Dismissed

Masjid-e-Ek khana and Grave Yard v. The State of Telangana and 3 others

Telangana HC16 Jun 2023WP/24868/2022

Case brief

AI extract

What is this about?

Writ petition filed by Muttawalli of a graveyard seeking police assistance to demolish a dilapidated wall and remove illegal encroachers. Court dismissed the petition for non-joinder of the alleged encroachers as necessary parties, warning that eviction orders directly impact them. Liberty given to file fresh petition with necessary parties.

What did the court decide?

Petitioner granted liberty to file a fresh writ petition with the alleged encroachers made as necessary party respondents.

Masjid-e-Ek khana and Grave Yard Vs The State of… — Property and Title | Telangana HC (2023)

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[^32s6 ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY, THE SIXTEENTH DAY OF JUNE 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: 24868 OF 2022

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Between:

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Masjid-e-Ek khana and Grave Yard, Rep by its Muttawalli Syed Vilayath Ali Sio Late Syed Mehdi Ali Razvi, Aged about 52 Years RJo H.No.17-3-480, lmliban, Yakutpura, Hyderabad 500023.

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...PETITIONER

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AND

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1 The State of Telangana, Rep by its Secretary, Home Department, Secretariat, Hyderabad.

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2 The Commissioner of Police, Hyderabad City, Basheerbagh, Hyderabad.

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3 The Station House Officer, P.S. Rein Bazar, Yakutpura, Hyderabad.

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4 Greater Hyderabad Municipal Corporation, Rep by its Commissioner through Circle No.7, Tank Bund Road, Hyderabad

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...RESPONDENTS

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Petition under Article.226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therbwith, the High Court may be pleased to issue Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the in action of the Respondent officials in not considering the application of the Petitioners dated 09-05-2022, 12-04-2022 and 29-03-2022 to provide^police assistance for removal/demolishing of Dilapidated wall towards northern side of Premises known as Masjid-e-Ek Khana and grave Yard bearing Municipal No. 17-3-537, 17- 3-53711 and 17-3-53712 situated at Bada Bazar, Yakutpura, Hyderabad as arbitrary, illegal, unjust and against the principles of natural justice and consequently direct the Respondent No.1 to 3 to provide police assistance in removal/demolishing of Dilapidated wall towards northern side of Premises known as Masjid-e-Ek Khana and^grave Yard bearing Municipal No.^'17-3-537, 17-3-53711 and 17 -3-53712 situated at Bada Bazar, Yakutpura, Hyderabad

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IA NO: 1 OF 2022

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Petition under sjection 151 cpc praying that in the circumslances staled in the affidavit filed in support of the petition, the High court may be pleased to DIRECT the Respondents No. 1to 3 to provide porice assistance for removal/demolishrng r>f Dilapidated wall towards northern side of premises known as Masjid-e-Ek Khana and grave yard bearing Municipal No. 17-3_537, 17-3-53711 and 17-3-53712 situated at Bada Bazar, yakutpura, Hyderabad pending disposal of the above wrrt petition

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Counsel for the Petitioner: SRl. B SHESHU KUMAR

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Counsel for the Respondent Nos.1 to 3: GP FOR HOME

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Counsel for the Respondent No.4: SRI PRAVEEN KUMAR SC FOR GHMC

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The Court made the following: ORDER

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IION'BLE SRI JUSTICE C.V.BIIASKAR ITI'DDY

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WRIT PETITION No.24868 of 2022

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ORDER:

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This writ petition is filed seeking the following relief:

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".....,to rssue Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the in action of the Respondent ofhcials in not considering the application of the Petitioners dated 09-05 2022, l2-O4-2O22 and 29-03-2022 to provide police assistance for reroval/ demolishing of Dilapidated wall towards northern side of Premises known as Masjid-e,Ek Khana ard grave Yard bearing Municipal No 17-3-537, 17 -3,537 /l and l7-3537/2 situated at Bada Bazar, Yakutpura, Hyderabad as arbitrary, illegal unjust and against the principals o[ natural justice and consequently drrect the Respondent No.l to 3 to provide police assistance in removal/demolishing of Dilapidated wall torvards northern side of Premises known as Masjid-e Ek Klrana and grave Yard bearing Municipal No.17-3-537, 17-3-537 / I and l7 3 537/2 situated at Bada Bazar, Yakutpura, Hyderabad and pass......"

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Heard learned counsel for the petitioner, learned Assistant Government Pleader for Home for respondent Nos.1 to 3 and Mr. Praveen Kumar, learned Stalding Counsel for respondent No.4GHMC.

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Learned Counsel appearing for the petitioner submits that the petitioner is the Muttawalli of wakf institution Masjid-e-Ek Khana and graveyard bearing G.H.M.C.Nos.l7-3-537, 17-3-537 / I and 17-3-537 /2, situated at Yakutpura, Bada Bazar, Hyderabad, which is a registered and notified Wakf got published in A.P. Gazette No.28 Part-II Miscellaneous notil-rcation dated 11.07.1996. He submits that the

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northern side u.al1 of the saicl {r:t eyard u,as in dilapidated condition and abutting to the said s'all, sorrrc third parties have installed "Dabba" illegally and they arr: doing thcir lrusiness. He submits that as the said compound wall is in a dilapidatt'cl condition, the petitioner intended to demolish the same lrut the sard third parties are not allovving the same and also threatenin6l the petitiorrer il,ith dire consequences. He submits that questioning the said action of the third parties, the petitioner has hled complaints belore the re spondents-Police to provide police assistance for demolishing the said northern wall of graveyard but they have not taken an], action on lhc said complaints. He further submits that unless the said encroachcrl portion is removed, they are not in a position to construct a new coml).rund wall

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The petitioner- being makir-rg serious allegations against the said encroachers has not chosen thcnr to make as party respondents to this writ petition. Further, any orde r passed in this writ petition will directly have bearing on the removal/ eviction of the encroachers who alleged to have raised the "Dabba" abutting to the compound wall.

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In view of the same, this writ petition is dismissed for non-joinder of necessary parties. However, libcrtv is given to the petitioner to hle a

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fresh urrit petition by making necessary parties as party respondents to the writ petition, in accordance with law. No order as to costs.

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As a sequel, the miscellaneous petitions pending, if any, shall

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stand closed.

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SD/. C. PRAVEEN KUMAR ASSISTANISEGISTRAR //TRUE COPY// C2D SECTION OFFICER

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To, 1. One CC to SRl. B SHESHU^{KUMARAdvocate} [OPUC] 2. fwo CCs to GP^{FOR HOME, High Court for the State of Telangana} louTl 3. One CC to SRI G.^{PRAVEEN KUMAR SC FOR GHMC} [OPUC] 4. Two CD Copies KKS GJP *--

HIGH COURT

DATE D: 1 610612023

ORDER

WP.No.24868 of 2022

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DISMISSING THE^WP WITHOUT COSTS

Masjid-e-Ek khana and Grave Yard v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

Masjid-e-Ek khana and Grave Yard v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

What the court decided

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