct hearing and pass appropriate orders .riictll in accordance with law by putting the petitioners, Sri Anjaneya Swamy Temple and all interested parties on notice and affording them rr ooporlunity. However, he shall complete the said exercise within a . ' no of thirty (30) days from the date of receipt of copy of this t order

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8. fhis rvrit petition is accordingly dispr:sr:d of. In thc circumstances ot'thc case. there shall be no order as tr) .)osts As a seqtrel thereto, misccllaneous petitions, if rn1,, pendinq in the rvrit petition shall stand closed. SD/-P. F,ONNA KRISHNA ASf(s Ir\NT REGISTRAR KL,.] \, 1,. No.304l-1 ollil.a //TRUE COPY// To I:iEdTION OFFICER

1. The Principal Secretary. Government of Telangana, Rever u,r (Endowments) Department, Secretariat, Hyderabad.

2. The Revenue Divisronal Officer, Atchampet, Nagarkurnool t.)istrict.

3. The Joint Collector, Nagarkurnool District, At Nagarkurnoc .

4. The Tahsildar, Lingal [Vandal, Nagarkurnool District.

5. The Assistant Comrnissioner of Endowments, Nagarkurnolrl )istrict at Nagarkurnool.

6. One CC to SRI IV VIDYASAGAR, Advocate. [OPUC]

7. Two CCs to GP FOlt ENDOWIVENTS, High Court for the llt,rte of Telangana lourl

8. Two CCs to GP FOtl REVENUE, High Court for the State rrf Telangana at Hyderabad. [OUT]

9. Two CD Copies. BSK BS qr a a

I HIGH COURT DATED:0711012025

ORDER

WP.No.30403 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS //.. , :.' :. 'l I 0ti 2925 \: a"u<ou \q.- 6d, \D