Mohd. Osman Qureshi Vs State of Telangana (Ma and Ud ) — Land Acquisition | Telangana HC (2025)

Mohd. Osman Qureshi Vs State of Telangana (Ma and Ud ) — Land Acquisition | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition dismissed as withdrawn with liberty to pursue O.S.No. 664 of 2024 filed against Respondents No. 2 to 6; no costs awarded; pending interlocutory applications, if any, stand closed.

Issue for consideration

Whether the action of Respondents 2 and 4 to 6 in constructing a footpath that closes the way in front of the gates of the petitioner's land bearing Sy.No. 44 Part (Ac. 2-02 Gts), Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, thereby restricting access of the petitioner and his workmen, without following the Land Acquisition Act, 2013, the prior orders of this Court in WP.No. 17364 of 2024 and WP No. 8954 of 2024 on land compensation, and the petitioner's representations, is illegal, arbitrary and against the principles of natural justice and violative of fundamental rights (Articles 14, 19 and 300A). +2 more

Ratio / Principle

After arguing for some time, learned counsel for the petitioner sought permission of the Court to withdraw the writ petition with liberty to pursue O.S.No. 664 of 2024 filed by the petitioner against Respondents No. 2 to 6, having made an endorsement to that effect on the bundle; the Court granted the liberty as sought.

Key takeaways

Granting liberty as sought, the writ petition is dismissed as withdrawn, with no costs.ratio¶29
As a sequel, interlocutory applications pending, if any, stand closed.ratio¶30

Detailed headnote1 paragraphs

Telangana High Court at Hyderabad (Special Original Jurisdiction), single judge (Justice K. Lakshman), 10-02-2025: Writ Petition No. 3734 of 2025, Mohd. Osman Qureshi v. State of Telangana (MA&UD), GHMC officials and others, sought a writ of mandamus under Article 226 to declare illegal, arbitrary and violative of natural justice and fundamental rights (Arts. 14, 19, 300A) the action of Respondents 2 and 4-6 in constructing a footpath closing access in front of the gates of the petitioner's land bearing Sy.No. 44 Part, Ac. 2-02 Gts (9946 sq. yds / 8319.85 sq. mtrs), Gachibowli Village, Serilingampally Mandal, Ranga Reddy District - allegedly without following the Land Acquisition Act, 2013, the Court's earlier orders in WP.No. 17364 of 2024 and WP No. 8954 of 2024 on land compensation, and the petitioner's representations - with a consequential prayer for removal of the footpath, supported by interim applications under S.151 CPC (IA No. 1: police protection by Respondent No. 7; IA No. 2: immediate removal of the footpath). After arguing for some time, counsel withdrew the petition with the Court's liberty to pursue pending O.S.No. 664 of 2024 against Respondents 2-6 (endorsement made on the bundle); the writ petition was dismissed as withdrawn without costs and pending interlocutory applications, if any, stand closed.

[³¹⁶⁸ ]

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

MONDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K.LAKSHMAN

WRIT PETITION NO: 3734 OF 2025

Between:

Mohd. Osman Qureshi, S/o late tVohd Chand Qureshi, Aged about 54 years, Occ. Business, Rl/o. H.No.S-5-18211,Om Nagar, Ghousepura, Nampally, Darussalam Road, Hyderabad, Telangana State-500001.

...PETITIONER

AND

State of Telangana (lVlA and UD ), Represented by Principal Secretary Secretariat, Tankbund, Hyderabad.

The Commissioner, Greater Hyderabad Muncipal Corporation, Tankbund, Hyderabad

/) The Spl. Deputy Collecto(LA), GHMC, Hyderabad.

