1. Mohammed Sarwar Miya v. 1. The State of Telangana

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 a Writ or Writs more appropriately a Writ of Mandamus declaring the action of the respondent No.2 to 4 in issuing the District Gazette No. A3/01/2025 dated. 30.01 .2025 published in the Eenadu Telugu Daily News Paper dated. 08.02.2025 for acquisition of Graveyard land admeasuring Ac.O.11 guntas in Survey No.89 attached to the Dargah Hazrat Sonde Shaheed R.A.' situated at Yedulapuram Village, Khammam District, T.G., as illegal, void, ultra virus, un constitutional and contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and also in violation of the principles of Natural Justice in the interest of justice and equity. IA 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 respondent No.2 to 4 not to demolish the graves attached to the Dargah Hazrat Sonde Shaheed R.A., admeasuring Ac.O.11 guntas in Survey No.89 situated at Yedulapuram Village, Khammam District, T.G., mentioned in the impugned District Gazette No. A3/01 12025 dated:3l.01 .2025, pending disposal of the Writ Petition in the interest of justice and equity. Counsel for the Petitioner: SRI A.M. QURESHt, SR. COUNSEL REp. FOR SRI MD, ABDUL MATEEN QURESHI Counsel for the Respondent No.1 to 3: GP FOR REVENUE counsel for the Respondent No.4: ASST. Gp FOR LAND ACQUlslTloN Counsel forthe Respondent No.5: SRI FARHAN AZAM KHAN, SC FOR TS WAKF BOARD The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.6O12 OF 2025 ORDER: I This writ petition has been filed to declare the action of respondent Nos.2 to 4 in issuing the District Gazette Notification No.A3/01 /2025, dated 30.01.2025, which was published in Eenadu Telugu Daily Newspaper on O8.O2.2O25, for acquisition of the graveyard land measuring Ac.O.11 guntas in Sy.No.89 attached to the Dargah Hazrat Sonde Shaheed R.A., situated at Yedulapuram Village, Khammam District, as illegal.

2. Heard Sri A.M. Qureshi, learned Senior Counsel representing Sri Md. Abdul Mateen Qureshi, learned counsel for the petitioners, learned Assistant Government Pleader for Land Acquisition and the learned Standing Counsel appearing on behalf of respondent No.5. 2

3. With the consent of the respective parties, the writ petition is being disposed of at the stage of admission.

4. Facts giving rise to filing of this writ petition briefly stated are that the petitioners are claiming that they are the Joint Mutawallies of Wakf Institution, nameiy, Dargah Hazrat Sonde Shaheed R.A., along with Graveyard, Mosque and its attached land situated at Khammam District through proceedings F.No.354/Tel.II /KHM I 85/82lSuppl., dated 21.11.2006 issued by respondent No.5 and since then they are dischargir.rg the functions of Mutawalli and looking after the management and day to dzry affairs of the Wakf Institution. The petitioners further stated that respondent Nos.2 to 4 by exercising the powers conferred under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, "the Act") issued 3 /t District Gazette Notification under Section 1l(1) of the Act on 30.01.2025 for acquiring the subject property along with other properties for the purpose of construction of Munneru Cable Bridge (Cable Stayed Bridge Across Munneru River) and the same was published in Eenadu Telugu Daity Newspaper on O8.O2.2O25. The petitioners further stated that the subject property is covered with graveyard and the respondents without verifying the same, issued the impugned notification, which is contrary to the provisions of the Act, and that they submitted their representation on 17.O2.2025 requesting respondent No.4 not to acquire the graveyard and 8O shops existing in the subject property, but respondent No.4 without considering the said representation, is proceeding further. Hence, the present writ petition. A

5. Learned Senior Counsel submits that respondent Nos.2 to 4 rvithout verifying existence of graveyard in the subject land, issued the impugned notification under Section 11(1) of the Act and the same is contrary to the provisions of the Act. He further submits that the petitioners have submitted a detailed representation on

17.O2.2O25 before respondent No.4 requesting him to consider their claim about existence of graveyard in the subject property, but respondent No.4 without considering the same, is proceeding further.

6. Learned Assistant Government Pleader submits that respondent No.4 will consider the representation submitted by the petitioners and will pass appropriate order in accordance with law and requested this Court to grant reasonable l ime.

7. Learned Senior Counsel by way of reply submits that the petitioners may be permitted to submit their 5 detailed objections to the impugned notification dated 3O.O1.2O25 and on such objections, respondent No.4 may be directed to consider the same in accordance with law after giving opportunity, inciuding personal hearing, to the petitioners.

8. Having considered the rival submissions made by respective parties and after perusal ol the material available on record, it reveais that respondent Nos.2 to 4 issued District Gazette Notihcation No.A3/01/2025, dated 30.01.2025 under Section 11(1) of the Act proposing to acquire total extent of Ac.03.16 7+ guntas of land in various survey numbers situated at Yedulapuram Village, Khammam District for the purpose of construction of Munneru Cable Bridge (Cable Stayed Bridge Across Munneru River) and the same was published in Eenadu Telugu Daily Newspaper on I

08.o2.2025. I "/. 6

9. According to the petitioners, in the said notification, the respondents proposed to acquire Ac.0.1 1 guntas in I Sy.No.89 attached to the Dargah Hazrat Sonde Shaheed R.A, wherein graveyard is located. The record further reveals that pursuant to the said . notification, the petitioners submitted representation o11 t7.o2.2025, wherein it is stated that in the subject property Moti Masjid Graveyard and 80 shops are existing and requestecl them not to acquire the subject iand and the said representation is pending consideration.

10. Taking into consideration the submissions made by the respective parties, this Court deems it appropriate to dispose of the writ petition granting liberty to the petitioners to submit their detailed objections pursuant to the impugned notification dated 30.01.2O25 within a period of two weeks from today. On such objections, respondent Nos.2 to 4 are directed to consider the same 1 and pass appropriate orders in accordance with law within a period of four weeks thereafter, after giving opportunity, including personal hearing, to the petitioners.

11. With the above said directions, the writ petition is disposed of. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs. ,TRUE COPY// SD/.MOHD. ISMAIL T NT REGISTRAR AS S CTION OFFICER To, 1 . The Principal Secretary Revenue Department' The State of Telangana, 2. The District Cirllector. Khammam District, Office at Yedulapuram, Khammam, Secretariat, Hyderabad. Telangana. 3, The Aiditional Collector, Revenue Office at Khammam, Telangana 4. The Land Acquisition Officer cum Revenue Divisional Officer, Office at Khammam, Telangana

5. The Chief Executiie Officer, The Telangana State Wakf Board, Office at Razzak Manzil, Nampally, Hyderabad, T.G.

6. One CC to SRi MD. AB6UL TVATEEN QURESHI, Advocate [OPUC] 7. One CC to SRI FARHAN AZAM KHAN, SC for TS WAKF BOARD IOPUCI 8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. 9. two ics to GP FoR LAND ACQUlSlTloN, High Court for the State of Telangana. [OUT]

10.Two CD Copies BN GJPw HIGH COURT DATED:2810212025 CC TODAY ORDER WP.No.6012 of 2025 t\ 1 9TA r €' f, o o 0 4 ll'Afl al6 z o t OF * DISPOSING OF THE WRIT PETITION WITHOUT COSTS {Ac"eA \q- - (6'5