Mohammed Shoeb v. The State of Telangana
Court: High Court for State of Telangana
Bench: A.RAJASHEKER REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-09-21. Mohammed Shoeb v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) [/ONDAY, THE TWENTY FIRST DAY OF SEPTEI/BER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION NO: 15740 OF 2020 Between: 1. Itilohammed Shoeb, S/o. Late Gulam Hussain, Aged about 48 years, Occ: Business, Rio. H. No. 19-2-194lAlA, Ramnaspura, Bahadurpura, Hyderabad, Telangana State 2. l\rlrs. Sunera Banu, W/o. lt4ohammed Shoeb, Aged about 41 years, Occ: Housewife, Fl/o. H. No. 19-2-194/A/A, Ramnaspura, Bahadurpura, Hyderabad, Telangana State 3. [t/]rs. Afsana Banu, W/o. Mohammed Jaweed, Aged about 50 years, Occ: Housewife, R/o. H. No. 8-15-821a, Akbar Colony, Vattepally, Hyderabad. 4. Haji Sohail, S/o. l\/ohammed Shoeb, Aged about '18 years, Occ: Student, Rl/o. H. No. 19-2-1941NA, Ramnaspura, Bahadurpura, Hyderabad, Telangana State ... PETITIONERS AND 1 The State of Telangana, Rep.
by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad. 2 Greater Hyderabad lt4unicipal Corporation, Rep. by its Commissioner, Tank Bund Road, Hyderabad. J The Deputy Commissioner, Rajendra Nagar lt4andal, Ranga Reddy District. 4 The Assistant City Planner, Circle No. 1 1 , Rajendra Nagar l\,4andal, Ranga Reddy District. ... 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 issue an appropriate Writ or Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents for issuing the notice vide LR. No. 18/TPSICRZIC-11lGHMCl2020 dated 29-07-2020 to acquire an extent of 1631 . 47 sq yards from the land of the Petitioners where the Supreme lndustry is situated covered with H. Nos. B-4-120111A15, B-4-120l1lAl9Bl1 and 8-4- 12011lAl9B in Plot Nos.
2, 47,48,49,50,51,52,53,54,58,59,60,61 ,62(Part),64 and 65 (Part), Sy. No. 53,55 to 60(P), 180, 1Bl, 185, total admeasuring 3383. 25 Sq. Yards situated at Bandlaguda Khalsa Village, Rajendra Nagar IVlandal, Ranga Reddy District to develop the Nala from Pallecheruvu to Ali Nagar and issuing demand notice to pay the compensation for the structure only is illegal, arbitrary in violation of principles of natural justice and in violation of Articles 14 and 21 of the Constitution of lndia besides violation of Land Acquisition Act and also against the equity and consequently to set aside the Notice vide LR. N:. 18/TPS/CRZ/C- 11lGHMCl2020 dated 29-07-2020 issued by the Respondents to ,rcquire an extent of 1631. 47 sq yards from the land of the Petitioners where the S,upreme lndustry is situated covered with H. Nos. 8-4-120111A15,8-4-120111A19811 an'7 8-4-120l1lAl9B in Plot Nos. 2, 47,48,49,50. 51, 52, 53, 54, 58, 59,60,61,62 (Par), 64 and 65 (Part), Sy. No.
53, 55 to 60(P), lBr), 181, 185, total admeasuring 3383. 25 Siq Yards situated at Bandlaguda Khalsa Village, Rajendra Nagar [Mandal, Rang;t Reddy District to develop the Nala from Pallecheruvu to Ali Nagar and issuing demand notice to pay the compensation for the structure only. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circL nrslances stated in the affidavit filed in support of the petition, the High Court may b,-" clr-. ased to stay all further proceedings in I\otice vide LR. No. 1B/TPSICRZIC-11,GHMC/2020 dated 29. 07. 2020 issued by :hr: Respondents to acquire an extent cf 1031. 47 sq yards from the land of the Pelitioners where the Supreme lndustry is s trra. ed covered with H. Nos. 8-4-120111415,8-4-120l1lAl9Bl1 and B-4-120111Al98 in Plot Nos. 2, 47, 48, 49, 50, 51 , 52,53, 54, 58, 59, 60, 61, 62 (Part), 64 and 65 (Part), Sy. lJo 53, 55 to 60(P), 180, 181 , 185, total admoasuring 3383. 25 Sq.
