Mohammad Abdul Gouse and 15 Others vs The State of Telangana and Another

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 31976 oF 2022 Between: 1.

Mohammad Abdul Gouse, S/o.

Mohammad Abdul Nabi, Age 42 Years, Occ; Driver, Rl/o.

H.No.7-935, Bangarigadda, Miryalaguda, Nalgonda District, Telangana State.

2.

Mohammad Jameela Begum, Wo.

Mohammad Abdul Nabi, Age 58 Years, Occ ; Housewife, R/o.

3.

Mohammad Abdul Kareem, S/o.

Mohammad Abdul Nabi, Age 49 Years, Occ; Driver, Rio.

4.

Mohammad Zareena Begum, Wo.

Mohammad Riyaz Khan, Age 35 Years, Occ ; Housewife, R/o.

H.No.7-1321 , Bangarigadda, Miryalaguda, Nalgonda District, Telangana State.

5.

Mohammad Rasheeda Begum, Wo.

Mohammad Haji, Age 32 Years, Occ; Housewife, R/o.

6.

Mohammad Khamunnisa Begum, Wo.

Mohammad Abdul Azeez, Age 68 Years, Occ ; Housewife, R/o.

H.No.18-1391, Ashoknagar, Miryalaguda, Nalgonda District, Telangana State.

7.

Mohammad Khadeer, S/o.

Mohammad Abdul Azeez, Age 48 Years, Occ ; Business, R/o.

H.No.'lB-1391, Ashoknagar, Miryalaguda, Nalgonda District, Telangana State.

8.

Shaik Razia Begum, Wo.

Shaik Sharfuddin, Age 54 Years, Occ , Housewife, R/o.

H.No.7-1 138/3, Bangarigadda, Miryalaguda, Nalgonda District, Telangana State.

9.

Mohammad Abdul Rasheed, S/o.

Mohammad Abdul Azeez, Age 51 Years, Occ ; Govt.

Employee, Rl/o.

H.No.4-11-340/2, Chaitanyapuri Colony, D.V.K.

Road, Nalgonda, Nalgonda District, Telangana State. l0.Mohammad Shameem, Wo.

Mohammad Shjeed, Age 48 Years, Occ ; Housewife, R/o.

H.No.C48, Koti Naik Thanda, Suryapet, Suryapet District, Telangana State.

11.

Mohammad Fathima Firdous, Wo.

Mohammad Haleem, Age 48 Years, Occ ; Housewife, R/o.

H.No.

R/o.

H.No.1B-1394, Ashok Nagar, Miryalaguda, Nalgonda District, Telangana State.

12.

M:hamnracl Faheem, Wo.

Mohammad Shakeel, Age 44 Years, Occ , Hous,:wrfe, R/o.

H.No.4-157, Khasimpura, Devarakonda, Nalgonda District, Terlangarra State.

13.

Moha'nmad Naseem Begum, Wo.

Mohammad Phasiuddin, Age 40 Years, Occ ; Housewife, R/o.

H.No.6-75/'1, Jam Maseed, Devarakonda, Nalgonda Di:;tric t, Telangana State.

14.Moharnmad Abdul Raheem, S/o.

Mohammad Rajak, Age 52 Years, Occ ; Business, Rio.

H.No.8-25, Ambdekar Colony, Huzur Nagar, Nalgonda, Nalgorrda District, Telangana State. l5.Mcharnmad Shameem, Wo.

Mohammad Abdul Mazid, Age 48 Years, Occ; Housewife, R/o.

Plot No.262, J.B.

Colony, Saroor Nagar, K.V.

Ranga Reddy Distric:, Telangana State.

16.

Mohammad Sabera Begum, Wo.

Mohammad Shamuddin, Age 60 Years, Oc,; ; Housewife, R/o.

H.No.21-147, Kundala Bazar, Miryalaguda, Nalgonda Districl, Telangana State. ...PETITIONERS AND '1 .

