Disposed

Mehmood bin Mohammed v. State of Telangana

Telangana HC5 Sept 2023WP/24598/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the initiation of a land acquisition enquiry without furnishing documents. The court directed the Deputy Collector to provide the documents, permitting further proceedings only after the petitioner receives them and submits objections.

What did the court decide?

Respondent No.4 directed to furnish documents sought through representation dated 28.07.2023; petitioners granted liberty to submit objections within one week of receipt.

Mehmood bin Mohammed Vs State of Telangana — Land Acquisition | Telangana HC (2023)

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[3256 ]

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

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TUESDAY ,THE FIFTH DAY OF SEPTE[/BER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION NO: 24598 OF 2023

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Between

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'1 . Mehmood bin [Mohammed, aged S/o. Late. Mohammed Bin Abdul Hafez, about 75 Years,Occ. Business, Shop No.23-1-1030 and 1033, Moghalpura Kaman, Shah Ali Banda Road, Near Charminar, Hyderabad.

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J. Venkatesh, S/o. Late.J. Dasharath, about 75 Years,Occ . Barber, Shop No.23-1-1034, Moghalpura Kaman, Shah Ali Banda Road, Near Charminar, Hyderabad.

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Mohammed Majid, S/o. Late Mohammed Akbar, Aged about 57 Years, Occ. Business, Shop No.23-1-1035, Moghalpura Kaman, Shah Ali Banda Road, Near Charminar, Hyderabad.

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Mohammed Farooq, S/o. Late Noor Mohammed,Aged about 39 Years, Occ Business,Shop No.23-1-111O and 11 11, Panch lVohalla, Shah Ali Banda Road, Near Charminar, Hyderabad.

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lMohammed Mushtaq,, S/o. Late Noor Mohammed,Aged about 39 Years, Occ Business,Shop No.23-1-1¹ 10 and¹ I 1^'1 , Panch Mahalla, Shah Ali Banda Road, Near Charminar, Hyderabad.

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Mohammed Abdul Basith, S/o. Late Hafiz lvlohammed Abdul Wahab (erroneously and wrongly mentioned in the notice as Hafeez Abdul Waheed) Aged about 69 Years, Occ Business,Shop No.23-'1 -1079, Panch l\ilahalla, Shah Ali Banda Road, Near Charminar, Hyderabad.

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Mohammed Abdul Muqeet, S/o. Late Hafiz Mohammed Abdul Wahab (erroneously and wrongly mentioned in the notice as Hafeez Abdul Waheed) Aged about 43 Years, Occ . Business, Shop No.23-1^-1079, Panch Mahalla, Shah Ali Banda Road, Near Charminar, Hyderabad.

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Maryam Akhter, Wo.Fazle Mubeen Shaik,Aged about 65 Years, Occ . Housewife, Shop No.23-1-1 109, Panch Mahalla, Shah Ali Banda Road, Near Charminar, Hyderabad.

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Mohammed Mohsin Siddiqui, S/o. Late Mohammed Hasan Siddiqui (erroneously wrongly mentioned in the notice as @ Shaik Hasan), Aged about 43 Years, Occ . Business, Shop No.23-1-1080 and^1083/1 , Panch Mahalla, Shah Ali Banda Road, Near Charminar, Hyderabad.

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Shoukatunnisa Begum, Wo. Md.Abdul Sattar, Aged about 69 Years, Occ . Housewife, Shop No.23-1-1082 and 1083, Panch Mahalla, Shah All Banda Road, Near Charminar, Hyderabad.

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1 1 . Mohammed fVliskeen Siddiqui, S/o. Late Mohammed Hasan Siddiqui, Aged about 40 Years, Occ . Business, Shop No.23-1-1081, Panch lr/lahalla, Shah Ali Banda Road, Near Charminar, Hyderabad

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...PETITIONERS

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AND

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State of Telangana, rep by its Principal Secretary, Revenue Departrrrent, Secretariat, Hyderabad-500022

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Greater Hyderabad lVlunicipal Corpn, rep.by its Commissioner GHI,4C, Tank Bund road, Hyderabad-500063

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The District Collector, Hyderabad, Chirag Ali Lane, Abids, Hyderabad.-500001

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The Spl Deputy Collector, Land Acquisition Greater Hyderabad f,4unicipal Corpn Tank Bund road, Hyderabad-500063

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...RESPONDENTS

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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 appropriate Writ, Order or direction more particularly one in the nature of writ of mandamus declaring the the letter Gazette.No.GHMC/77 (Cl1S1l2OO5) dt.26.06.2023 published by the Special Collector (LA) and Commissioner GHIVC, the notice bearing No. C/191/2005 dated 07.07.2023 issued by respondent No.4 herein and all further proceedings thereon as illegal, arbitrary, violative of Article 300-4 of the Constitution of lndia, contrary to the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation Act,2013 and issue a consequential order setting aside the same.

