Citation : 2022 Latest Caselaw 103 Tel
Judgement Date : 7 January, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
W.A.No.8 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of an order dated
27.07.2021
passed by the learned Single Judge in W.P.No.2050 of
2020.
The undisputed facts of the case reveal that there was a
dispute in respect of auction of a temple property and the
contention of the appellant is that her property has wrongly been
included in the endowment property.
In case the appellant's contention is that her property is not
part of endowments, the remedy lies under Section 87 of the
Telangana Charitable and Hindu Religious Institutions and
Endowments Act, 1987. This Court cannot in a civil dispute,
where there are claims and counter claims in respect of a property,
decide the issue in exercise of writ jurisdiction under Article 226 of
the Constitution of India/Clause 15 of the Letters Patent.
Therefore, the present writ appeal stands disposed of with a
liberty to the appellant take recourse to other remedies available
under civil law.
Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
________________________ SATISH CHANDRA SHARMA, CJ
_______________________ ABHINAND KUMAR SHAVILI, J
07.01.2022 JSU
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