Dismissed¶¶40

Khaja Hussain, v. The Government of Telangana

Telangana HC8 Sept 2025WP/34924/2014

Case brief

AI extract

What is this about?

Writ petition dismissed as infructuous, no costs; Gadwal Municipality notice proceedings HA/3427/2014 dt. 27-08-2014 challenged as illegal, arbitrary, contrary to natural justice and Article 21; Article 226 mandamus; butchers of Main Bazar, Gadwal Town facing dispossession; Section 151 CPC interim suspension (WPMP No. 43694 of 2014); counsel M. Achuta Reddy for petitioners, Government Pleader for Municipal Administration and Urban Development for respondent No.1, standing counsel Putta Krishna Reddy for respondents 2 and 3; decided 08-09-2025 by Justice Laxmi Narayana Alishetty; no merits adjudication; no precedent cited; no quantum.

What did the court decide?

None; writ petition dismissed as infructuous with no order as to costs, and pending miscellaneous petitions, if any, ordered dismissed. ¶¶40

Khaja Hussain, Vs The Government of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

None; writ petition dismissed as infructuous with no order as to costs, and pending miscellaneous petitions, if any, ordered dismissed.

¶¶40

Issue for consideration

Whether the action of respondent No.3, the Commissioner, Municipality, Gadwal Town, in issuing notice in proceedings No. HA/3427/2014 dated 27-08-2014 was illegal, arbitrary, violative of the principles of natural justice and of Article 21 of the Constitution, and whether respondent No.3 should be directed not to dispossess the petitioners from their existing shops.

¶¶29

Ratio / Principle

Recording the submission of learned counsel for the petitioners that the cause in the writ petition no longer survived and had become infructuous, the Court dismissed the writ petition as infructuous and made no order as to costs.

¶¶40

Detailed headnote1 paragraphs

Writ Petition No. 34924 of 2014, High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction) — Khaja Hussain and ten other butchers trading at Main Bazar, Gadwal Town, Mahabubnagar District v. The Government of Telangana, The District Collector, Mahabubnagar and The Commissioner, Municipality, Gadwal Town. Filed in 2014 under Article 226 of the Constitution praying for a writ of mandamus declaring respondent No.3's action in issuing notice in proceedings No. HA/3427/2014, dt. 27-08-2014 illegal, arbitrary and violative of the principles of natural justice and Article 21, and directing respondent No.3 not to dispossess the petitioners from their existing shops; interim prayer under Section 151 CPC (I.A. No. 1 of 2014 / WPMP No. 43694 of 2014) sought suspension of the notice during pendency. On 08-09-2025 before Hon'ble Sri Justice Laxmi Narayana Alishetty, counsel for the petitioners submitted that the cause did not survive and the petition had become infructuous; recording the submission, the Court dismissed the writ petition as infructuous, made no order as to costs, and ordered pending miscellaneous petitions, if any, dismissed. No adjudication took place on the legality of the municipal notice.

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

[³³⁸³ ]

¶3

(Special Original Jurisdiction)

¶4

MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENW FIVE

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

¶7

WRIT PETITION NO: 34924 OF 2014

¶8

Between:

¶9

Khaja Hussain, S/o. Mahaboob Sab, Age 45 years, Occ Butcher, Shop No. 5- 3-13, Main Bazar, Gadwal Town, lvlahabubnagar Diskict.

¶10

Md. Khaleel, S/o. Dowlat Sab, age 51 years, Occ Butcher, Shop No. 5-3-16, Main Bazar, Gadwal Town, Mahabubnagar District

¶11

Md. Shareef, S/o. Abdul Raheem, age 35 years, Occ Butcher, Shop No. 5-317, Main Bazar, Gadwal Town, Mahabubnagar District

¶12

Md. Mahmood, S/o Dowlat Sab, age 54 years, Occ Butcher, Shop No. 5-3'lT,lllain Bazar, Gadwal Town, Mahabubnagar District

¶13

IVId. lbrahim, S/o. Dowlat Sab, age 48 years, Occ Butcher, Shop No. 5-3-18, lVlain Bazar, Gadwal Town, Mahabubnagar District

