Telangana High Court
M.A. Garden Function Hall vs State Of Telangana on 12 September, 2025
Author: K. Lakshman
Bench: K. Lakshman
THE HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION Nos.27715 and 27718 of 2025
COMMON ORDER:
Heard Mr.Sunil B Ganu, learned Senior Counsel
representing Mrs.Manjiri S Ganu, learned counsel for the
petitioners and Mr.L.Ravinder, learned Assistant Government
Pleader for Revenue.
2. W.P.No.27715 of 2025 is filed challenging the action of the
respondents in trying to dispossess the petitioner from part of
premises bearing No.3-6-292 admeasuring 641 square yards,
situated at Hyderguda, Himayathnagar, Hyderabad, without
following the due procedure laid down under law, as illegal.
3. W.P.No.27718 of 2025 is filed challenging the action of the
respondents in trying to dispossess the petitioners from M.A.
Garden Function Hall, being part of premises bearing No.3-6-292
admeasuring 5000 square yards, Hyderguda, Himayathnagar,
Hyderabad and locking the said portion of the said premises,
without following the due procedure laid down under law, as
illegal.
4. Petitioner in W.P.No.27715 of 2025 is claiming that he has
obtained part of premises bearing No.3-6-292 admeasuring 641
square yards, situated at Himayathnagar, Hyderabad, on lease in
the year 1988 from M/s.Kishan Chand Foundation Trust under a
registered lease deed bearing document No.1761 of 2022, dated
15.06.2022.
5. Petitioner Nos.2 and 3 in W.P.No.27718 of 2025 are
claiming that they have obtained part of premises bearing No.3-6-
292 admeasuring 5000 square yards, situated at Himayathnagar,
Hyderabad, on lease from M/s.Kishan Chand Foundation Trust
in the year 2011 and it was extended under a registered lease deed
bearing document No.1760 of 2022, dated 15.06.2022. They are
running M.A.Garden Function Hall from the year 2011 onwards.
6. Perusal of the record would reveal that M/s.Kishan Chand
Foundation Trust, represented by its Chairman, Mr.Mahesh
Chand has filed a writ petition vide W.P.No.23001 of 2004
challenging the order dated 20.11.2004 of respondent No.4
passed under Section 6 of the Telangana Land Encroachment Act,
1905 and tried to dispossess the petitioner therein from the
subject property i.e., premises bearing No.3-6-292, admeasuring
5641 square yards, situated at Himayathnagar, Hyderabad. Vide
order dated 26.04.2005, this Court allowed the said writ petition
and set aside the order dated 20.11.2004 passed by respondent
No.4.
7. Aggrieved by the said order, respondent Nos.2 to 4 have
preferred an intra - court appeal under clause 15 of the Letters
Patent vide W.A.No.1243 of 2005. Vide Judgment dated
07.09.2022, the Division Bench of this Court allowed the writ
appeal setting aside the order dated 26.04.2005 passed by the
learned Single Judge. M/s.Kishan Chand Foundation Trust has
carried the matter to the Hon'ble Supreme Court vide Special
Leave to Appeal (c) No.16769 of 2022. After arguing for
sometime, the said Trust sought permission of the Hon'ble
Supreme Court to withdraw the said SLP with a liberty to file a
fresh suit. Vide order dated 09.09.2025, the Hon'ble Supreme
Court permitted the said Trust to withdraw the said SLP granting
liberty to avail remedies by preferring a fresh suit.
8. According to Mr.Sunil B Ganu, learned Senior Counsel
appearing for the petitioners, lessees of the subject property, the
aforesaid Trust, lessor of the petitioners, is going to file a suit
within ten (10) days from today. He seeks protection to the
subject property for a period of ten (10) days contending that
petitioners in W.P.No.27718 of 2025 are running M.A.Garden
Function Hall from the year 2011 onwards and there are
bookings. In proof of the same, petitioners filed receipts. It is also
the specific allegation of the petitioners that respondent No.4
tried to evict the petitioners yesterday i.e., on 11.09.2025 at 01.00
P.M. and locked the premises bearing No.3-6-292 admeasuring
5000 square yards, Himayathnagar, Hyderabad, i.e., M.A.Garden
Function Hall.
9. In the light of the said submissions and considering the
aforesaid facts, these Writ Petitions are disposed of granting
liberty to M/s.Kishan Chand Foundation Trust, lessor of the
petitioners, to file a fresh suit as per the liberty granted by the
Hon'ble Supreme Court, within ten (10) days from today. Till
then, respondent Nos.2 to 4 are directed not to dispossess the
petitioners from the subject property i.e., premises bearing No.3-
6-292 admeasuring 5641 square yards, Himayathnagar,
Hyderabad and respondent No.4 is also directed to unlock
M.A.Garden Function Hall running in the premises bearing No.3-
6-292 admeasuring 5000 square yards, Himayathnagar,
Hyderabad, forthwith. Liberty is also granted to the said Trust to
seek an interim order from the trial Court in the said suit within
the aforesaid period of ten (10) days. However, it is made clear
that if the aforesaid Trust, lessor of the petitioners, failed to file
the suit and obtain interim order within the aforesaid said period
of ten (10) days, liberty is granted to respondent Nos.2 to 4 to
take action against the petitioners in accordance with law. There
shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ
Petition, shall stand closed.
__________________
K. LAKSHMAN, J
12th SEPTEMBER, 2025
Note: Issue CC today.
B/o
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