4 The Zonal Commissioner, GHIVC, Serilingampally, Ranga Reddy District. 5 Deputy Commissioner, GHMC Circle- Serlingampally, Ranga Reddy District. 6 The Asst. City Planner, Circle-Serilingampally, Ranga Reddy District. 7 The Station House Officer, Raidurgam Police Station, Raidurgam, Cyberabad

...RESPONDENTS

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 pass writ order or direction one in the nature of the Writ of [/andamus to declare the action of the Respondents no. 2, 4 to 6 who are trying to restrict the way to the petitioner to his land i.e., land bearing Sy.No. 44 Part, to an extent of Ac.2-02 Gts or 9946 Sq.Yrds or 8319.85 Sq.Mtrs of Gachibowli Village, Serilingampally Mandal, Ranga Reddy District by constructing the footpath by closing the way to the petitioner in front of the gates of the petitioner's land and to his workmen without following the Land Acquistion Act, 2013 as well as orders of this Honble Court passed in WP.No. 17364 of 2024, WP No. 8954 of 2024 wilh regard to the land compensation as well as without considering the representations dated. 25t04t2024 and 211101202+ ard illegal, arbitrary and against the principles of natural^justice and also violation of the fundamental

rights of the petitioner's under Articles, '14, lg and 300 A of constitution of lndia and consequently direct the respondent no. 2, 4 to 6 to remove the footpath laid in front of gates of the petitioner's land by not restricting the way to the petitioner to his laMul possession of his land bearing sy.No. 44 part, to an extent of Ac.202 Gts or 9946 Sq.Yrds or 8319.85 Sq.Mtrs of Gachibowli Village, Serilingampally Mandal, Ranga Reddy District

lA NO: 1 OF 2025

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 Respondents no. 7 to provide the protection to the petitioner's land i.e., land bearing sy.No. 44 Part, to an extent of Ac. 2-o2 Gts or g946 sq.yrds or 8319 85 sq.Mtrs of Gachibowri viflage, seriringampaily rVrandar, Ranga Reddy District from the illegal acts of respondent authorities pending disposal of the above writ petition

lA NO: 2 OF 2025

Petition under Section '151 cpc praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents no.2, 4 to 6 immediatery remove the constructed footpath infront of the gates of the petitioner rand i.e., rand bearing Sy.No. 44 Part, to an extent of Ac. 2-02 Gts or 9946 sq.yrds or g319.g5 Sq.A/trs of Gachibowli Village, serilingampally Mandal, Ranga Reddy District pending disposal of the above writ petition

Counsel for the Petitioner: SRl. R BALA SUBRAMANYAM counsel for the Respondent No.1: Gp FoR MUNrcrpAL ADMrNrsrRATroN AND URBAN DEVELOPMENT

-counsel^{for the Respondent Nos. 2,4to6: sRr G. MAHDUSUDHANREDDY, sc} Counsel for the Respondent No.3: Gp FOR REVENUE Counsel for the Respondent No.7: Gp FOR HOME

The Court made the following: ORDER

HON'BLE SRI JUSTICE I(I-AKSHMAN Writ Petition No.3^{734 of2025}

Order

After argurng for some time, Sri^{R.Balasubrahrr.znyarr,,} learned counsel for the petitioner^{seeks permission of this Court} to withdraw the present writ perition^{with liberty to} Pursue O.S.No.664 of 2024 filed by^{the petitioneragainstrespondents} No.2 to 6. He has^{also made an endorsementto the said effect} on the bundle.

Granting liberry as sought,^{this Writ Petition is dismissedas} withdrawn. No costs.

As a sequel, interlocutory^{applications,, pendingif any, stand}

closed

so/.SREERAMA MURTHY STANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

One CC to SRl. R. BALA SUBRAIVIANYAM, Ad te [OPUC] 2. Two CCs to GP FOR I/UNICIPAL ADIVIINISTRATION AND URBAN DEVELOPMENT ,High Court for the State of Telangana, at^Hyderabad [OUT]

Two CCs to GP FOR REVENUE High Court for the State of^{Telangana, at} Hyderabad [OUT]

Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad [OUT]

One CC to SRl. G. MADHUSUDHAN REDDY, SC [OPUC]

Two CD Copies BM GJ

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HIGH COURT

DATED:1010212025

ORDER

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WP.No.3734 ot 2025

DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS

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