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2026 Supreme(Online)(Tel) 15489

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Anil Kumar Jukanti, J
Sri Laxmi Venkateshwara Swamy Temple – Appellant
Versus
State of Telangana – Respondent
W.P.No.40409 of 2025



Advocates:
For the Appellants/Petitioners: K.M.Mahender Reddy, B.Ravinder
For the Respondents: Government Pleader for Endowments, Dara Haritha Kiran, R.Sameer Ahmed, K.Ravi Mahendar, G.Kiran Kumar Reddy

State authorities and the Commissioner of Endowments have a mandatory duty to protect the immovable property of religious institutions from illegal encroachment, unauthorized constructions, and prohibited alienation, requiring proactive measures such as demarcation and fencing of endowed lands to preserve them for the community's benefit.

Headnote:(A) Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Sections 43, 80, 81 and 83 - Protection of temple lands - Encroachment and unauthorized constructions - Duty of State and Endowment authorities to protect endowed properties - Court directed conduct of a joint survey and demarcation of temple land followed by erection of fencing - Court highlighted that property of such institutions must be protected as community has a definite interest in it - Alienation without prior sanction is null and void.

Facts of the case:
The petitioner, a temple management, alleged that temple land in Sy.No.348/1, measuring Ac.14.10 guntas, was being encroached upon by the 10th respondent and others, and that unauthorized constructions were being raised thereon. It was further asserted that there were no actions taken by the authorities to protect these lands despite formal representations.

Findings of Court:
The court found that documentary evidence from pahanies and registration under Section 43 of the Act confirms the endowment of the subject land to the temple. The court directed the District Collector and the Endowment Department to conduct a joint survey, demarcate the land, and erect fencing around the total extent of Ac.14.10 guntas within twelve weeks.

Issues: The main issues were whether the subject land belongs to the temple as per governmental records and the requirement for government authorities to initiate protective measures against illegal encroachments and constructions.

Ratio Decidendi: The court established that under the relevant endowment laws, it is the imperative statutory duty of the state and the Commissioner of Endowments to secure and alienate-proof the immovable properties belonging to religious institutions. Relying on documented land records, the court intervened to mandate physical demarcation and containment of the property to prevent further encroachment.

Result: Writ petition disposed of with directions for survey and fencing.

Table of Content
1. prayer for protection of temple land from encroachment and unauthorized construction. (Para 1 , 2 , 3 , 4 , 5)
2. evidence establishing temple title to land and historical governmental recognition. (Para 6 , 7 , 8 , 17)
3. court's authority to order joint survey, demarcation, and fencing for security. (Para 9 , 10 , 11 , 18 , 19)
4. statutory duty of commissioner to protect endowment property under sections 80, 81, and 83. (Para 12 , 13 , 14 , 15 , 16)

ORDER:

This Writ Petition is filed seeking with prayer:

“…pleased to issue an appropriate Writ, Order or direction particularly one in the nature of Writ of mandamus challenging the inactions of respondents for not demolishing unauthorised constructions nor evicting encroachers or taking serious actions against 10th respondent & others by issuing notices to them as per law who are trying to alienate Sri Laxmi Venkateshwara Swamy Temple lands with rooms in Sy.No.348/1, extent Ac.14.10 guntas, situated at Jagathgirigutta, (M) Quthbullapur, Dist. Medchal-Malkajigiri, and no action taken on petitioner’s representation dt 03-12-2025, is totally illegal, opposed to public policy and violative of Art 14, 21 of Constitution of India, apart from violative of principles of natural justice and call for records and issue consequential directions: a) to demolish all unauthorized constructions of 10th respondent and others in Sy.No.348/1, extent Ac.14.10 guntas belongs to Temple, b) direct 9th respondent-RTC to deposit rent Rs 29,000/PM in Temple account by 5th of every month, c) to stop further constructions without permissions in the Temple land in Sy.No.348/1, extent Ac.14.10 gts, d) to direct the respondents to construct compound wall around Temple land Ac.14.10 gts by demarcating through Dist. Collector and Asst. Director, S & L R, Medchal-Malkajigiri Dist, by appointing Advocate commissioner to avoid influence of 10th respondent & others, e) evict all encroachers from Temple land and award costs and pass such other orders…”

2. Heard Mr.K.M.Mahender Reddy, learned counsel representing Mr.B.Ravinder, learned counsel for petitioner, learned Government Pleader for Endowments appearing for respondent Nos.1 and 3, Ms.Dara Haritha Kiran, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2, 5, 6 and 7, Mr.R.Sameer Ahmed, learned Standing Counsel for respondent No.4, Mr.K.Ravi Mahendar, learned Standing Counsel for respondent Nos.8 and 9 and Mr.G.Kiran Kumar Reddy, learned counsel for respondent No.10. Matter is being disposed of at the admission stage with the consent of counsels.

3. It is the case of petitioner that petitioner (Sri Laxmi Venkateshwara Swamy Temple, Jagathgirigutta, Quthbullapur Mandal, Medchal-Malkajgiri District), has an extent of Acs.14.10 guntas, and the said land pertains to Endowments Department, as claimed by Endowments Department.

4. It is submitted by learned counsel for petitioner that some persons are trying to encroach temple land. It is pointed out that respondent No.10 encroached temple land to an extent of Ac.1.20 gts and converted the same into plots and twelve (12) rooms unauthorizedly have been raised without permission and he is intending to part/alienate and create third party rights. That inspite of representation dated 03.12.2025, there is no action by respondent authorities in protecting temple land from grabbers and encroachers.

5. Learned counsel for unofficial respondent No.10 submits that the land was allotted to her for construction of a temple, and that along with her, others also constructed temples in and around the vicinity of temple. It is submitted that said land in which respondent No.10 has constructed a temple is the land which is allotted to her by Government.

6. Copy of Section 43 notification is at page No.23, under the Hindu Religious Endowments Act, 30 of 1987, Section 43 proceedings dated 05.01.2018 are in the name of Sri Laxmi Venkateshwara Swamy Temple, Jagathgirigutta. Page No.25 is a l

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