Dismissed

Khaja Aijazuddin v. The State of Telangana

Telangana HC4 Jan 2022WP(PIL)/16/2019

Case brief

AI extract

What is this about?

The High Court held that following a fire accident, obtaining a NOC under the Telangana Fire Services Act, 1999 became mandatory for Numaish exhibitions. With the State Government having issued relevant orders and the Numaish suspended due to COVID-19, no further orders were required, and the PIL was disposed of.

What did the court decide?

No further orders required; the PIL is disposed of and pending miscellaneous applications are closed.

Khaja Aijazuddin Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND

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THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

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Between:

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WP(PIL) NO: 16 OF 2019

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Khaja. Aijazuddin, Sio Late Khaja tr,4oinuddin, Aged 39 years, Occ. Advocate, Rt/o. Flat No.102, t,4oin BtocK IVy Sptendor Res-idency,' 3_s_Bo7l1lc, Hyderl]uda, Hyderabad-29, Telangana State.

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...PET|T|ONER

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AND

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The State of Telangana, Rep. by its The Chief Secretary, C Block, 3rd Floor,

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^^{Telangana State, Secretarrat, Hyderabad- 500022. Telangana.} 2. The Principal Secretary to Home_, Home Department, A dlock, 5th Floor, Telangana State, Secreta riat. HVdera bad-22. f elanoana.

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The Director General, Telangana State disaster Response and Fire Services, BRK Bhavan, 1st Floor, Tank Bund. Hyd- Telanqana.

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The District Fire Officer, Hyderabad, H.No.5-1-107.1 Opp. Sikh Gurudwar, Gowliguda, Hyderabad District-50001 2

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The President, The Exhibition Society, tr,4ukarramjahi Road, Exhibition Grounds, Hyderabad- Telangana.

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The Director General of Police, Telangana State, Lakdikapool, Hyderabad-T.S.

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The Commissioner, Greater Hyderabdd Municipal Corporbtion, iC Complex Tank Bund Road, Lower Tank Bund, Hyderabad-500063. T.S.

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The Station House officer, Begum Bazar Police Station, Hyderabad.

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The Secretary, Telang-ana State Legal Services Authority Purani Haveli City Civil Court Building Chata Bazar Hyderabad

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10.The Secretary, Telangana State Pollution Control Board lndustrial Area Sanathnagar Hyderabad

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fhe District Collector, Hyderabad District Nampally Station Road Hyderabad 1 2. The Chief Electrical lnspector, Government of Telangana Mint Com:pound Hyderabad

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1 3. The Commissioner of Police, Basheer Bagh Hyderabad

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I 4. Ttle District Magistrate Hyderabad, Namp-tty Station Road Hyderabad (RR 9 to 14 are Suo moto lmpleaded as per Court Order Dated 2710212019 in wP(PlL) 16 of 20'19)

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'15. Union Of lndia, Represented by its Chief Control Of Explosives Department Kendrya Sadan Kavadiguda Secunderabad

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(RR 15 is Suo Moto lmpleaded as per Court order dated 13.03.201.9 )SpoNDENrs

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the respondents direct the official respondents i.e. 1 to 4, and 6 herein to take action and Prosecute the Respondent No.5 i.e. Exhibition Society President and its Office Bearers for not complying with fire safety measures for not obtaining Fire No-Objection Certificate as mandated under the provisions of the Telangana Fire Services Act, 1999 and rules framed therein and consequently direct the respondent No. 6 to seek transfer of the Accidental case which was registered at Begum Bazar Police Station i.e. at Respondent no.8 to be withdrawn and transferred to CB-ClD or SIT (Special lnvestigation Team) to be constituted seeking prosecution against Respondent No. 5 under the provisions of IPC and laws in force

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lA NO: 1 OF 2019

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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 respondent nos. I to 4,6 to 7 shall immediately Close^functioning of^Numaishor exhibition which was restarted lrom 02.02.2019 on wards forthwith^{as they havefailed} to comply fire safety measures as^per the The Telangana Fire Service Act,¹⁹⁹⁹ and rules framed thereunder pending disposal of the above Writ Petition,

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lA NO: 3 OF 2019

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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 Respondent No.5 i.e., The President, Exhibition Society, at Exhibition Grounds, Nampally , Hyderabad to^pay the dues of Rs. 2,5'1 ,38,710 /- accrued towards for payment of erection of temporary stalls during the 79th exhibition and for previous of dues accrued till 2018 to the Respondent no- 7 or otherwise this Hon'ble Court may direct the Respondent no. 7 that the^permlssion shall not be^granted to the respondent no. 5 for conduct of the forthcoming 80th All lndia lndustrial Exhibition^-2020 which commences 'from 0110112O2O lo 1510212020

