Telangana HC bars razing of houses on land claimed by temple

The petitioners had stated that they were willing to pay charges for residing in the properties until the matter is finally decided.
Telangana High Court
Telangana High CourtPhoto | Express
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HYDERABAD: The Telangana High Court on Tuesday directed the Endowments department not to demolish houses constructed in Survey No. 110 at Saidabad, Hyderabad, which is claimed to be land belonging to Sri Bansuri Krishna Mandir, until the court finally decides the dispute.

Justice N Rajeshwara Rao passed the interim order while hearing 11 writ petitions filed challenging the orders of the Endowments Tribunal declaring that more than two acres of land in Survey No. 110, Saidabad, worth crores, belongs to the temple.

However, the court rejected the plea of the petitioners seeking permission to re-enter the houses. The petitioners had stated that they were willing to pay charges for residing in the properties until the matter is finally decided.

Counsel for the petitioners submitted that the plots were purchased in 2006 and that the petitioners subsequently constructed houses on the land and have been paying property tax. It was also argued that an Occupancy Rights Certificate (ORC) had been issued in 1992 to the inamdar by the Revenue Divisional Officer and that the petitioners had purchased the plots based on that certificate.

The petitioners further contended that although appeals were filed later, they were not issued any notice. They alleged that their household articles were removed and the houses were locked without giving them an opportunity to be heard.

On the other hand, counsel for the Endowments department submitted that the RDO had conducted a detailed inquiry based on the orders of the Joint Collector and issued an ORC in favour of the Endowments department in 2013. It was argued that the land belongs to the temple and that the petitioners had encroached upon it. The department also contended that favourable orders had been passed in earlier proceedings before various courts.

After hearing both sides, the judge refused to allow the petitioners to re-enter the houses and dismissed the interim applications to that extent. However, the court directed the authorities not to demolish the houses constructed on the disputed land until the writ petitions are finally decided.

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