¶14

Md. Rafiq, S/o. Shalimiya, age 39 years, Occ Butcher, Shop No. 5-3-19, Main Bazar, Gadwal.Town, N/lahabubnagar District

¶15

Shaik Ahmed, S/o. Badesab, age 33 years, Occ Butcher, Shop No. 5-3-19, Main Bazar, Gadwal Town, Mahabubnagar District

¶16

B. Md. Jameel, S/o. Mahaboob Sab, age 37 years, Occ Butcher, Shop No. 5-317, Main Bazar, Gadwal Town, Mahabubnagar District

¶17

Md. Ghouse, S/o. Yousuf Sab, age 46 years, Occ Butcher, Shop No. 5-3-, 29/1, tVlain Bazar, Gadwal Town, Mahabubnagar District

¶18

MD. Moinuddin, S/o. Chota Yousuf, age 29 years, Occ Butcher, Shop No. 5-32811, Main Bazar, Gadwal Town, Mahabubnagar District

¶19

1't.N/ld. Atlaf, S/o. Jaleel Sab, age 20 years, Occ Butcher, Shop No. 5-3-2811, Town, Mahabubnagar District

¶20

Main Bazar, lgoyr"t ...pETtTtoNERS

¶21

...pETtTtoNERS

¶22

AND

¶23

The Government of Telangana, Rep. by its Principal Secretary, lVlunicipal Department, Secretariat, Hyderabad

¶24

The District Collector, Mahabubnagar, Mahabubnagar District

¶25

The Commissioner, Municipality, Gadwal town, Mahabubriagar District

¶26

...RESPONDENTS

¶27

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 an appropriate Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of 3rd respondent i.e. the

¶28

¶29

Commissioner, Municipality, Gadwal Town, Mahabubnage - District in issuing notice in proceedings No. HA1342712014, dt. 27-OB-2014 as illegal, arbitrary and violative principles of natural justice and also violative of Art_ 21 of the constitution of India and consequently direct respondent nr> 3 not to dispossess petitioners form their existing shops

¶30

l.A. NO: 1OF 2014(WPMP. NO: 43694 0F 2014)

¶31

Petition under Section^'151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Cor r may be pleased to suspend notice and direct respondent no. 3 not to disposs rss petitioners form their shops in proceedings No. HA/342712014, dt. 27 t 8-2014 during the pendency of Writ petition

¶32

Counsel for the Petitioners: SRI M. ACHUTA REDDY

¶33

Counsel for the Respondent No.1: Gp FOR'MUNICIPAL AD TllIINISTRATION AND URBAN DEVELI] PMENT Gounsel forthe Respondent Nos.2&3: SRI PUTTA KR|SHN,A REDDY (sc FoR MC,TELAN(; {NA)

¶34

The Court made the following: ORDER

¶35

¶36

THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHHPTY trIRIT PETITION No.34924 of2ot4

¶37

ORDER:

¶38

This writ petition is filed seeking following reliet ,,Declaring the action of respondent No.3 i.e., the Commi: ,.-,, r,n;::",;,,'r,",.i""i; l"l_J notice in proceedings No.HA/ 3422 /2O1a, dated 22.O8.2O1+ as illegal, arbitrary and prays to djrect respondent No.3 not to dispossess petitioners from their existing shops.,,

¶39

Sri M. Achuta Red.y, learned counsel for the petitioners, learned Government pleader for respondent No.1 and Sri putta Krishna Reddy, learned Standing Counsel for respondent Nos.2 and 3 are present. 3. Learned counsel for the petitioners submits that cause in the present writ petition does not survive and the same has become infructuous.

¶40

Recording the aforcsaid submission of learned counsel for the petitioners, writ petition is dismissed as infructrrous. No order as to costs

¶41

Miscellaneous petitions, if any pending, shal stand dismissed.

