Dismissed

Mohammed Ruknuddin Ghouri v. The State of Telangana

Telangana HC10 Jul 2023WP/17140/2023

Case brief

AI extract

What is this about?

In a writ petition challenging the proposed land acquisition award based on alleged false documents, the High Court of Telangana quashed the petition as premature. The Court directed the petitioner to file objections and claims before the Land Acquisition Officer and attend the scheduled hearing. The writ was disposed of without costs.

What did the court decide?

Directed petitioner to file objection/claim/succession before Land Acquisition Officer and attend hearing on 31.07.2023; no order as to costs.

Mohammed Ruknuddin Ghouri Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

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[³²⁵²¹

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

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MONDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 17140 OF 2 023

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Between:

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Mohammed Ruknuddin Ghouri, S/o Late Mohd, Mohiuddin Ghori, tua.37 yrs, Occ.Business, R/o. 1 18/S R T, Chandu Lal Baradari, Hyderabad.

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...PETITIONER

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AND

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' 1. The State of Telangana, rep. by its principal Secretary, lvlunicipal Administration and Urban Devtlropment Department Secretariil. Hvaeraoac.

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1. Greater. Hyderabad Municipal Coiporation, Rep. by its Com.iriiori"r. funi Bund, Hyderabad.

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Th-e Special Deputy Collector, (Land Acquisition Department), GHMC, Head Office, Hyderabad.

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The. Deputy Commissioner, (Land Acquisition) Moosapet, Kukatpally, Medchal-Malkajgiri Diskict.

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Mohd. Shahabuddin Ghori, S/o.Late. Mohd.Basheeruddin Ghori, tua.53 yrs, Oc_c.8usiness, R/o.H.No.8-3-33, Old Bowenpaliy, Batanag-r fr,fjn,lui,-- '^-' R.R.District.

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Mohd.Naseeruddin Ghori, S/o. Late.Mohd.Basheeruddin Ghori. A,/a.55 vrs. Occ. Business, R/o. H. No.8-7-1 31/S, Old Bowenpatty, Aitanagii

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...RESPONDENTS

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Petition under Anide 226 of the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of writ of Mandamus, decraring the action of the respondents in proposing to issue the Award and pay the compensation amount to the sth respondent and 6th respondent herein and other legal heirs of Late.Mohd. Basheeruddin Ghori basing on the false and fabricated documents in lieu of the acquisition of the house property bearing H.No. 3-31 corresponding to new H.No. 8-3-33 situated at old Bowenpafly, opp. to Masjid-e-Hussaini Baranagar Mandar, within Kukatpally Municipality, R.R.District, inspite of the representation dt.

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161612023, as being illegal, arbitrary, unjust and u nconstitutiona I and consequently direct the respondent authorities to conduct enquiry pursuant to the representation dl. 161612023 and to issue the notice under Section 15 (1) of the Act read with Rule 21 duly mentioning the names of the petitioner and other legal heirs of Late. Mohd. Mohiuddin Ghori as well as other legal heirs of Late. Mohammed Ahmed Ghori and enable the petitioner to lodge the objections.

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lA NO: 1 OF 2023

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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 authorities not to disburse/pay the compensation amount to the 5th and 6th respondent herein and other legal heirs of Late. Basheeruddin Ghori in lieu of the acquisition of the house property bearing H.No.3-31 corresponding to new H.No.8- 3-33 situated at Old Bowenpally, Opp. to Masjid-e-Hussaini Balanagar Mandal within Kukatpally tvlunicipality, R.R.District, pending disposal of the main Writ Petitron.

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Counsel for the Petitioner: SRI MOHAMAD ABDUL QUAYAM Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI K.RAVINDER REDDY, SC FOR GHMC Counsel for the Respondent Nos.3 & 4: AGP FOR LAND ACQUISITION Counsel for the Respondent Nos.5 & 6: --

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The Court made the following: ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION No.1714O oF 2023

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ORDER

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Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, learned standing counsel for GHMC appearing for respondent No.2, learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.3 and 4 and learned counsel appearing for respondent Nos.S and 6.