The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad.

The Miryalaguda Municipality, Rep. by its Commissioner, O/o.

Municipal Office, Miryalaguda Town, Nalgonda District, Telangana State.

The District Collector, Nalgonda District, At Nalgonda, Telangana State., Tela ngana State.

The Revenue Divisional Officer, Miryalaguda Division, Nalgonda District, Telangana State, Telangana State.

Thahasrldar, Miryalaguda Mandal Office, Nalgonda District, Telangana State, Telangana State.

The Mandal Surveyor, Miryalaguda Mandal Office, Nalgonda District, Telangana State., Telangana State. (RR 3 to 6 are impleaded as per Court Order dated 17-8-2022 in l.A.No.2 of 2022) ...RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstanc,es stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus By declaring the action of the 2nd r the 2nd respondent in trying to disposes thr: petitioners from their land an extent of Ac.6.17 gnts in Survey No.

87212, silua'.ed at Miryalaguda Town, Nalgonda District, Telangana State, without following du,: process of law for the purpose of construction of INTEGRATED VEG AND NON-\/ECi Iv{ARKET as illegal and arbitrary, un constitutional, against the land acquisition laws and principle of Natural Justice and consequently to direct the 2nd respondent not to disposes the petitioners from their land an extent of Ac.6.'17 gntr; in Survey No.

87212, situaled at Miryalaguda Town, Nalgonda District, Telangana State, without following due process of law for the purpose of construction of INTEGRATED VEG AND NON-VEG MARKET Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit flled in support of the petition, the High Court may be pleased to direct the 2nd respondent not to disposes the petitioners from their land an extent of Ac.6.17 gnts in Survey No.

87212, situated at Miryalaguda Town, Nalgonda District, Telangana State, without following due process of law for the purpose of construction of "INTEGRATED VEG & NON-VEG MARKET', forthwith pending disposal of writ petition.

Counsel for the Petitioners : SRI.P.PRATAP Counsel for the Respondent No.1 : GP FOR MCPL ADMN AND URBAN DEV Counsel for the Respondent No.2 : SRI.N.PRAVEEN KUMAR (SC FOR MC TELANGANA) Counsel for the lmplead Respondent Nos.3 to 6 : G.P FOR REVENUE The Court made the following ORDER |.A.NO:1 OF 2022 I I I I l( )N' IIL [- SN{1-.

JtJS'l'lCE t,ALITHA l( ;\ N N ECAN'I-l oRDr,l lt: l-hi:; u'rit petition is flled seeking the follor,"'ing relie{- ' ... to issue a Writ, Order or direction; more particularly one in the rature of Writ of Mandamus By declaring the action of the 2"d resp,)ndent in trying to disposes the petitioners from their land an exterrt rrf Ac.6.17 gnts in Survey No.

Survey No.B72/2, situated at Miryalaguda Town, lr alg rnrla District, Telangana State, without following due process of law frrr the purpose of construction of "INTEGRATED VEG AND NON-VEG IIIARKE'I' as illegal and arbitrary, un constitutional, against the land acquisition laws and principle of Natural Justice and consequently to dire( t tlre 2d respondent not to disposes the petitioners from their land an e\tent of Ac.6.L7 gnts in Survey No.872/2, situated at Miryalaguda Town, Nalgonda District, Telangana State, without following due process of larv for the purpose of construction of "INTEGRA'IIID VEG AND NON- vEc \4ARKET"..." 2.

Sri l).1'ratap, learned counsel for the petitioners, sublnits that the respontlent Municipality is trying to dispossess the petitioners from tlreir lar.rd to an exterlt of Ac.6.17 gts. in Survey No.87212 situated at Mirayli3urla torvn, Nalgonda District, without folkrwing due process of law, fcr the purpose of construction of 'Integrated veg and non-veg market'.

