Raikanapeta Mallesham, S/O. ... vs The State Of Telangana Rep By Its
2025 Latest Caselaw 2810 Tel

Telangana High Court

Raikanapeta Mallesham, S/O. ... vs The State Of Telangana Rep By Its on 5 March, 2025

Author: Nagesh Bheemapaka

Bench: Nagesh Bheemapaka

        HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

           WRIT PETITIONS No. 16101 OF 2015

O R D E R:

Petitioners assail the action of the 3rd respondent in

trying to construct wall in their land by issuing tender

notification item 8 in Tender Notice No. 3/2015-16 in R.C.No.

C/504/2015, dated 15.05.2015 published in Andhra Bhoomi

daily newspaper District Edition dated 16.05.2015 by

attempting to encroach their land in Survey No. 1866 near

Bheemeshwaralayam, Vemulawada, Karimnagar District.

2. Ms. B.N. Shailaja, learned Assistant Government

Pleader for Endowments has placed before this Court copy of

judgment in Writ Appeal No. 1425 of 2024 preferred against the

order dated 30.10.2024 in Writ Petition No. 30423 of 2024. The

said Writ Petition was filed questioning the interference of

official respondents therein with the subject property without

issuing notice and without following due process. The learned

Single Judge disposed of the said Writ Petition on the ground

that petitioner raised several disputed questions of fact and the

same cannot be adjudicated in Writ Petition and granted liberty

to them to avail remedy of approaching the Endowments

Tribunal. In the Appeal, the Division Bench affirmed the said

finding of the learned Single Judge. It also observed that it is

settled legal principle that disputed questions of fact cannot be

decided in a summary proceeding under Article 226 of the

Constitution of India as per the judgments of the Hon'ble Apex

Court in Shubhas Jain v. Rajeshwari Shivam 1 and Radha

Krishan Industries v. State of Himachal Pradesh 2.

3. In view of the said judgment, Sri Ponnam Ashok

Goud, learned counsel appearing for Sri Ponnam Mahesh Babu.

learned counsel for petitioners submits that this Writ Petition

may also be disposed of in terms thereof.

4. Recording the submission made, the Writ Petition is

disposed of leaving liberty to petitioners to approach the

Endowments Tribunal for adjudication of their right and

entitlement over the subject property. No costs.

5. Consequently, the miscellaneous Applications, if

any shall stand closed.

-------- ----------------------------- NAGESH BHEEMAPAKA, J

05th March 2025

ksld

2021 SCC Online SC 562

(2021) 6 SCC 771