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
| 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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