Allowed

Mir Siadath Ali v. The State of Telangana

Telangana HC1 Nov 2023WP/22850/2023

Case brief

AI extract

What is this about?

Writ petition challenging police officials for interfering with petitioner's possession of land claiming it is government property. Single Judge directed officials not to interfere with peaceful possession pending disposal and closed ancillary petitions.

What did the court decide?

Respondents 4 and 5 directed not to interfere with petitioner's peaceful possession of the subject lands except in accordance with law. Ancillary petitions closed.

Mir Siadath Ali Vs The State of Telangana — Environment and Pollution | Telangana HC (2023)

[^32e6 ]

HIGH COURT FOR THE STATE^{OF TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

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WEDNESDAY, THE FIRST DAY^{OF NOVEMBER} TWO THOUSAND AND TWENTY^THREE

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PRESENT

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,THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 2285A^{OF 2023}

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Between:

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Mir Siadath Ali, S/o. Late^{Mir lradath Ali' Age. 66 years' Occ.} .Business, R/o.H.No.19-4-ti/548, Hashamabad,^{NearBilal Masjid, Charminar, Hyderabad}

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...PETITIONER

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AND

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The State of Telangana, Rep.^{by its Principal Secretary( Home Department} ), Secratariat Buildings, Hyderabad,^Telangana.

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The Commissioner of Police,^{Cyberabad, Hyderabad.}

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The Assistant Commissioner^{of Police, Cyberabad at Serlingampally}

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The lnspector of Police, Miyapur Police^{Station, Miyapur, Cyberabad.}

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5- The.Sub-lnspector of Police,^{Miyapur Police Station, Miyapur, Cyberabad}

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..RESPONDENTS

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Petition under Article 226 of lhe Constitution^{of lndia praying that in the} circumstances stated in the affidavit filed^{therewith, the High Court may be} pleased to issue a Writ of Mandamus or any other appropriate^{Writ Order or} Orders or Directions by declaring the action^{of the Respondents No. 4 and 5,} who has interfering and obstructing^{the petitioner'sto carry the works in his} peaceful possession and enjoyment of the to an extent of^{Ac 0-004 guntasin} Sy No.5, Ac 0-061Guntas in Sy No.6,^{Ac 0-077 Guntas in Sy No.9,} Ac 0-051cuntas in Sy No. 19; Ac 0-081 in^{Sy No. 29, Ac 0-035in Sy No.39'}

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Ac0-024 in Sy No.41, Ac 52-35 in Sy No.44,^{Ac 1-2O in Sy No. 52, Ac 0-075 in} Sy No.61, Ac0-024 in Sy No.77,^{AcO-12in Sy No.98, Ac2-21in Sy No.'l 19'} totally to an extent of Ac 58-02^{Guntas, situatedat Maktha [r/ahaboobpet Village,} Serilingampally Mandal, Ranga^{Reddy District, by claimingthat the land belongs} to government, which^{is illegal, arbitrary, unjust and againstthe principles of}

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natural^justice and consequently direct the Respondent authorities for not to interfere into the petitioners possession land to an extent of Ac 0-004 guntas in Sy No.5, Ac 0-061 Guntas in Sy No.6, Ac O-O77 Guntas in Sy No.9, Ac 0-051Guntas in Sy No. 19, Ac 0-081 in Sy No.29, Ac0-035 in Sy No.39, Ac 0-024in Sy No.41 , Ac 52-35 in Sy No.44, Ac 1-2O in Sy No. 52, Ac 0-075 in Sy No. 61 , AcO-O24 in Sy No. 77, AcO-12 in Sy No.98, Ac2-21 in Sy No. 119, totally to an extenl of Ac 58-02 Guntas, situated at Maktha Mahaboobpet Village, Serilingampally Mandal, Ranga Reddy District.

