Gurudwara Saheb Barambala Sikh v. State of Telangana
Court: High Court for State of Telangana
Bench: N.TUKARAMJI
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-01-29. Gurudwara Saheb Barambala Sikh v. State of Telangana. Read the judgment and case details on...
Judgment text
l I 13217 | IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE N. TUKARAMJI WRIT PETITION NO: 44150 OF 2017 Between: Gurudwara Saheb Barambala Sikh, Chauniyat, IVlaharaja Ranjeet Singh Nagar, Attapur Village- Ranga Reddy District, Hyderabad 500 064 rep. 6y its presidenisri S Sukhdev Singh, S/o. Sri Harban Singh, Aged 4'1 years, R/o4-9-167, Sikh Chauniyat Attapur, Hyderabad, Ranga Reddy Disirict. ..... PETITIONER AND 1. State of Telangana, Represented by its Principal Secretary, Revenue, Secretariat, Hyderabad. 2. The Collector, Ranga Reddy District, Government of Telangana Lakdika pool, Hyderabad. 3.. Revenue Divisional Officer, Rajendranagar, Ranga Reddy District. 4. Tahsildar, Ralendranagar, Ranga Reddy Dtstrict. 5. The Commissioner, Endowments Department, Tilak road, Bogulkunta Government of Telangana Hyderabad. 6.
Deputy Commissioner, Endowments, Department, Tilak road, Bogulkunta Government of Telangana Hyderabad. 7. Assistant Commissioner, Endowments Department, Tilak road, Bogulkunta Government of Telangana Hyderabad. 8. Sri Seetaramachandra Swamy Temple, Attapur Village, Ranga Reddy Diskict Hyderabad represented by the Executive Officer. ..... RESPONDENTS Petition Under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to rssue a Writ Order or Direction in the nature of l/landamus or otherwise declaring the action of the Official Respondents especially the 7th and 8th Respondents herein in interfering with the peaceful posse; ;ion of the Petitioner itr Sy. No. 354/1 to 4 admeasuring 6040 sq.
yards situat: I at Attapur Village, Rajendranagar Mandai, Ranga Reddy District as bad, illeg: , opposed to principles of natural justice and consequently declare the same as ron est and direct the Officials Respondents to finalise and complete the issr r of allotment within a period fo 3 months from the date of receipt of this order. l. A. NO:1 OF 2017 (WPMP. NO:54736 OF 2017l. Petition Under Section 151 CPC praying that in the r rrcumstances stated in the affidavit filed rn support of the petition, the High Court rr ay be pleased to direct the official respondents or anybody/agents on their behalf r rt to interfere with land in possession of the Gurudwara in an extent of 6040 sc. ,ards either by way of constructing a compound wall or otherwise where Guru lwara was located in Sy. No. 354/1 to 35414 of Attapur Village, Rajendranagar /andal, Ranga Reddy District, presently holy flag i. e. , Nishan Saheb is in exister r e in open land of 6040 sq.
yards, and to remove the board put up by Endowmer Department, pending disposal of this writ petition. l. A. NQ:2 OF 2017 (WPMP. NO:54737 OF 2017l. Petition Under Section 151 CPC praying that in the r rrcumstances stated in the affidavit filed in support of the petitlon, the High Court rr ay be pleased to issue directions to the first respondent to finalise the regularisat r n of the land in favour of the Gurudwara, Educational lnstitutions, play Grc r nd, Houses of Sikh Community in Sikh Chaunit, Attapur Rajendranagar ltilandit Ranga Reddy District within a period of 3 months from the date of receipt of this n >tice. l. A. NO:1 OF 2018 Between: '1 , The Commissioner, Endowments Department, Tilak n: rd, Bogulkunta Government of Telangana Hyderabad. 2. Deputy Commissioner, Endowments, Department, Til: I road, Bogulkunta Government of Telangana Hyderabad. 3. Assistant Commissioner, Endowments Department, Tilak road, Bogulkunta Government of Telangana Hyderabad. ... ,.
PETITIONERS/RESPONDENTS AND 1 Gurudwara Saheb Barambala Sikh, Chauniyat, [Vlaharaja Ranjeet Singh Nagar. Attapur Village, Ranga Reddy District, Hyderabad 500 064 rep by its Pre-sident Sri S Sukhdev Srngh, S/o Sri Harban Singh, Aged 41 years, R/o. 4- 9-167, Sikh Chauniyat Attapui, Hyderabad, Ranga Reddy District. ..... RESPONDENT/PETITIONER 2. The State of Telangana, Represented by its Principal Secretary, Revenue, Secretariat, Hyderabad. 3. The Collector, Ranga Reddy District. Government of Telangana Lakdika pool, Hyderabad. 4. The Revenue Divisional Officer, Rajendranagar, Ranga Reddy District' 5. The Tahsildar, Rajendranagar, Ranga Reddy Drstrict 6 Sri Seetaramachandra Swamy Tempie, Attapur Village, Ranga Reddy District Hyderabad represented by the Executive Officer. (RespondenURespondent No. 2 to 6 are not necessary parties in this petition) .....
RESPONDENTS/RESPONDENTS Petition Under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the interim order passed on d1. 22. 12. 2O17 in WPMP. No. 547 36 ol 2017 in W. P No. 44150 of 2017 and dismrss the writ petition with exemplary cost Counsel for the Petitioners : SRI T. S. PRAVEEN KUMAR Counsel for the Respondent Nos. 1 to 4 : GP FOR REVENUE Counsel for the Respondent Nos. S to 8 : Ms. B. N. SHAILAJA, AGP FOR ENDOWMENTS The Court made the following ORDER / IN THE HIGH COURT FOR THE STATE OF TELANGANIT AT HYDERABAD <r THE HONOURABLE SRIJUSTICE N. TUKAF AMJI WRIT PETITION No. 214150 OF 2017 DATE;29. 01 . 2026 Between: Gurudwara Saheb Barambala Sikh Chauniyat, Maharaja Ranjeet Singh Nagar, Attapur Vi age Ranga Reddy District. Hyderabad, 500064, Rep by its President, Sri S. Sukhdev Singh ... Petitioner AND The State of Telangana and Others . .
Res pon dents ORDER: This Writ Petition is filed with the following relie I ' .. . fo /ssue a Writ Order or Direction in the nature of ,v tndamus or othetwise declaring the action of the Official I espondents 'ing especially the 7th and 8th Respondents herein in intent the 'ttth peaceful possession of the Petitioner in Sy. Nc. :54/1 to 4 admeasuring 6040 sq. yards situated at Attetr tr Vrllage. Rajendranagar Mandai, Ranga Reddy District as tad, illegal, opposed to principles of natural lustice and conseqL,l ntly declare the same as non ,r esl and direct the Officials Responrie ts to finalize and complete the issue of allotment within a perioo tf 3 months from the date of receipt of this order and be pleased ta , ass.. ..... ' 2. Heard Mr. T. S. Praveen Kumar, learned : )unsel for the petitioner, Ms B. N Shailaja, learned Assistant Gove rnment Pleader for Endowments Department and learned Assis i nt Government Pleader for Revenue 3.
Learned counsel for the petitioner submits that respondents Nos. 7 and 8 are unlaMully interfering with the petitioner,s peaceful possession and enjoyment of the petition schedule property bearing Survey Nos. 354/1 to 35414, admeasuring Ac. 6040 square yards, situated at Attapur Village, Rajendranagar IVlandal, Ranga Reddy District, lt is further contended that despite the petitioner having submitted a detailed representation seeking redressal, the respondent authorities have failed to conclude the proceedings initiated thereon, thereby compelling the petitioner to approach this Court seeking appropriate directions. 4. Learned Assistant Government pleaders appearing for the Endowments Department and the Revenue Department, on the other hand, submit that the allegation levelled against respondents Nos. 7 and 8, namely that they are interfering with the petitioner,s possession without any laMul authority, is wholly unfounded and unsupported by material evidence.
lt is further contended that the documents placed on record do not substantiate the petitioner,s claim of interference. He also submit that the petitioner,s representation has already been taken note of by the competent authority, internal correspondence has been initiated, and the same is under active consideration, pursuant to which appropriate orders will be passed in accordance with law. \ J 5. I have perused the pleadings and the materr al placed on record 6. The principal grievance of the petitioner is th; t respondents jir itification' are Nos. 7 and 8, without any tenable or lawful possession of the s-:ject property' interfering with the petitioner's The categorical stand of the respondents, however, i; that there was nooccasionforthemtointerferewiththepetitionersl::ssession. THavingregardtotheserivalsubmissions,itisi,ellsettledthat evenStateauthoritiesandpublicofficialsareboundtl.
theruleoflaw and cannot interfere with a person's settled posses;ion except by following due process of law lnterference with posst> ;sion othenivise than in accordance with law would be violative rl Constitutional rights, which mandates that no person shall be r eprived of his property SaVe by authority of law. Further, administr. rtive authorities are required to act within the four corners of their s atutory powers and cannot resort to extra-legal measures, p: licularly when proceedings are admittedly pending consideration B.
lnviewoftheaforesaidcircumstances,andleepinginmind the role, responsibility, and limitations of the offic al respondents while conducting statutory proceedings, responderl; Nos T and 8 are directed to refrain from interfering with the peer eful possession I and enjoyment of the petitioner over the petition si) tedule property' save and except strictly in accordance with law and by following due process I Further, considering the speciflc submission of the petitioner that a representation was made as far back as the year 2012, pursuant to which internal correspondence has admittedly taken place within the Revenue Department, but no final order has been passed till date, this Court is of the considered view that such inordinate delay defeats the very purpose of administrative adjudication. lt is trite law that representations made by citizens are required to be considered and disposed of within a reasonable time, failing which such inaction becomes arbitrary and unsustainable' 10.
Accordingly, respondent No. 2 is directed to prioritize the petitioner's representation and pass a reasoned and spbaking order' strrctly in accordance with law, as expeditiously as possible' prefarably within a period of three (03) months from the date of receipt of a copy of this order- 11-Withtheabovedirection,thisWritPetitionisdisposedof. There shall be no order as to costs [/liscellaneous Petitions, pending if any, shall stand Plosed I' SD/. MOHD. ISMAIL I i D PUTY REGIS //TRUE COPY// CTION OFFICER To Revenue, Secretariat, State elangana at 1. The Principal Secretary, \f Hvderabad. District Government of Telangana Lakdika Pool, 2 ilie Collector, Ranga Reddy Hyderabad. w I I i J The Revenue Divisional Officer, Rajendranagar, Ranl r Reddy District. 4 The I ahsildar Ralendranagar, Ranga Reddi Distrrct' rne Uommrssroner, Endowments Department, Tilak rc ad, Bogulkunta Government of Telangana Hyderabab. 6 Endowments Departmenl Titak road. Bogutkunta IT. 9:t{y.
C:mmiss'ioner, Ljovernmenl ol I elangana Hyderabad. 7. The Assistant Commrisioner, Endowments Departmr,. t. Tilak road, Bogulkunta Government of Telangana Hyderatiad. 8 The Executive Officer, Sri Seetarimachandra Swanrl, temple, Attapur Village Ranga Reddy District Hyderabad. 9 Two CCs to GP FOR'ENDOWMiENIS, High Court fo. he State of Tetangana at Hyderabad [OUT] 10 Two CCs to Gp FOR REVENUE High Court for the Ii ate of Telangana at Hyderabad [OUT] 11 One CC to SRI T. S PRAVEEN KUMAR, Advocate IOF UC] 12 Two CD Copies SA BS \ 1- )\ry t t HIGH COURT I DATED:2910112026 S14 ( f o g 0 ttB ? ,tiz[ ,. - I o Ig5-;-o'' ORDER WP. No. 44150 ot 2017 DISPOSING OF THE W. P WITHOUT COSTS. J<r l6 . ^l-lu
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