Item No.8
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.298 OF 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/writ petitioner is aggrieved by an order dated
08.06.2021 passed in W.P.No.14395 of 2021, wherein the grievance
raised was against the inaction on the part of the respondents No.1
to 3/Endowment Department in initiating action against the private respondents No.4 and 5 for having trespassed into the property of the appellant, situated at Kolsawadi, Begum Bazar, Hyderabad and for undertaking material alterations to damage the temple property.
2. Mr. A. Venkatesh, learned counsel for the appellant/writ petitioner states that the learned Single Judge has simply dismissed the writ petition on the ground that it is a civil dispute between the appellant/writ petitioner and the unofficial respondents No.4 and 5 and that the Endowment Department has unnecessarily been dragged into the matter whereas, before filing the writ petition, the appellant/writ petitioner had submitted a letter dated 09.12.2020 to the respondent No.3 pointing out the factum of the illegal trespass on the part of the respondents No.4 and 5, followed by some more representations and only when no response was elicited from the Department, did the appellant knock at the doors of the court. W.P. No.298 of 2021 Page 1 of 2
3. In support of his submission learned counsel for the appellant/writ petitioner refers to the representations submitted by the appellant/writ petitioner to the authorities that were made a part of the records of the writ proceedings.
4. On enquiring from Mr. Vijay Prakash, learned Government Pleader for Endowments as to why steps have not been taken so far to address the grievance raised by the appellant/writ petitioner, learned counsel assures the court that the Department shall take steps to file an application under Section 83 of the Endowments Act, to declare the respondents No.4 and 5 as trespassers.
5. Needful shall be done within two weeks from today under intimation to the appellant/writ petitioner.
6. In view of the submission recorded on behalf of the respondents No.1 to 3, the present appeal is disposed of along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 20.07.2021 KTL/PLN W.P. No.298 of 2021 Page 2 of 2