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IN THE HIGH COURT OF TELANGANA
Nagesh Bheemapaka
Brij Gopal Heda – Appellant
Versus
State of Telangana – Respondent
ORDER :
Nagesh Bheemapaka, J.
The petitioner challenges the interference of respondent No.5-Executive Officer of the Temple, with the tenement (Municipal No. 19- 4-367, 3433 sq. yards) at Kishanbagh, Bahadurpura, Hyderabad, as illegal, arbitrary and violative of Section 83 of the A.P. Charitable & Hindu Religious Institutions and Endowments Act, 1987.
2. Heard Mr. Damodar Mundra, learned counsel for the petitioner, and the learned Government Pleader for Endowments. Perused the record.
3. Brief facts of the case at hand, so far as relevant for the purpose of this writ petition can be stated as follows :
4. The subject property i.e., Municipal No. 19-4-367 (3433 sq.yards/2929.98 sq. meters) at Kishanbagh, Bahadurpura, Hyderabad, was originally leased to the petitioner's father, Sri Sita Ram Heda, by Respondent No.4-Assistant Commissioner, Endowments Department, on 24.11.1980 at Rs. 500/month, and thereafter the rent was enhanced from time to time, which was being paid regularly without default. In 2015, construction of storeroom, staff room, and gate was permitted, with rent raised to Rs. 25,000/month. Initially, the petitioner's father ran M/s. Pawan Parking Place. Post-2015, he ran M/
The absence of a valid lease in the petitioner's name negates his claims to occupancy and challenges to eviction; eviction procedures under the Endowments Act must be strictly followed.
Disputes regarding title over land belonging to charitable institutions must be addressed by the Endowments Tribunal, making writ petitions under Article 226 not maintainable.
Without valid lease, mortgage, or license, continued possession of the property would render the person an encroacher under Sec. 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions a....
Ownership disputes regarding endowment property should be resolved by the Endowments Tribunal, not through writ proceedings under Article 226.
A person who continues to occupy a property belonging to a temple after the expiry of the lease period without any authority is an encroacher as defined under Section 83 of the Andhra Pradesh Charita....
The High Court cannot entertain writ petitions related to land disputes already being adjudicated in specialized tribunals, directing parties to follow appropriate legal channels for resolution.
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