Citation : 2021 Latest Caselaw 4612 Tel
Judgement Date : 27 December, 2021
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.663 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The facts of the case reveal that the appellant/writ
petitioner has preferred W.P.No.4705 of 2021 stating that
the respondents No.8 and 9 in the writ petition are
encroaching upon the trust property and the
appellant/writ petitioner has approached the Assistant
Commissioner of Endowments also in the matter. It has
also been stated that a complaint was also made to the
Police. However, the Police has not registered any FIR.
The learned Single Judge, observing that as the dispute
was purely civil in nature, has disposed of the writ
petition with a liberty to the appellant/writ petitioner to
approach the officer concerned in the Endowments
Department for redressal of his grievance and avail other
legal remedies available under the provisions of the Code
of Criminal Procedure.
In the considered opinion of this Court, the
Telangana Charitable and Hindu Religious Institutions
and Endowments Act, 1987, is a complete Code in itself
and it provides for remedy in case of such disputes.
Otherwise also, as the dispute was of civil nature, the
learned Single Judge was certainly justified in disposing
the writ petition with a liberty to approach the
Endowments Department and to take recourse to other
remedies available under the provisions of the Code of
Criminal Procedure.
This Court does not find any reason to interfere
with the order passed by the learned Single Judge.
The writ appeal is accordingly dismissed. The
miscellaneous applications pending, if any, shall stand
closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ
___________________________ N. TUKARAMJI, J 27.12.2021 vs
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