lvlohammed Jabir Ahmed v. 1. The State of Telangana

Petitioner: SRI M.A.K.MUKHEED Respondent No.1: GP FOR GENERAL ADMINISTRATION Respondent Nos.2 TO 4: GP FOR REVENIJE Respondent No.5: SRI PUTTA KRISHNA FIEDDY, SC FOR MPCL Counsel for the Respondent No.6: SRI FARHANB AZAM H:HAN, SC FOR TSWB The Court made the following: ORDER f, l / THE HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.33249 OF 2025 ORDER: Heard Sri M.A.K. Mukheed, learned counsel appearing on behalf of the petitioner, the learned Government Pteader for Genera! Administration appearing on behalf of respondent No.l, the learned Government Pleader for Revenue appearing on behalf of respondent Nos.2 and 3, Sri Putta Krishna Reddy, learned Standing Counsel for Municipalities, appearing on behalf of respondent No.5, and Sri Farhand Azam Khan, learned Standing Counsel for the Waqf Board, appearing on behalf of respondent No.6' 2 The oetitioner aDDroached the Court seekinq r er as un "...to issue a writ, order or direction more particularly one in the nature of WRIT oF MANDAMUS declaring the action of the Respondents more particularly Respondents No.1 & 3 in not taking any action against the Respondent No.4 who is continuously sending letters to various departments seeking clarification regarding the land in Sy.No.330/2 to an extent of 3111.1 Sq. yards, situated within the ) *.".no.arrO, orrt*i " o limits of Bhainsa Municipality, Bhainsa. Nir-nal District, Telangana State, and encouraging rhe locals, misgulding them to clai the MuniciPal ilornpJs' tt waqf property without .m j"::.:r,il ittesa r, a rb itra, u justice, consequently direct the Responcents more "tJ; particularly Respondents No.1 & 3 to conduct thorough enquiry into the representation of the petititner dated 18.09.2025 to safeguard the Commercial Complex of Bhainsa Ivunicipality in Sy.No.330/2 to an extent ot 3111.1Sq. yards, situated within the limits of Bhainsa Municipality, Bhainsa, Nirmal District, f<:langana ::' lli ",",'u1'. State. .. "

3. The case o h e itioner rt f s er t e t n r i) rn sup avermen ade inthe ffid av,tf led bv rt of the fesentwrit oetition ls as !_t!csr The petitioner, who is the former Chairma n and Vice Chairperson of Bhainsa Municipality, obtained rj,)vernment land in Sy.No.330/2 to an extent of Ac.0.15 guntas in 2OO2 for construction of the e_Seva complex under Government schemes. The complex was built on allotted Ianci and leased as per the Municipal Act. @/ // // ,l / 3 SN,J !v.P.No.33249 of 2025 ii) In 2015-16, one Abdul Mohsin falsely alleged that the complex was built on Waqf land. However, oFficial surveys by the Assistant Director, Survey & Land Records, and inspection by the Telangana State Waqf Board confirmed that the complex stands on Government land, and the adjoining graveyard lies separately. This Court in W.P. (PIL) No.124 of 2016 also held that the property is not Waqf land. iii) Despite these findings, the 4th respondent-Additional Collector has been entertaining baseless complaints and issuing repeated letters to the petitioner calling for reports. The petitioner submitted representations and RTI applications to the higher authorities in September 2025 seeking action against the 4th respondent, but, no response was received. Aggrieved by the same, the petitioners filed the present writ petition.

4. PERUSED THE RECORD: A) The releva t Dort on of the re ort of s ond o.5- n r Bh insa M vide Lr. No.G1l1O4l2023 dated L3.O2.2O23 addressed ELr. I I i 4 SN.J \\' P.No.ll2{9 of 2025 the res dent No. eCollector :rnd Distri M ao istrate, Nirmal. is extracted hereunder: "ln this regard it is respectfully subrritted that the Abdullah Khan grave yard in Sy.No. 33Cl,2 extent 3111.1 sq yard existed to the southerr side of municipal shopping complex. That the murricipality constructing SC Shopping complex in the govr:rnment land not in the patta land. That the pqtiEislel times aooroa ched Hon'bl e courts to several claim the land as waof I nd and Datta la nd which is illeoal and all ocu mentarv evidences shows that the land belonos to the oovernment which is earlier acouired bv the town comm ittee i.e Bhainsa municipalit in the vear 1950 for cattle ma rket. Hence I am submitting detail report a ong with enclosing reference cited documents for your kind perusal and necessary action. " DISCUSSION AND CONCLUSION:

5. It is the specitic case of the petitioner that the land in Sy. No. 330, to an extent of Ac. 4.00. was purchased by Bhainsa City Municipality. Bhainsa, in the year 1954-55 for the purpose of establishing a cattle market. However, the Government did not proceed with the said purp,tse, and the / ) SN,J \1.P.No.33249 of2025 subject property continued to remain under the possession of Bhainsa Municipality. It is submitted that for the past one year, one Mr. Abbul Mohsin, a land grabber, has becn attempting to take possession of the said property. Aggrieved by the same, the petitioner submitted a detailed representation dated 18.09.2025 to respondent Nos. 1 to 3, requestiiig them to conduct a detailed enquiry pertaining to tne land in Sy. Nc. 330 to an extent of Ac. 4.00. Though the said representation was acknowledged by the offices of respondent Nos. 1to 3 in September 2025, no action has been initiated in this regard till date.

