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
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
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:
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
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
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