Sri Jaganadha Swami Uday Bhan ... vs The State Of Telangana And 4 Others
2021 Latest Caselaw 2159 Tel

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.

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