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2 The petitioner approached the Court seeking the prayer as followsl

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"To issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action oF the respondents in proposing to issue the Award and pay the compensation amount to the 5th respondent and 6th respondent herein and other legal heirs of Late.Mohd.Basheeruddin Ghori basing on the false and Fabricated documents in lieu of the acquisition of the house property bearing H.No.3_31 corresponding to new H.No.B-3-33 situated at Old Bowenpally Opp. to Masjid-e-Hussa in i Balanagar Mandal

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within Kukatpally N4unicipality R.R.District, inspite of the representation dt 16/6/2023 as being illegal arbitrary unjust and unconstitutional and consequently direct the respondent authorities to conduct enquiry pursuant to the representation dt 16/6/2023 and to issue the notice under Section 15 (1) of the Act read with Rule 21 duly mentioning the names of the petitioner and other legal heirs of Late.Mohd.li4ohiuddin Ghori as well as other legal heirs of Late. Mohammed Ahmed Ghori and enable the petitioner to lodge the objections and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case."

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Learned Assistant Government Pleader for Land Acquisition brings on record written instructions filed by respondent No.3 and in particular relevant portion of the said written instructions reads as under:

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''The land acquisition proceedings are at initial stage. At this stage Smt Naseeminnissa Begum filed Writ Petition No.10355 of 2023 claiming to be one of the share/stake holder in premises No.B-3-33, old Bowenpally, Balanagar Mandal, Medchal-Malkajgiri District, The Hon'ble Court dismissed the Writ petition as premature on 77.04.2023, observing as follows:

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"As the acquisition proceedings are at preliminary stage, the present Writ Petition is premature and as such this Court is not inclined to entertain this Writ Petition at this stage. In case, if any notice is issued

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t I

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proposing to acquire the subiect^property, it is open for the petitioner to^make a claim and assert^{her rights. In} case, if the^{petitioner makes} any^{claim before the} respondents, the respondent-Land Acquisition^Officer shall consider the same and^pass appropriate^orders thereon, in accordance law..."

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The notice U/s 15 of the Act of 2Ot3 has^been issued on 30.05.2023 fixing the date of^hearingon 37.07.2023 at 3:00^pm to all the^{known interested} persons.

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However, the writ petitioner herein ls being treated as one of the interested^persons and is^being addressed to File objection,^{claim/succession} to^the property on or before and also to attend the hearing on 37.07 .2023 at 3^: 00^pm.

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The writ petitioner may be advised to approach this respondent with his claim and^{the writ petitionmay} be closed as^premature."

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Taking into consideration the written^{instructions filed} by the respondent No.3-Special^{Deputy Collector,LA, GHMC,} Hyderabad, the petitioner is directed to file^objection, claim/succession of the subject^{property before the} respondent-Land Acquisition^{Officer and also to} #^attendthe hearing on 3I.07.2023 at^03:00 P.m.

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vrP rrr40 u o2l

Accordingly, the Writ petition is disposed of directing the petitioner to approach rhe respondent-Land Acquisition officer with his craim petition. However, there shail be no order as to costs.

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l"liscellaneous petrtions. if any, pending in ihis Writ

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Petition, shall stand closed.

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SD/-MOtID. ISMAIL ASSISTANT REGIS/RAR //TRUE COPY// sEcroN &(r,"r* \

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1 The Special Deputy Collector,^{(Land Acquisition Department),GHlt/C, Head} Office, Hyderabad.

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2 One CC [o SRI MOHAIT4AD^ABDUL QUAYAM,^Advocate [OPUC] J Two CCs to GP FOR IMCPL ADM &^{URBANDEV, HighCourt for the State} of Telanoara, at Hyderabad IOUTI

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4 Two CCi to GP FoR LAND AcoulsTloN,^{HighCourt for the stateof} Telangana, at Hyderabad. [OUT]

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5 ONC CC tO SRI K.RAVINDER REDDY,^{SC FOR GHMC} [OPUC] 6 Two CD Copies

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PSK, BS

CC TODAY

HIGH COURT

SN,J

DATED:1 010712023

ORDER

WP.No.17140 of 2023

f .; .{E S11 ;'5'
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L) 1 D JUI 2tI23
,.] i

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DISPOSING OF THE^{WRIT PETITION} WITHOUT COSTS.

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I
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Mohammed Ruknuddin Ghouri v. The State of Telangana

Case brief

What is this about?

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Mohammed Ruknuddin Ghouri v. The State of Telangana

Case brief

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