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lA NO: 1 OF 2023

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Petition under Section^'l 51 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 for not to interfere into the petitioners possession land to an extent of Ac 0-004 guntas in Sy No.5, Ac 0-061Guntas in Sy No.6, Ac 0-077 Guntas in Sy No.9, Ac 0-05'1 Guntas in Sy No. 19, Ac 0-0Bl in Sy No.29, Ac 0-035 in Sy No.39, Ac 0-024in Sy No.41, Ac 52-35 in Sy No.44, Ac 1-2O in Sy No. 52, Ac 0-075 in Sy No. 61, Ac 0-024 in Sy No. 77, AcO-12in Sy No.98, Ac 2-21 in Sy No. 1'19, totally to an extent of Ac 58-02 Guntas, situated at Maktha Mahaboobpet Village, Serilingampally Mandal, Ranga Reddy District, pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI V.ROOPESH KUMAR REDDY

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Counsel for the Respondents: AGP FOR HOME

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION No.2 2A5O ot 2023

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ORDER:

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This writ petition has been filed declaring the action of respondent Nos.4 and 5 in interfering with the peaceful possession and enjoyment and carrying the works in the land admeasuring Ac.O.004 guntas in Sy.No.S; Ac.0.061 guntas in Sy.No.6, Ac.O.O77 guntas in Sy.No.9, Ac.O.O51 guntas in Sy.No.19, Ac.0.081 guntas in Sy.No.29, Ac.O.O35 guntas in Sy.No.39, Ac.O.O24 guntas in Sy.No.41, Ac.52.35 guntas in Sy.No.44, Ac. 1.20 guntas in Sy.No.52, Ac.O.075 guntas in Sy.No.61, Ac.O.O24 guntas in Sy.No.77, Ac.O.12 guntas in Sy.No.98 and Ac.2.21 guntas in Sy.No. 119, totally to an extent of Ac.58.02 guntas situated at Maktha Mahaboobpet Village, Serilingampally Mandal, Ranga Reddy District by claiming that the land belongs to Government is illegal, arbitrary, unjust and against the principles of natural justice.

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The petitioner claims to be the absolute owner and possessor of the lands admeasuring Ac.O.OO4 guntas in Sy.No.5; Ac.O.06 I guntas in Sy.No.6, Ac.O.OZZ guntas in

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CVBR, J \Vp 22850 2023

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Sy.No.9, Ac.0.051 guntas in Sy.No.19, Ac.0.08 1 guntas in Sy.No.29, Ac.0.035 guntas in Sy.No.39, Ac.O.O24 guntas in Sy.No.41, Ac.52.35 gunths in Sy.No.44, Ac.1.20 guntas in Sy.No.52, Ac.0.075 guntas in Sy.No.6l, Ac.0.r024 guntas in Sy.No.77, Ac.O.l2 guntas in Sy.No.98 and Ac.2.21 guntas in Sy.No. 119, totally to al extent of Ac.58.02 guntas situated at Maktha Mahaboobpet Village, Serilingampally Mandal, Ranga Reddy District, having succeeded the same from his father. It is the further case of the petitioner that his father's name is also reflected in Supplementary Sethwar issued in File No.B1l17ll68 (Gl/177/68), dated OT .06.1969 . It is the further case of the petitioner that when the petitioner is proceeding with raising of fencing to protect his property, respondent Nos.5 and 6 are interfering with his peaceful possession and directing him not to raise any construction stating that the subject propert), which is in his occupation is Government Land.

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Learned Assistant Government Pleader for Home appearing for the respondents has submitted that as on date the respondents have not received any complaint over the subject land and if any complaint is filcd by the

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CVBR, J wp 22850 2021

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Government and the same discloses cognizable offence, they will take appropriate action in accordance with^law.

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4, Iri^view of^{the above submissions, this-Courtdeems it} appropriatg tor dispose , oi the writ^{petition directing} respondent Nos.4 and 5 not to interfere with the^peaceful possession and enjoyment of the petitioner over the subject lands in any manner, except in accordance with^law. However, this order does not preclude the^competent authorities for taking appropriate action in accordance^with law, if any complaint is received.

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With the above observations, this Writ Petition is

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dispoied. ttiere shatt be ho order as to costs.

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As a sequel, the miscellaneous petitions pending, if

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any, shall stand closed

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,/TRUE^COPY//

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sD/-B. SARASWAT{! ASSiSTANT^REGISTRAR seffiH^oFFIGER

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To, 1. The^{Principal Secretary(HomeDepartment)' SecratariatBuildings'} 2. 3. 4. 5. b. 7. H*gSffi",**,mnffi[#:+#nry,:,1',fq," 8 BSR GJP w

To,

HIGH COURT

DATED: 0111112023

ORDER

WP.No.22850 of 2023

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¶57

DISPOSING OF THE WRIT PETITION,

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WITHOUT COSTS

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Mir Siadath Ali v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mir Siadath Ali v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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