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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 stay all further proceedings pursuant to the notice bearing No.C/191/2005 dt.07.07.2023 issued by respondent No.4 herein, pending disposal of WP.No. ./2023.

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Counsel for the Petitioner : SRl. AZIZ HUSSAIN Counsel forthe Respondent Nos.l & 3: AGP FOR REVENUE Counsel for the Respondent No.2 : SRI PRAVEEN KUMAR VEERJALA

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SC FOR GHMC

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Counsel for the Respondent No.4 : AGP FOR LAND ACQUISITION

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The Court at the stage of admission made the following: ORDER

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No. 2459a of 2023 ORDER:

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Hcard Sri J.Prabhakar Rao, Iearned Senior Counsel appcaring for petit ioners, learned Govcrnment pleacler for Revenuc appearing lor respondent Nos. 1 and 3, Sri praveen Kumar Vcerjala, learncd Standing for respondent No.2, Iearned Assistant Govcrnment Pleader for Land Acquisition for rcspondcnt No.4. With the consent of all parties this writ pctition is disposed of at the admission stagc. 2. 'lhe grievancc o[ petitioners in this u,rit pctition is thal inspitr: of submitting a represerrtation dated 2g.OZ.2Ct23 requcsting respondcnt No.4 to furnish the documents mentioned in the said represen ta.tion, respondent No.4 u,ithout furnishing the requircd docurncnts fixed the date for conducting enquiry under Section lS(1) of the Right to lrair Compcnsation and 1'ransparency in Land Acquisition, Rehabilitation and Resettlcment Act, 2013 (for short,,the Acr of 2013) today i.e., on O5.O9.2023 at 3.0O P.M. 3. When the matter came up lbr consideration on 04.O9.2023 on a l.oquesl- rracle by le:rrnccl counsel lor respondcnts thc tn,r(tct.is acljourned to today to enable them to

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I I

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gcl. instrrictions itt LItc nl:rttcr.^'l'orln-r' rvhc:.t Lhc lnatter is^t:lkcrl up for coltsideration, il rs reported^{by learned Assisiant} Government Pleaclcr ior^{I-a r-rd Acquisition tilat rcspondcntNo 4} is ready to furnish the doculnents,^{as sought by thc petitioncrs} by way of rcllrcscntalittn^{dzrted 28.O7.2023and alter rcccipt cif} said documcnts,^{petitiorlers can participatc in the cnquiry'}

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In thc circumstanccs, the^{rvrit pctitionis disposedof} directing rcspondcnt No.4^{to furnish the docun-rents,as required} by thc pctitioners^{througha represcnlaliondated 28.O7 '2023'} and on rcccipt of such^{documentsby the petitioners,thc} petitioncrs eirc granted^{libcrtyto submittheir objections, if any,} within a pcriod ol onc^(l )^{rt'eek lrom the date of receiptof} document from respondcnt^{No.4. Onreceipt ofsuch} objections/ represcntation,^{rcspr:ndent No 4 is at liberly to ltx a} date for conducting^{enquiry underSection15(1) of the Act,} 2013, by affording opportunity^{ofpersonal hearing tothe} petitioners and then^{pass appropriateorders, in accordance} with law. There shall bc no^{orderas lo costs.}

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Misccllancous pctitions^{pending,if any, shall stand}

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closed'

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'..l

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SD/. P. PADMANABHA REDDY ASSISTAIIT REGISTRAR //TRUE COPY// (w SECTION OFFICER

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To, 1. The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad-500022

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The Commissioner, Greater Hyderabad Municipal Corpn, GHMC, Tank Bund road, Hyderabad_500063

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. The District Collector, Hyderabad, Chirag Ali Lane, Abids, Hyderabad._50000i 4 The Spr Deputv coreitor, Land n"qri.it,""--6i"ater ttyderabad ,Vunicipar

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