He submits that in the year 1955, the Revenue Authorities have issr.red pattadar passbooks and title deeds in favour of the petitioners' grandfather in respect of land to an e{tent of Ac.l5.7 gts. and their )rarnes were also mutated in the revenue records.

Thereafter, an extent of Ac.8.30 gts. was acquired for the collstruction of P.W.D.

Carnp at N4iryalguda by paying compensation to the petitioners' grand \YItl'l' PE,'I'l'l'lON No.31976 of 2022 I 2 father and the remaining land of Ac.6. l7 gts. is in the possession of the petitioner's fan-rily and their names were also reflected in the Dharani Portal.

He submits that the 2"d respondent authorities are going to construct 'Integrated veg and non-veg market' in the petitioners latrd without acquiring the same and without any authority.

Sri N.Praveen Kumar, learned Standing Counsel, subrlits that ir-r fact the land to an extent of Ac.0.37 gts., in Survey No.87l and Ac.l.03 gts. in Surwey No.872 was allotted on 30.12. on 30.12.2021 and advarrce possession of the said lands were also given by way of a panchanarna.

According to the leamed Standing Counsel, the above said land was allotted to the 2"d respondent and in that they are establishing integrated veg and non-veg market.

It is not in dispute that part of the land was acquired and remaining land, which is adj acent to the petitioner's land, the Municipality is clairning that it has been allotted to them.

No proceedings are placed before this Court that at the time of handing over the land to the Municipality any survey was conducted and whether the petitioners were put on notice.

It is stated tl-rat later the petitioners have filed W.P.No.3 1964 of 2022 seeking sulvey of the land 3 and this ( ortrt by order dated 10.08.2022 has already directed the respondcnt:; to contluct suley over the land to an extent of Ac.6.l 7 gurltas in Survey No.87212 situated at Miryalguda 'fown, Nalgonda Distrit:t. [,carnecl counsel 1br the petitioners subnrits that ir.r spite of the said orders passed by this Court, so far no survey is conducted and under the guise of tl.rat allotrnent, the Municipality is going ahead with the construction of integrated veg and non-veg market and they have also duml,ed the rnaterial in the said land.

Taking all these aspects into consideration, the interest of justice woulcl be rret if a survey is conducted by the Revenue Authorities.

As already this (lourt in W.P.No.3 1964 of 2022 directcd to conduct survey. the respondents shall complete the survey within 15 days from the date of receipt of rr copy of this order in the presence o1'the Municipality as well as th(r 1)etitioners.

Till such time, the respondent Municipality shall no: make any construction in the said land.

If the petitioners are aggrieved by such survey, it is always open to them to question the same.

With the above direction, this Writ Petition is disposed of.

No 1 ,| To order as to costs. to costs.

Miscellaneous applicatior-rs, pcnding if any, shall stand closed. ^38[i^ilYtEe['ifliil //TRUE COPY/I CI> SECTION OFFICER 1.

The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, State of Telangana at Hyderabad.

The Commissioner, Miryalaguda Municipality, O/o.

The Diskict Collector, Nalgonda District, At Nalgonda, Telangana State., Telangana State.

Thahasildar, Miryalaguda Mandal Office, Nalgonda District, Telangana State, Telangana State.

The Mandal Surveyor, Miryalaguda Mandal Office, Nalgonda District, Telangana State., Telangana State.

Two CCs to GP FOR MCPL ADMN AND URBAN DEV, High Court for the State ofTelangana at Hyderabad. [OUf] 8.

Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] 9.

One CC to SRI.P.PRATAP, Advocate [OPUC] 10.One CC to SRI.N.PRAVEEN KUMAR (SC FOR MC TELANGANA) [OPUC] 11.Two CD Copies 12.

One spare copy s.A.

GJP HIGI-I COURT DATllEt:1 910912022 ORDIEFI WP.ltlo"31976 ot 2022 DISPTCSING OF THE W.P WITHOUT COSTS. s,TA il- ',r? i, tr sE?

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