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lA NO: 4 OF 2019

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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 Sth respondent to restrain i.e., The President Exhibition Society, at Exhibition Grounds Nampally, Hyderabad from organizing the Exhibition / Numaish to be commenced from 0110112020 fll 1510212020 till it obtains all the necessary statutory clearances which are required for holding the exhibition / numaish like fire NOC as per the previsions of the Telangana Fire Service Act. 1999 from respondent nos. 3 & 4 permission or NOC from respondent No 7 as per The Provisions from The Greater Hyderabad Municipal Corporation Act 1955, Police Permission from the Respondent nos. 6 & 13 as per the Provisions of Hyderabad City Police Act 1348 -F Electricity Permission from the Respondent No . 12 approval of permission from the Respondent Nos. 1 0 & 1 5

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lA NO: 1 OF 2020

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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 modify the orders dt.31 .12.2019 in WP(PIL) No.16 of 2019 passed by this Hon'ble Court to an extent that member Secretary of State Legal Services Authority, Telangana, who was directed by this Hon'ble Court to inspect the Exhibition Grounds and report to this Hon'ble Court on or before 05.01.2020 and the said date may be modified from on or before 05.01.2020 to the inspection date may be fixed Io 20.01 .2020 and pass

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lA NO: 5 OF 2019:

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Between:

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The President, The Exhibition Society, Mukarramjahi Road, Exhibition Grounds, Hyderabad- Telangana.

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....PETITIONER/RESPONDENT NO.5

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AND

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Khaja Aijazuddin, S/o, Late Khaja Moinuddin, Aged 39 years, Occ. Advocate, R/o. Flat No.102, Ir/oin BlocK I,4y Splendor Residency,' 3-S-8O7l1lC, Hyderguda, Hyderabad-29, Telangana State.

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State oI retangana, Rep by its The chief Secretary, c Btd'[1?5"il"""ti+:E'{'r",*=State, Secretariat, Hyderabad- 500022. Telangana.

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Principal Secretary to Home, Home Department, A Block, sth Floor, Telangana State, Secreta riat, Hydera bad-22. T elangana.

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The Director General, Telangana State Disaster Response and Fire Services, BRK Bhavan, 1st Floor, Tank Bund, Hyd- Telangana.

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The District Fire Officer, Hyderabad, H.No.5-1-1071 Opp. Sikh Gurudwar, Gowliguda, Hyderabad District-50001 2

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The Director General of Police, Telangana State, Lakdikapool, Hyderabad-T.S.

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The Commissioner, Greater Hyderabad lVunicipal Corporation, CC Complex Tank Bund Road, Lower Tank Bund, Hyderabad-500063. T.S.

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B. The Station House officer, Begum Bazar Police Station, Hyderabad. 9. The Secretary, Telangana State Legal Services Authority Purani Haveli City Civil Courl Building Chata Bazar Hyderabad

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The Secretary, Telangana State Pollution Control Board lndustrial Area Sanathnagar Hyderabad

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11 The District Collector, Hyderabad District Nampally Station Road Hyderabad

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The Chief Electrical lnspector, Government of Telangana It4int Compound Hyderabad

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1 3. The Commissioner of Police, Basheer Bagh Hyderabad

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14.The District [t4agistrate Hyderabad, Nampally Station Road Hyderabad

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Union Of lndia, Represented by its Chief Control Of Explosives Department Kendrya sadan Kavadiguda Secunderabad

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...RES'.NDENT'

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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 modify the orders dated 0211212019 in WP(PIL) 16 of 2019

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lA NO: 2 OF 2O2O

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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 receive the affidavit filed on behalf of respondent no.5 in WP(PlL).No.16/2019 and consider the sa me

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Counsel for the Petitioner: SRI KHAJA AIJAZUDDIN

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PARTY IN PERSON

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Counsel for Respondent No. 1: GP FOR GENERAL ADMINISTRATION

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Counsel for Respondent Nos. 2 to 4, 6, 8, 13 & 14: GP FOR HOME

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Counsel for Respondent No. 5: SRI J. PRABHAKAR

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Counsel for Respondent No. 7: SRI L. VENKATESHWAR RAO

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Counsel for Respondent No. 9: SRI J. ANILKUMAR, SC FOR TSHC

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Gounsel for Respondent No. 10: SRI P. SHIV KUMAR, S CFOR TSPCB