6. Learned counsel appearing on behalf of the petitioner places reliance on the detailed report vide Lr. No. GL/LO4/2023 dated L3.02.2023 of the Commissioner, Bhainsa Municipality, addressed to the Collector and District Magistrate, Nirmal District (referred to and extracted above) and contends that even in the said report, there is a clear finding that the subject land in Sy. No. 330 belongs to the Government and had been acquired by the Town Committee, i.e., Bhainsa Municipality, in the year 1950 for I I i i I I I 6 ,".".n".aarn, the purpose of establishing a cattle market. The learned counsel further contends that, based on the s;aid report, the petitioner is entiued for the relieF sought for in the present writ petition. "rrail,j

7. Lear ed cou ns e rtn n behalf of er fu er su mits th t 3 a be ed o on U I eti ron er's t I

09.2 25 tno ert s t c m II ofB atn aMu ni o 2 toane nt of 31 1 1s n ent N s. 1 an h an dd eta iled a e re en tati n ard t e Com m ercial it ate rn Sv, No. a ds w thi of Bhai saM un District Tela nqanaState. al t Bha Nir

8. Le sts a t G v I e o e n c es ids e tn on be alf f t P e d r ,2 and 3d e b t n l

9. TAKING INTO co s DE TIoN: .l,j ,/i l SN,J W.P.No.332,19 of 2025 a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behalf of the petitioner, and the tearned Assistant Government Pleader appearing on behalf of the respondent Nos.2 and 3, c) The contents of the detailed report dated L3.O2.2O23 of the Bainsa Municipality addressed to the Collector and District Magistrate, Niramal pertaaning to land in Sy.No.33O/2 to an extent of

3111.1 Sq. yards situated at Bhainsa, d) The contents of the petitioner's representation dated 18.O9.2O25 addressed to the respondent Nos.1 to 3 herein which had been acknowtedged by the office of the respondent Nos.1 to 3 herein in September, 2O25 itself, The W Petition is disposed of, i rectino .1 and 3 to con sider the qri vance of resDond the Detitioner as --P!tt forth in the Detiti oner's 8 s\,J \\.I'.\0.312{9 of2025 reDresentation da d 18.O9.20 25, addressed to resDondent Nos. 1 to3 which had acknowledqed bv their offices in Septe er 2025 perta in inq to cond uct of an eno uirv ancl initiation of aoD oriate a he Commercial Comolex of Bhainsa Municioalitv situated in Sv. No. 330t2. to an exten of 3111.1 So. vards. within the limits of Bhainsa Municioalitv ion to Bhai sa Nir feq ua rd District Telanqana State and oas aporooriate ord ers on the Detitioner's reDresentat ion dated 18.09.202s du V takino into consideration the reDort of Commissioner, Bhai nsa Municipalitv, addressed to the Collector and Distri Mao istrate. irmal Di letter dated 13.O2. 023 (referre to and ex racted rh ove I wh irh clearl rds a finrl t h b e Town Committee, i.e,, B ainsa Munici Dalitv. in the vear 195O for the ouroose of establishino a ciattl market, n within a oeriod of four weeks from the date of recei Dt of a coov of his order, in accordance to law, i nconformitv with D nncr ce bv Dles of natural iusti t / h To 9 SN.J !V.P.No.33249 of 2025 rssu i n notice to all eoncerned a e the decision on the s id reDresentatio n dated 18.09.2025 to the oetitioner herein. Howeve duly comm I shall be no or er as to costs. Miscellaneous petitions, if any. pending in this Writ Petition, shall stand closed. SD/. C.DEEPIKA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER yderabad, State of

1. The Chief Secretary, Govt. of Telangana, Secretariat,

2. The Piincipal Secretary, Revenue Department, Secretariat, Hyderabad, State

3. The District Collector, Nirmal District, Telangana State. 4- The Additional Collector, (Local Bodies), Nirmal District, Telangana State. 5. The Commissioner, Bhainsa Municipality, Bhainsa, Nirmal District, Telangana Telangana. . of Telangana. State.

6. The Chief Executive Officer, Telangana State Waqf Board, Haj House, Ratak Manzil, Nampally, Hyderabad, Telangana State. 7. One CC to SRI IV.A.K.MUKHEED, Advocate [OPUC] 8. One CC to SRI PUTTA KRISHNA REDDY, SC FOR MPCL [OPUC] 9. One CC to SRI FARHAND AZAM KHAN, SC FOR TSWB [OPUC] 1 0. Two CCs to GP FOR GENERAL ADMINISTRATION, High Court for the State of Telangana, at Hyderabad. [OUT] 1 1. Two CCS to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] 1 2. Two CD Copies PSK I'KS h;, 'J HIGH COURT DATED:0311112025 ORDER WP.No.33249 of 2025 S'tAr i I i.) )/, \ \ t[t 1't\ ..-.(, \^,rri .^ nr.-s{. i: -.- 4 l') i 1r i,,t' DISPOSING OF THE WRIT PETITION WITHOUT COSTS @1 u \v