Yards situated at E arrdlaguda Khalsa Village, Rajendra Nagar Mandal, Ranga Reddy District to develoc the Nala from Pallecheruvu to Ali Nagar and issuing demand notice to pay the compensation for the structure only, till the payment of compensation as per the L. arc Acquisition Act, pending disposal of the VVrit Petition. Counsel for the Petitionr:r: SRI M. A. K. MUKHEED Counsel for the Respc,nrlent No. 1: GP FOR MUNICIPAL ADMII\III;TRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos. 2 to 4: SRI PASHAM KRISHNA REDDY, s. c. FoR G. H. M. C. The Court made the 'bllr)wing: ORDER THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WP No. 15740 of 2O2O ORDER: This Writ Petition is filed seeking writ of mandamus declaring the action of the respondents for issuing the notice vide Lr. No. 1S/TPS / CRZ/ C-11 I GHMC I 2020, dated 29. O7. 2O2O for acquiring the land to an exte nt of 163 1 . 47 sq. yds from the land of the petitioners covered u,ith H. Nos. 8-4-120 lllAlS, 8-4-l2OI1.
lA/9811 and 8-4-l2oll/A/98 in Plot Nos. 2, 47,48,49, 50, 51, 52, 53, 54, 58, 59,60, 61,62 (part), 64 & 65 (part), sy. No. 53, 55 to 60 (part), 180, 181, 185, total admeasuring 3383. 25 sq. yards, situated at Bandlaguda Khalsa village, Rajendranagar Mandal, Ranga Reddy to develop the Nala from Pallecheruvu to Ali Nagar and issuing demand no1::ice to pay the compensation for the structure only, as illegal arrd arbitrary and consequently to set aside the same. Heard Sri M. A. K. Mukheed, learned counsel for the petitioners and Sri Pasham Krishna Reddy, learned Standing Counsel for respondents 2 to 4. Learned counsel for the petitiorlers submits that the petitioners are not u,illing to give consent for acquisition of land, as such, the respondents cannot force the petitioners to give consent. He submits that if at all the respondents needs the subject land, they have to follow due procedure for acquiring the land of the petitioners.
Sri Pasham Krishna Recldy, learned Standing Counsel for GHMC submits that the respondent Corporation is making all efforts to acquire the land with consent of the owners of the subject land to save time i. e. , petitioners and that if the petitioners are not willing to give consent, they will follow due procedule, in accordance with law. In vieu' ol al>ove fac:ts and circ; ul-r,stanr:cs, this S'rrt Pe tition i:; disposed of di:. rc1. ing the respondents ilot to inte r"er e rT'ith thc possession of rhe subject propertl'or pressurize them to giv,: consent. Il' the responderrts Corporation require the subject lanrl, thev itave to lollow the prc. rceclule envisaged uncler the Right to Fair C rrrtpensation and Transpare ncy in Land Acquisition, Rehabilitation anrl Resettlement Act, 2O 13, for acquiring the same. There shall be no order as to costs. Miscellaneous F,etitions, if anv pending, shall st:rnd closed. $D/. M. MANJULA ASli STI\NT REGI //TRUE COPY// :;E CTION OFFICER To, 1.
The Principal Se,:retary, Municipal Administration and Llrban Development Department, State of Telangana, Secretariat, Hyderabad, 2. The Commissioner, Greater Hyderabad Municipal Corporatio-'r, Tank Bund Road, Hyderabad. 3. The Deputy Conrmissioner, Rajendra Nagar Mandal, Ranga Reddy District. 4. The Assistant Clty Planner, Circle No. 11, Rajendra Nagar l/:rn,Jal, Ranga Reddy District 5. One CC to Sri lVl. A. K. tr/ukheed, Advocate [OPUC] 6. Two CCs to GP =or lt/unicipal Administration and Urba r Development, High Court for the State of Telangana. [OUT] 7. One CC to Sri Pasram Krishna Reddy, S. C. For G. H. tr/. C. [OPIJC] B. Two CD Copies IVP j\-= \ \. HIGH COURT DATED:21 l09lil. 020 1|l E s14 , ( /r? \a /c. ,i C t_. 05 Ict 2M0 o I \i ar,// ORDER i.. ". r... =. V. ,. OY \-.. ::---l Wp. No. 15740 ,:>12020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS sl *,(\,
Source: High Court for State of Telangana. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.