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Counsel for Respondent Nos. 11 & 12: GP FOR REVENUE

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The Court made the following: ORDER

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THE HON'BLE THE CHIEF JUSTICE SATI SH CHANDRA SHARMA AND

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THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

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WRIT PETITION {PIL)No. 16 of2OL9

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ORDER: (Per tLLe l"lotl'bLe tlte Chief Justtc:e Sattsll CltatTclrcl Sller o)

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The present public interest litigation has been fiied in respect of Numaish (Exhibition), which is held every year in the Hyderabad township. The public interest litigation was filed in the year 2Ol9 when hre broke out in the Numaish stating that necessary No Objection Certificate (NOC) was not granted as mandated under the Teiangana Fire Services Act, 1999 (for short, the Act).

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The State Government has thereafter, taking into account the accident which took place, has issued a Government Order i.e., G.O.Rt.No.693, dated O9.O7.2O79, and now the NOC is certainly required keeping in view the Act. The Government Order issued by the Government provides for various permits and only after permissions are granted, the Numaish can be heid in the township of Hyderabad.

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The petitioner has prayed for the following relief: -

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"Therefore it is respectfully pral,ed that this Hon'ble Court nray be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ ol Mandamus, declaring the action of the respondents direct the official respondents i,e. i to 4, and 6 herein

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to take actlon^{and Prosecute the RespondentNo 5 1e'} Exhibition Societl'^{Presidentand its Oflice Bearers for} not complying^{with fire safety measures for not} obtaining Fire^{No-ObjectionCertificate as mandated} under the^{provisions of the TelanganaFire Services} Act, 1999 and^{rules framed therein and consequently} direct the respondent^{No.6 to seek transfer of the} Accidental case^{whichwas registeredat Begum Bazar} Police Station^{i.e. RespondentNo'S to be withdrawn} and transferred^{to CB-CID or SIT (SpecialInvestigation} Team) to be constituted^{seeking prosecution against} Respondent^{No.Sunder the provisions of IPC and laws} in Iorce and to^{pass such other order or orders as this} Hon'ble court^{may deem fitand proper inthe} circumstances^{of the case."}

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In the considered^{opinion of this Court, as the State} Government^{has already issued the Government Order'} the necessity of obtaining^{NOC under the Act has become} mandatory.^{The other requirements also as per the} aforesaid Government^{Order and therelevant} Government Orders^{issued subsequently are required to} be fulfi1led and unless^{and until the sameare fulfil1ed'no} such permission^{can be granted by the State for holding} the Numaish. It^{is pertinent to note that for this year} also, keeping in^{view the COVID-19pandamic (Omicron)'} the State Government^{has suspended the Numaish which} has started from^{O1.O7.2022.The suspension orderhas} come into force on^03.O1.2022.

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In the light of the aforesaid, no further orders are required to be passed in the present public interest litigation. The State Government shall ensure strict compliance of its own Government Orders while granting permission in respect of such exhibition and other exhibitions a1so.

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The public interest litigation is accordingly disposed of. The miscellaneous applications pending, if any, sha1l stand closed. There shall be no order as to costs.

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sD/-P.PADMANABHA^REDDY ../ ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To, 1. The Chief Secretary, State of Telangana C Block, 3rd Floor, Telangana State, Secretariat, Hyderabad-500022.^{f elangana} 2. i;; a*C; d dF F";^{CeneratAOministrition, HighCourt for the State of Telangana.} IOUTI

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a. tir'o'ics to GP^{For Home, High Courtfor the St9-te of TelanganalouTl}

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One CC to Sri^{J. PrabhakarRao, Advocate(olqgl}

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d. on; CC io Sri^{L. VenkateshwarRaoAdvocate (OPUC)}

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O. One CC to Sri J.^{Anil Kumar, Advocate (OPUC)}

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Z. One CC to Sri P.^{ShivKumar, Advocate(OPUC)} -

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iil Cc= tJ^{Op Foi RevenJe, High Couit for th'e-State of Telangana [oUT]} S. One CC to Sri Khaja^{Aijazuddin, Advocate (OPUC)}

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Two CD CoPies ' 11. One Spare^CoPY MBC NPJ -

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HIGH COURT

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DATED: 1910112022

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E S14 Ir:
+.
,.
3 28Jr,N2022
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'. .)/
ORDER

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WP(PIL).No.16 of²⁰¹⁹

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DrsPoslNG oF THE^WP(PIL)

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WITHOUT COSTS

Khaja Aijazuddin v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Khaja Aijazuddin v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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