High Court · 2025
Case Details
Acts & Sections
9. Sri.Abhimanvu Yadav, S/o. Udharam Yadav, Aged Major, Occ Business' R7o. Begum i)azar, HYderabad.
10. Sri.saniay Singh, S/o. Manohar Singh, Aged.Major, Occ Business, R/o. Begum Bazar, HYderabad. ...RESPONDENTS PetitionunderArticle226ottheConstitutionoflndiaprayingthatinthe circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue, a writ, order or orders more particularly one in the nature writ of Mandamus declaring the action of the respondents in not registering the FIR against the unofficial respondents even though the petitioner herein has made a complaint on dated 18.10.2021 and 20.10.2021 against the unofficial respondents for their illegally occupied the wakf land i.e. Dostullah Baig Talim Pir [t/ohammed Ustad attached to lt/osque with graveyard in premises bearing No.'1 5-8-144 (75), admea$uring 272 square yards out of total extent of wakf land is 448 square yards by erecting two heavy iron boxes, trespassing, damaging and alienating the wakf land as well as threatened the petitioner herein to kill with dire consequences by using most gbusive language is as illegal, arbitrary, u nconstitutipnal and gross violation of the prgvision9 of the Greater Hyderabad Municipal Oorporation Act consequently direct the official respondents to consider the representations dated 18.10.2021 and 2Q.10.20? 1 made by the petitioner herein against the unofficial respondgnts and (egister the FIR for their illegal acts and remove the illegal encroachment for the protection of the wakf land in the interest of justice. lA NO: 1 OF 2021 Fetition under Section 151 CPC prayinj that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the representations dated 18.10.2021 and 20.10.2021 made by the petitioner herein against the unofficial respondents and also register the FIR for their illegal acts and remove the illegal encrQachment for the protection of the wakf land by following the due process of law. Counsel for the Petitioner: SRI SYED MUSTAFA QUADRI Counsel for the Rgspondent Nos.1 to 3: GP FOR HOME Counsel for the Rgsporldent Nos.4 to 6: SRI MIDDE ARUN KUMAR, SC Counsef fos th.e Respondent No.7: GP FOR REVENUE Counsel for the Respondent No.8: SRI FARHAN AZAM KHAN Counsel for tfre Respondent No.9: SRI DINESH JAISWAL Counse! for tfie Respondent No.10: SRI SUDHIR SINGH The Court made the following: ORDER I: I ,: iI t t I $ I I I ; t I THE HON'BLE SRI JUSTICE T. VTNOD KUMAR w .P.No. 30078 of 202L OR D ER: The grievance of the petitioner in the presenl Writ Petition is that basing on the complaints made by the petitioner on 18'10'2021 and 20.lO.2O2l, the respondents-authorities are not initiating action bY registering the FIR against the unofficial respondents herein' which action oftherespondentsitiscontendedashighlyillegalandarbitrary.
2. Heard learned Counsel for the petitioner' the learned Government Pleader for Home appearing for respondents 1 to 3' Sri Midde Arun Kumar, learned Standing Counsel appearinq for respondents 4 to 6' learned Government Pleader for Revenue appearing for respondent 7' Sri Farhan Azam Khan, learned Standing Counsel appearing for respondent B, Sri Dinesh Jaiswal' learned counsel for respondent 9 and Sri Sudhir Singh, learned counsel for respondent 10' and perused the \ record.
3. When the matter is taken up for hearing' learned Government Pleader appearing for official respondents submits that the respondents- authoritiesonreceivingthecomplaintsmadebythepetitioner'havemade a GD entry and after causing preliminary enqulry' closed the said complaints on 21.11.2021 by noting the same as "civil in nature"; and that _- 2 the petitioner was also informed of the action taken by sending communication through registered post. 4 I have taken note of the respective submlssions made.
5. Having regard to the submission made as above and since, it is now stated before this Court that a communication through registered post has been sent to the petitioner informing her of the action taken on the aforementioned complaint lodged by closing the same as ..civil nature", this court is of the view that the grievance of the petitioner in the present Writ Petition stands redressed. However, if the petitioner is aggrieved by the said action taken by the respondents_authorities, it is open for her to avail further remedies under Cr.p.C./BNSS. 6 Granting liberty as noted hereinabove, the present Writ petition is disposed of. No order as to costs. 7 Consequently, miscellaneous petitions, if any, pending shall stand closed. r I : //TRUE COPY// SD/. N. SRIHARI DEPUTY REGISTRAR SECTION OFFICER /-, To, 1 2 4 5 6 heerbagh, HYderabad The Comniissioner of Poltce, Hyderabad CitY, B The Depgty Commissioner of Police' West Zone' Hyderabad TheStAtion House Qfficer, Police Station Shahin ayatgunj, HYderabad Greater HYd erabad Municipal Corporation, Tank Bund Road, HYderabad , Rep by its qommlssioner Jhe DeputY Commissioner, GHMC. Circle No.14, Gpshamahal, Hyderabad The Assistan t City Planner, Town Planning, Qircle No 14, GHMC' Gosharhahal, l''lyderabad
7. The TahpildAr, Nampally [t4andal, Hyderabad I The Chief E5ecutive offiper' Telangana State Waqf Board' Hqj House' , [::Btl"'ll"Jill'r,."" euadri, Advocate ropucl -ca^r..r I
10. Two QCa to GP for Home, High Court for the State of Telangqn4' at HyderaFad [OUT]
11. Qne QQ' to Sr.i Midde Arun Kumar, SC[OPUCI l2,TwoQQtoTheGPtprRevenue,HighCourtforthoStateofTelangana,at glyderapadIQUrl I 13 Qne QQ to Farhan Azam Khan, SC IOPUC] 14 One Cg lo qri prnesh Jaiswal, Advocate[OPUC] 15 One CC to Sri Sudhir Singh, Advocate 16 Two CD Copies TJ SS ?^c^' HIGH COURT DATED:30t0412025 \ I ORDER WP.No.30078 of 2021 ( q c o Hi:- S TA fe 2 6 t'tAY 2025 '/ c )a' O5 .SPATCH6-O CLOSING THE WRIT PETITION WITHOUT COSTS ,Y\q, ,-b s l"f i n 4 J i/ t I ; i t .'l J t : k