Dismissed

Mirza Taimur Baig (Najam) v. The State of Telangana

Telangana HC16 Sept 2020WP/12727/2020

Case brief

AI extract

What is this about?

Members of the public withdrew a writ petition under Article 226 and Section 151 CPC seeking direction to register a criminal case for alleged cheating and trespassing regarding a development agreement, with liberty to file a fresh petition.

What did the court decide?

Liberty granted to file fresh writ petition with different prayer; current petition dismissed as withdrawn.

Mirza Taimur Baig (Najam) Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2020)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

(Special Original Jurisdiction)

¶3

WEDNESDAY, THE SIXTEENTH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY

¶4

PRESENT

¶5

THE HON'BLE SRI JUSTICE P. NAVEEN RAO

¶6

WRIT PETITION NO: 12727 OF 2020

¶7

Between:

¶8

l{tirza Taimur Balg (Najam), S/o Mirza Zalarullah Baig Aged about 47 years, R/o H. No. 11-4-62412, Mirza Sayeeda Plaza, A.C. Guard Road, Khairtabad, Hyderabad.

¶9

ltAirza Adil Baig, S/o lVlirza Zafarullah Baig Aged about 35 years, R/o H. No. 9-4137131C, Seven Tomb Road, Tolichowki, Golconda, Hyderabad.

¶10

[/irza Faisal Baig, S/o Mirza ltloazzam Baig Aged about 45 years, Occ Doctor, R/o Flat No. D-4, Sukhmani Apartments, Lakdikapul, Khairtabad, Hyderabad.

¶11

lVr. Amjad Ali, S/o Mr. Maqsood Ali, Aged about 63 years, Occ Private employee, R/o H. No. 11-5-335/501, Red Hills, Nampally, Hyderabad.

¶12

Mr. Habeeb Hamed Bafaqi, S/o Habeeb Ahmad Bafaqi Aged about 48 years, Occ Pvt employee, R!/o Flat No. 206, Kanchenjunga Apartment, Gunfoundry, Hyderabad.

¶13

lr/ r. Ahmed lvlohiuddin, S/o late lr,4 r. Mohammed Raheemuddin Aged about 74 years, Occ Retd, R7o H.No. 10-3-28812lA18126 Humayun Nagar, S.B. Colony, Asif Nagar, Hyderabad.

¶14

[ilr. rlohammed lVoizuddin, S/o Mohammed Sirajuddin Aged about 40 years, Occ Pvt employee, R/o H. No. 11-4-282, A.C. Guard, Bazar Guard, Hyderabad.

¶15

B. Shaik Saba Rizwan, W/o Rizwan Humayun Shaik Aged about 33 years, Occ housewife, R/o Flat No. 501, Khursheed Towers, Red Hills, Hyderabad.

¶16

lr4rs. Shaheen Yousuf, W/o late [,4ohammed Yousuf Aged about 59 years, Occ housewife, R/o H. No. 3-6-780123, Street No.^'14, Humayun Nagar, Hyderabad.

¶17

l,4ohammed Hameedullah Khan, S/o late Mohammed Munnawar Khan, aged about 59 years, Occ Private employee, R/o H. No. 11-4-615, G2,^'1st floor, Ivlythri Apartments' Hyderabad

¶18

...pETrroNERS

¶19

AND

¶20

The State of Telangana, Reptd by its Principal Secretary, Home Department, Secretariat, Hyderabad.

¶21

The Deputy Commissioner of Police,, Central Zone, Hyderabad.

¶22

The Asst Commissioner of Police,, Saifabad, Khairtabad, Hyderabad.

¶23

The Station House Officer, P.S. Saifabad, Hyderabad. 5. Firasat Hussain, S/o Mr. Qauder Hussain, Aged about 33 years, Occ Business, R/o H. No. 6-2-1, Lakdikapul, Hyderabad.

¶24

,RESPONDENTS

¶25

Petltion under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Courl may be pleased to^jssue a Writ of [Vlandamus or any other appropriate writ, order declanng the acts of the official respondents in not registering appropriate criminal case against the unofficial respondent for his cheating and causing wrongful loss to the petitioners by not complying the registered Development Agreement of construction dated 29-0s2018 vide Doc. No.DGPA1225512018 forthe land extent g51 Sq. yards belonging to Quader Hussain, Firasat Hussain in respect of construction site No.6-1-1-1/1, 46, Situated at Lakdikapul, Hyderabad, as illegal, arbitrary and in violation of Articles 14,21 and 300-A of the constitution of lndia consequently direct the official respondents to register a criminal case for their cheating, trespassing, threatening, causing damage to the property in violation of the terms and conditions of the doc.

¶26

No. DGPA/2255/2018 executed for the land extenl 951 Sq. Yards belonging to Quader Hussain, Firasat Hussain bearing construction Site No.6-1-1-1/1 , ,46, Situated at Lakdika pul, Hyderabad, in the interest of^justice

¶27

lA NO: 1 OF 2020

¶28

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 direct the official respondents to register a criminal case under for their cheating, trespassing, threatening, causing damage to the property in violation of the terms and conditions of the Doc. No. DGPA/225512018 executed for the land extent 95'1 sq yards belonging to Quader Hussain, Firasat Hussain bearing construction site No.6-1-'1-1/1 , A6, situated at Lakdikapul, Hyderabad, in the interest of^justice

¶29

Counsel for the Petitioners: SRI KATIKA RAVINDER REDDY FOR SRI HABEEB ABUBAKAR ALHAMED

¶30

Counsel for Respondent Nos. 1 to 4: AGP FOR HOME

¶31

Counsel for Respondent No. 5: ---

¶32

The Court made the following: ORDER

¶33

¶34

HONOURABLE SRI JUSTICE P.NAVEEN RAO

¶35

WRIT PETITION N0.12727 of 2O2O

¶36

ORDER:

¶37

Learned counsel for the petitioners seeks to withdraw the writ petition with liberty to file fresh writ petition with different prayer than the prayer sought in the present writ petition.

¶38

Granting the liberty as prayed for, the Writ Petition is dismissed as withdrawn. Pending miscellaneous petitions, if any, shall stand closed.

¶39

SD/.CH.VENKATESW ULU ASSISTANT R RAR

//TRUE COPY//

SEC FICER

To,

One CC to Sri Habeeb Abubakar Ahmed Advocate [OPUC] 2. Two CCs to GP for Home, High Court for the State of Telangana (OUT) J. Two CD Copies

il/BC

.,.rY

HIGH COURT

DATED: 1610912020

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¶50

ORDER

¶51

WP.No.12727 of 2020

¶52

DISMISSING^{THE WRIT PETITION AS}

¶53

WITHDRAWN,^WITHOUTCOSTS

¶54

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Mirza Taimur Baig (Najam) v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mirza Taimur Baig (Najam) v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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