High Court · 2025

...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of writ of Mandamus decraring the action of the 3rd respondent in not considering the objection petition dated.24.12.2024 made by the petitioner, pursuant to notice dated.03.12.2o24 issued by the 3rd respondent and proceeding with acquisition of the rand of Dargah, Mosque, Graveyard of Abduflah shah euadri (Rh), and its attached properties situated at Shah Ali Banda, Hyderabad, which were mentioned at Sl.No.'10 t6 19 (RHS-2611o 27O) of notice dated.O3l12l2O24, is highly illegal, arbitrary, unjust, u nconstitutiona l, violation of principles of natural justice and also in violation of Articles 14,21 and 300-A of the Constitution of lndia and contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and consequently direct the 3rd respondent to consider the objection petition made by the petitioner dated.24l12l2o24 and delete the same from the prel im i na ry gazette notification dated.28 I I I 12024. 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 3rd respondent herein to consider the objection. petition dated.24.12.2024 made by the petitioner, pursuant to notice dated.O3.12.2024 issued by the 3rd respondent, for deletion of land of Dargah, Mosque, Graveyard of Abdullah Shah Quadri (Rh), and its attached properties situated at Shah Ali Banda, Hyderabad, which were mentioned at Sl.No.10 to 19 (RHS-261 lo 270) from the preliminary gazette notification dahed.28.11.2024, pending disposal of the writ petition. Counsel for the Petitioner: SRI E.KALYAN KUMAR, REP. FOR SRI MOHD MOIN AHMED QUADRI Counsel for the Respondent No.1 to 3: GP FOR LAND ACQUISITION Counsel forthe Respondent No.4: SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.4982 of 2025 ORDER: This writ petition is filed seeking the following relief : " ... to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of thc 3rd respondent in not considering the objection petition datcd 24.12.2024 made by the petitioner pursuant to notice dated 03.12.2024 issued by the 3rd respondent and proceeding with acquisition of the tand of Dargah Mosque Graveyard ol Abdullah Shah Quadri Gn.) and its attached properties situated at Shah Ali Banda Hyderabad which were mentioned at SI No l0 to l9 (RHS- 261 to 270\ of notice dated 03112/2024 is highly illegal' arbitrary. unjust, unconstitutional, violation of principles of natural justice and also in violation of Articles 14, 2l and 300,{ ol the Constitution of India and contrary 1o the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and consequently direct the 3rd respondent to consider the obiection petition made by the petitioner dated 2411212024 and delete the same from the preliminary gazette notification dated 281 I | 12024."

2. Heard Sri E.Kalyan Kumar, learned counsel representing Sri Mohd. Moin Ahmed Quadri, leamed counsel for the petitioner, leamed Government Pleader for Land Acquisition lor respondent Nos'l to 3 and Mr.Farhan Azam Khan, learned Standing Counsel for respondent No.4

3. With the consent of learned counsel for the parties, the writ petition is being disposed of at the stage of admission' 4 Leamed counsel for the petitioners submits that petitioner No.l is i t- 2 Muthawalli in Dargah-O-Masjid Hazrath Alhaj Hafez Syedna Abdulla Shah Wali Quadri Qibla (RH.). Respondent authorities issued gazette notification under Section I I of Right to Fair Compensation and Transparency' in l-and Acquisition Rehabilitation and Resettlement Act, 2013 (fbr brevity 'Act 30 of 2013'), to acquire the land from general public, lor the purpose of road widening under Metro Rail Phase-ll from MGBS to Chandrayangutta in Corridor-lV. Thereafter, respondent No.3 issued notice on 03.12.2024, under Section 15(2) of the Act 30 of 2013, directing the petitioners including effected parties, in respect of the sub.iect property, mentioned in the said notice to submit objections. Pursuant to the said notice, petitioner No.l has submitted detailed objections to respondent No.3 on 24.12.2024. However, respondent No.3 I without considering the said objectiong is trying to dispossess the petitioners from the subject property i.e., Dargah and Mosque of Abdullah Shah Quadri (RI), Sha Ali Banda, Hyderabad, which was mentioned at serial Nos.l0 to 19 in the notice dated 03.12.2024. Hence, the action of respondent Nos.2 and 3 is gross violation of principles of natural justice and also contrary to the provisions ofthe Act 30 of2013.

5. Learned Govemment Pleader for Land Acqy_q!9ion,. basing upon -7 3 the instructions furnished by respondent No.3, submits that pursuant to the gazette notification dated 28.11.2024, respondent No.3 conducted public hearing on 29.08.2024 and 04.09.2024 respectively. She further submits that pursuant to the said notice dated 03.12.2024, several persons, including petitioner No. I have submitted objections on various dates. The said objections were sent to requisition authority and the same pending before requisition authority. He further submits that respondent No.3 will consider the objections submitted by petitioner No. l, dated 24.12.2024, after receiving the said objections from the requisition authority and further submits that fbur (4) weeks time is required for considering the said objections.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that petitioner No. I submitted objections to the notice, dated 03.12.2024, issued under Section 15(2) ofthe Act 30 of20l3 before respondent No.3 on 24.12.2024 and the said objections are pending before respondent No.3. 7 Taking into consideration the facts and circumstances of the case 4 '1 and submissions made by the reamed Government pleader, this court deems it appropriate to dispose of the writ petition, with a direction to respondent No.3 to consider the objections submitted by petitioner No.l on 24.12.2024, pursuanr to the notice dated 03.12.2024 issued by respondent No.3, within a period of six (6) weeks fiom the date of receipt of a copy of this order, after giving opportunity to the petitioners, including personal hearing. 8 With rhe above direction, the Writ petition is disposed of. No costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be order as to costs ,TRUE COPY// SD/.A. SRINIVASA REDDY ASSISTANT REGI TRAR SECTIO OFFICER

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

2. The District Collector, Hyderabad District. 3. The Special Deputy Collector, Land Acquisition Hyderabad Airport Metro Limited, Metro Rail Bhavan, Rasoolpura, Begumpet, Hyderabad.

4. The Chief Executive Officer, Telangana State WaK Board, Razzak Manzil, Nampally, Hyderabad.

5. One CC to SRI MOHD MOIN AHMED QUADRI, Advocate [OPUC] 6. One CC to SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD [OPUC] 7. Two CCs to cP FOR LAND ACQUISITION, High Court for the State of Telangana at Hyderabad [OUT]

8. Two CD Copies \ To, g^ BSR BS HIGH COURT DATED: 1910212025 ORDER WP.No.4982 ot 2025 CC TODAY 1 ;tE ST476 21 tEB 2M a -), o -b ,l:' /S o \\ o. \r /,. \.' \ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS W