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CDJ 2026 TSHC 179 print Preview print print
Court : High Court for the State of Telangana
Case No : Writ Petition No. 10529 of 2026
Judges: THE HONOURABLE MR. JUSTICE ANIL KUMAR JUKANTI
Parties : Imam Unnisa Versus The State of Telangana, Rep. by its principal Secretary, Hyderabad & Others
Appearing Advocates : For the Petitioner: Tokalwar Jyoti Devi, Advocate. For the Respondents: Government Pleader for Endowments.
Date of Judgment : 08-04-2026
Head Note :-
Andhra Pradesh Charitable & Hindu Religious Institutions & Endowments Act, 1987 - Section 80 -
Judgment :-

1. This writ petition is filed with the following prayer:

               “…pleased to issue a Writ, Order or direction more particularly in the nature of Writ of Mandamus declaring the action of Respondent No.2 in not disposing off the application dt. 13-01-2026 filed by the petitioners, as being illegal, arbitrary violative of articles14 and 21 of the Consitutional of India and consequently direct the Respondent No.2 to dispose of the application dt. 13-01-2026 by issuing NOC in respect of the properties i.e., open Plot No.315 & 316 Adm. 149.00 Sq.yards or equivalent 124.56 Sq.meters and in Plot No.314 Adm. 110.00 Sq. yards or equivalent 92.80 Sq. meters in Sy.No.142, situated at: Wadi-e-Bin Ali, Balapur Village, Saroornagar Mandal, R.R. District and pass …”

2. Heard Ms. T.Jyothi Deva Reddy, learned counsel for petitioners, learned Government Pleader for Endowments for respondent Nos.1 & 2 and Ms. Dara Haritha Kiran, learned Assistant Government Pleader for Revenue and Stamps & Registration for respondent Nos.3 to 5.

3. Petitioner No.1 claims to be sole and absolute owner of Plot Nos.315 & 316 in Sy.No.142, admeasuring 149.00 Sq. yards situated at Wadi-e-Bin Ali, Balapur Village, Saroornagar Mandal, Ranga Reddy District. It is further claimed that petitioner No.1 has purchased the said property by an unregistered Absolute Agreement of Sale dated 28.07.2007 (Ex.P1, Page No.15).

4. That petitioner No.2 is the owner and possessor of Plot No.314 in Sy.No.142 admeasuring 110.00 Sq. yards situated at the same above address. That petitioner No.2 purchased the property under an unregistered Absolute Agreement of Sale dated 28.07.2007 (Ex.P2, Page No.21). It is the case of petitioners that they got Agreement of Sales validated on 28.01.2019 under Section 42 of Act II of 1898. That petitioners intended to gift the said properties in favour of petitioner No.3 and a Gift Settlement Deed was presented before respondent No.5. It is further alleged that due to inaction of respondent No.5, a writ petition bearing No.13561 of 2025 was filed before this Court and that this Court, by an order dated 01.05.2025, directed the respondent authorities to receive and register the sale deeds presented by petitioners. That a contempt case was filed by petitioners against respondent No.5 and it was subsequently withdrawn by them. It is further case of petitioners that when petitioners personally appeared before respondent No.5, it was orally stated that the said survey number is under Endowments Department and they were requested to get an NOC from the Endowments Department.

5. Learned counsel for petitioners submitted that pursuant to the oral instructions of respondent No.5, petitioners have approached respondent No.2 by filing an application dated 13.01.2026 (Ex.P7), that they are in continuous and peaceful possession in the said plots and NOC be granted. It is the specific contention of petitioners’ counsel that respondent No.2 has failed to take any action on the said application. Hence, the writ petition.

6. On the other hand, learned counsel for respondents has submitted that Plots in Sy.Nos.314, 315 and 316 admeasuring 110.00 sq.yards (Sy.No.314) and 149.00 Sq. yards (Plot Nos.315 & 316) are the properties of Endowments Department and that petitioners are in unauthorized occupation of the said properties. Learned counsel has invited the attention of this Court to Section 80 of Andhra Pradesh Charitable And Hindu Religious Institutions And Endowments Act, 1987 (for short ‘the Act’) and submitted that any gift, sale, exchange or mortgage of any immovable property belonging to the Endowment shall be null and void unless the said transaction is with the prior sanction of the Commissioner.

7. Heard learned counsels, perused the record and considered the submissions.

8. It is the case of petitioners that they purchased the property by way of Absolute Agreement of Sales and got Agreement of Sales validated, these facts are not in dispute. The dispute is only with regard to the claim of the property in Sy.Nos.314, 315 & 316. Petitioners claim that they are bona fide purchasers of said properties.

9. Writ petition bearing No.13561 of 2025 was filed earlier and a direction was issued by this Court in the writ petition. The relevant portion of the order of W.P.No.13561 of 2025, is as follows:

               “In view of the order passed in W.P.No.16310 of 2019 and batch dated 11.01.2023 and also the Judgment of the Hon’ble Supreme Court in K. Gopi’s case (supra 1) and for the reasons mentioned therein, the Writ Petition is disposed of directing the respondent authorities to receive and register the sale deed presented by the petitioners in respect of the subject plots and subject to condition of the said document complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. There shall be no order as to costs.”

10. Contempt Case came to be filed by petitioners and was subsequently withdrawn. Order in contempt case is at Page No.41. Subsequent to the contempt case an application is made and the application is for grant of NOC by the Department in respect of the subject property. Learned counsel for petitioners is seeking indulgence of this Court by way of a direction that the application dated 13.01.2026 be disposed of within a period of four (04) weeks from the receipt of a copy of this order. Needless to state that, if the application is pending before the officer, the same shall be disposed of within a period of four (04) weeks from the date of receipt of a copy of this order.

11. It is observed from the application, which is made at Page No.42 that it is not addressed to the Commissioner of Endowments, it only says Endowments Department, but there is a seal of the Endowments Department. The Office of Commissioner Endowments Department is directed to receive the same from the concerned section and then pass orders accordingly, if not disposed of.

12. With the above observations, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous applications pending, if any, shall stand closed.

 
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