Telangana High Court
Maddi Laxma Reddy vs The State Of Telangana on 11 June, 2025
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
WRIT PETITION No.17863 of 2024
ORDER:
This writ petition is filed to issue appropriate writ, order or direction, more particularly, a Writ of Mandamus, declaring the action of Respondents Nos.2 and 3 in interfering into the physical and peaceful possession of the Petitioners and obstructing the petitioners ongoing construction in respect of the property land admeasuring 622 square yards in Survey No.8/Part, 9/A and 9/AA, situated at Upparpally Village, GHMC Rajendranagar Circle, Ranga Reddy District as being arbitrary illegal without authority colorable exercise of power abuse of process of law abuse of power entrusted by law abuse of official capacity and position and besides in violation of Article 14 21 and 300A of Constitution of India and consequentially direct the Respondents No 2 and 3 not to interfere into the Petitioners physical peaceful possession and ongoing construction in respect of the property land admeasuring 622 square yards in Survey No 8/Part 9/A and 9/AA situated at Upparpally Village GHMC Rajendranagar Circle Ranga Reddy District which is carried as per the building permission dated 08042024 vide 2 permit N 0576/GHMC/CHR/2024BP and pass such other order or orders.
Heard learned counsel for the petitioners and learned Government Pleader for Endowment Department appearing for respondents.
2. Learned counsel for the petitioners would submit that this Court in I.A.No.01 of 2024, dated 12.07.2024 had passed interim direction to respondent Nos.2 and 3 not to interfere into the petitioners physical, peaceful possession and ongoing construction in respect of the subject property land admeasuring 622 Square yards in Survey Nos.8/Part, 9/A and 9/AA situated at Upparpally Village, GHMC Rajendranagar Circle, Ranga Reddy District. The said interim order has been extended from time to time.
3. Learned counsel for the petitioners brought to the notice of this Court that the petitioners filed another writ petition vide W.P.No.2433 of 2025, wherein the coordinate Bench of this Court vide its order dated 06.03.2025 has expressed the following opinion:
"...12. In view of the above and without expressing any opinion on merits of the case, this writ petition is disposed of directing the 3 Registering the Registering Authority to follow the Circular Memo No.G3/9122/2024, dated 12.08.2024 and after verifying Gazette notification bearing No.281/D1/1963-2 dated 15.02.1964, proceeding No.B/504/2017, dated 08.11.2017 and revenue records, shall pass orders, as expeditiously as possible, preferably within a period of one (01) weeks from the date of receipt of the subject documents, by duly assigning reasons in support of such decision and communicate the said decision to the petitioners".
4. It is further submitted that as per the order of this Court dated 06.03.2025, the petitioners' property got registered and the documents were released by the concerned authority.
5. Opposing the same, learned Assistant Government Pleader for Endowments would submit that the property, which the petitioners are claiming their ownership and possession pertaining to the scheduled property within this writ petition is the property which is vested to the unofficial respondents and the petitioner had every right to approach the Endowment Tribunal for declaration of the title under the pretext of the interference of the respondents. Since there is no valid reason, this writ petition is liable to be dismissed and he relied on the judgment passed by the Hon'ble Division Bench of this Court in W.A No.1425 of 2024, dated 24.12.2024, wherein it is stated as under:
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It is pertinent to mention here that the appellant as well as respondent No.6 is claiming rights over the subject property. As there are serious allegations with regard to right, title and possession of the subject property, learned Single Judge rightly dismissed the writ petition and granted liberty to the appellant to approach the Endowments Tribunal for adjudicating her right and entitlement over the subject property.
6. Perused the materials available on record.
7. On perusal of the record it is disclosed that this writ petition is filed by the petitioners specifically not to interfere into physical and peaceful possession of the Petitioners and obstructing the petitioners ongoing construction in respect of the property land admeasuring 622 square yards in Survey No.8/Part, 9/A and 9/AA, situated at Upparpally Village, GHMC Rajendranagar Circle, Ranga Reddy District. This Court deems it appropriate to confess to the extent relief sought in this writ petition, however, learned counsel for the petitioners seeks permission of this Court to withdraw the writ petition as the cause in this writ petition does not survive for adjudication.
8. Therefore, this court is inclined to accord permission to the petitioners to withdraw the writ petition. However, so far as the claim over the property, both the parties are directed to approach the Endowment Tribunal to put-forth their grievance 5 in terms of the order passed by the Hon'ble Division Bench of this Court in W.A No.1425 of 2024.
9. Accordingly, this writ petition is dismissed as withdrawn. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
____________________________ JUSTICE E.V. VENUGOPAL Date:11.06.2025 pld