Disputes regarding endowed properties must be adjudicated by the Endowments Tribunal, and failure to exhaust alternative remedies renders a writ petition inadmissible.

ORDER

This writ petition has been filed seeking a writ of mandamus to declare the action of the respondent No.7, Assistant Commissioner, Endowments Department, in issuing letter No.B1/2273/2023 dated 22.09.2023 including the house Plot No.160, admeasuring 150 square yards, situated at Sree Kanaka Durga Nagar, Chengicherla village, Boduppal Municipal Corporation, Medipally Mandal, Medchal- Malkajgiri District, (hereinafter referred to as ‘the subject property’) in the prohibitory list under Section 22(A) (1) (c) of the Registration Act as illegal and arbitrary and consequently while declaring the action of the respondent No.5, Sub-Registrar, Narapally, Medchal-Malkajgiri District, in not registering the sale deed by passing refusal order vide No.8 of 2024 in respect of the subject property as illegal direct the respondent No.5 to register and release the sale deed vide P-86 of 2024.

2. It is the case of the petitioner that she is the absolute owner and possessor of the subject property having purchased the same vide registered Document bearing No.1423 of 2016 dated 10.03.2016. While so, with an intention to sell the subject property, petitioner executed the sale deed dated 15.12.2023 in favour of the prospective buyer and presented the same before the respondent No.5 for registration. However, she was informed that the subject property cannot be registered as it is included in the prohibitory list as per the letter No.B1/2273/2023 dated 22.09.2023 issued by the respondent No.7 stating that the subject property comprised in survey number is an Endowment property and therefore the same is included in the prohibitory list under Section 22(A) (1) (c) of the Registration Act, 1908 and requested not to entertain any registrations in respect of the said survey number. Placing reliance on the aforesaid letter the respondent No.5 kept the sale deed pending vide pending document No.P-86 of 2023 and thereafter passed refusal order vide No.8 of 2024 dated 28.02.2024. Questioning the same, the petitioner filed the present writ petition.

3. On behalf of the respondent No.7, while denying the writ averments, counter affidavit has been filed, inter alia, stating that the petitioner has filed the present writ petition without exhausting alternative remedy of appeal as available under Section 72(1) of the Registration Act, 1908. It is further submitted that the instant litigation pertains to TLP Charities No.10, Uppal Road, Tarnaka, Secunderabad was founded on 07.09.1966 for charitable purposes and the subject Trust was registered under the provisions of the Section 38 of the Endowments Act, 17 of 1966 (Repealed) vide Registration Certificate No.68, dated 04.06.1976. It is further submitted that the petitioner is trying to claim the endowed property as private property without any coherent or cogent evidence. It is further submitted that the petitioner ought to have sought declaration of her title at the first instance before the Telangana Endowments Tribunal under Section 87(1)(c) of the Endowments Act 30 of 1987. Instead of doing so, the petitioner filed the present writ petition.

4. It is further submitted that no orders have been passed by any of the authority declaring the petitioner’s plot as private land and there is no evidence to suggest the same. Once the property is entered in Section 38 Register of the subject Institution, the same cannot be alienated without the consent of the Commissioner of Endowments.

5. It is further submitted that the Hyderabad District Collector has issued proceedings, assigning of District Gazette number and date for L.R. No.REV/D2/D1/GAZE/001/2021 for Endowments Department lands Secunderabad detailing landed properties relating to the temples/institutions and covering propertie