¶42

SD/.M.NAGAM ASSISTANT REGI

//TRUE COPY//

ECT]ON OFFICER

To,

I 9n"^{CC to SRt.M. ACH-UTA} REDDY, Advocate tOpUCl 2. One CC to SRt PUTTA KR|SHrulnrooi,-lsCF6n-nrt,rer_nNGANA) loPUCl

¶47

Iryo CCs to GP FOR MUN|CTPAL ADM|N|STRAT|ON AND URBAN DEVELOPMENT .Hioh Court for the Staie oi ie-ranjana, at Htde;6ad IOUI 4. Two CD Copies

B.M ^bT

HIGH COURT

DATED:0810912025

ORDER

Yo$
?.'
)'
,)
3

:3rr ,^TCl .rfO

¶53

WP.No.34924 of 2014

¶54

¶55

DISMISSING THE WRIT PETITION WITI- OUT COSTS

¶56

dr
6. I\0 vl

Parties & counsel

AI extract

petitioner
Khaja Hussain, S/o. Mahaboob Sab, aged 45 years, butcher, Shop No. 5-3-13, Main Bazar, Gadwal Town, Mahabubnagar District¶¶9
M. Achuta Reddy
petitioner
Md. Khaleel, S/o. Dowlat Sab, aged 51 years, butcher, Shop No. 5-3-16, Main Bazar, Gadwal Town, Mahabubnagar District¶¶10
M. Achuta Reddy
petitioner
Md. Shareef, S/o. Abdul Raheem, aged 35 years, butcher, Shop No. 5-3-17, Main Bazar, Gadwal Town, Mahabubnagar District¶¶11
M. Achuta Reddy
petitioner
Md. Mahmood, S/o. Dowlat Sab, aged 54 years, butcher, Main Bazar, Gadwal Town, Mahabubnagar District¶¶12
M. Achuta Reddy
petitioner
Md. Ibrahim, S/o. Dowlat Sab, aged 48 years, butcher, Shop No. 5-3-18, Main Bazar, Gadwal Town, Mahabubnagar District¶¶13
M. Achuta Reddy
petitioner
Md. Rafiq, S/o. Shalimiya, aged 39 years, butcher, Shop No. 5-3-19, Main Bazar, Gadwal Town, Mahabubnagar District¶¶14
M. Achuta Reddy
petitioner
Shaik Ahmed, S/o. Badesab, aged 33 years, butcher, Shop No. 5-3-19, Main Bazar, Gadwal Town, Mahabubnagar District¶¶15
M. Achuta Reddy
petitioner
Md. Jameel, S/o. Mahaboob Sab, aged 37 years, butcher, Main Bazar, Gadwal Town, Mahabubnagar District¶¶16
M. Achuta Reddy
petitioner
Md. Ghouse, S/o. Yousuf Sab, aged 46 years, butcher, Shop No. 5-3-29/1, Main Bazar, Gadwal Town, Mahabubnagar District¶¶17
M. Achuta Reddy
petitioner
Md. Moinuddin, S/o. Chota Yousuf, aged 29 years, butcher, Shop No. 5-3-28/1, Main Bazar, Gadwal Town, Mahabubnagar District¶¶18
M. Achuta Reddy
petitioner
Md. Atlaf, S/o. Jaleel Sab, aged 20 years, butcher, Main Bazar, Mahabubnagar District¶¶19
M. Achuta Reddy
respondent
The Government of Telangana, Rep. by its Principal Secretary, Municipal Department, Secretariat, Hyderabad¶¶23
Government Pleader for Municipal Administration and Urban Development
respondent
The District Collector, Mahabubnagar, Mahabubnagar District¶¶24
Putta Krishna Reddy
respondent
The Commissioner, Municipality, Gadwal Town, Mahabubnagar District¶¶25
Putta Krishna Reddy

Coram

AI extract

Laxmi Narayana Alishettyauthor¶¶6

Khaja Hussain, v. The Government of Telangana

Case brief

What is this about?

What did the court decide?

Khaja Hussain, v. The Government of Telangana

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Vanchanagiri Bixpathi S/o. Sarangapani Vs The State of Telangana

K.Srinivas Vs Hmda,Metropolitan Commissioner,Hyd,Andanot

Sri. Muppavaram Madhusudhan Rao, Vs The Government of Telangana

M.Jitender Singh Vs The State of Telangana

Gadapa Kanthamma Vs The Government of Andhra Pradesh, Rep. by its Principal

Krazi Chicks, rep. by its Proprietor, Vs The State of Telangana