Sri Sudheer Kumar Tiwari vs The State Of Telangana
2025 Latest Caselaw 3912 Tel

Telangana High Court

Sri Sudheer Kumar Tiwari vs The State Of Telangana on 13 June, 2025

     THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
                            AND
           THE HON'BLE SMT. JUSTICE RENUKA YARA

                     WRIT APPEAL No.580 of 2025

JUDGMENT (Per the Hon'ble the Acting Chief Justice Sujoy Paul):

Sri Ashok Anand Kumar, learned Senior Counsel

represents Sri N. Gangadhar, learned counsel for the appellant

and Sri Bhukya Mangilal Naik, learned Government Pleader for

Endowments, for the respondents.

2. Heard on admission.

3. Learned Senior Counsel for the appellant submits that

although there exists an alternative remedy before the

Endowments Tribunal, in the facts of the present case, the writ

Court was not justified in relegating the appellant to avail the

alternative remedy. To bolster this submission, it is submitted

that the Abstract of Endowment (Muntakhab Kitabul Waqf) (page

No.90) does not reflect the boundaries and in this backdrop,

even as per this document, it cannot be said that the document

covers the property of the appellant.

4. The other side opposed the prayer and supported the

impugned order dated 17.03.2025 passed by the learned Single

Judge.

5. The existence of statutory alternative remedy is not in

dispute. The Endowments Tribunal is a specialized Tribunal and

is best suited to examine the location and existence of property

etc. The question of boundaries and other factual aspects can

also be gone into by the Endowments Tribunal. In this

backdrop, in our view, learned Single Judge has taken a

plausible view which does not warrant interference in intra-court

appeal.

6. Accordingly, this Writ Appeal fails and is hereby

dismissed. However, liberty is reserved to the appellant to

approach the Endowments Tribunal. No costs.

Interlocutory applications, if any pending, shall also

stand closed.

___________________ SUJOY PAUL, ACJ

____________________ RENUKA YARA, J

Date: 13.06.2025 Myk/tsr

THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL

AND

THE HON'BLE SMT. JUSTICE RENUKA YARA

(Per the Hon'ble the Acting Chief Justice Sujoy Paul)

Date: 13.06.2025

Myk/tsr