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2025 Supreme(Telangana) 849

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, J.
Mohammed Bahadur Ali - Appellant 
Versus 
State of Telangana and others - Respondents  
WP No.255 of 2025
Decided on : 06-01-2025

Advocates Appeared:
For the Appellant : M. Mehdi Hussain
For the Respondent: Assistant Government Pleader for Municipal Administration and Urban Development; Raparthi Venkatesh (Standing Counsel for GHMC), Farhan Azam Khan (Standing Counsel for Waqf Board),

Court emphasized the duty of public authorities to act promptly in protecting community resources, specifically in safeguarding graveyards from encroachment.

Headnote:(A) Writ Jurisdiction - The Constitution of India - Article 226 - Graveyard protection - Petitioner sought action against land encroachment on a graveyard recognized by Waqf board. Respondent directed to consider petitioner's representation and ensure protective measures for the site. (Paras 2-4)

(B) Judicial Review - Writ petitions serve to prompt authorities to act diligently in public interest where inaction threatens community resources. (Paras 2-3)

Facts of the case:
Petitioner, a resident, petitioned for protection of a graveyard; representation to authorities went unaddressed, prompting writ action.

Findings of Court:
Respondents directed to act within six weeks to address encroachment and consider construction of protective measures.

Issues: The issue centered around the authorities' inaction toward the graveyard's protection.

Ratio Decidendi: The court emphasized the necessity for prompt governmental action concerning public interests, particularly in safeguarding community resources like graveyards.

Result: Writ petition disposed of with directives to authorities, no costs awarded.

ORDER :

K. LAKSHMAN, J.

Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri Raparthi Venkatesh, learned Standing Counsel appearing for respondent Nos.2 and 3 and Sri Farhan Azam Khan, learned Standing Counsel appearing for respondent No.4. Perused the record.

2. Petitioner is resident of Aliabad, Hyderabad. According to him, there is a Graveyard in Municipal door No.18-5-616, admeasuring 503 Sq. yards, situated at T.S.No.3, Ward No.271, Block-A, Aliabad, Hyderabad. There are certain graves existing at present. The said graveyard was published vide Gazette No.22A, dated 07.06.1984 of Waqf board. Land grabbers are trying to encroach the same. Therefore, he has submitted a representation dated 26.11.2024 to respondent No.3 with a request to construct a compound wall, to protect the said Graveyard from illegal encroachments. Despite receiving and acknowledging the said representation, respondent No.3 did not act upon the same. Aggrieved by the said inaction of respondent No.3, petitioner filed the present writ petition.

3. Whereas, Sri Raparthi Venkatesh, learned Standing Counsel appearing for respondent Nos.2 and 3, on instructions, would submit that respondent No.3 will consider the representation dated 26.11.2024 submitted by the petitioner and take action, strictly in accordance with the procedure laid down under law.

4. In the light of the said submission, this writ petition is disposed of directing respondent No.3 to consider the representation, dated 26.11.2024 submitted by the petitioner, inspect the site and take all necessary steps to protect the said Graveyard. He shall also take a decision with regard to construction of compound wall for protection, etc. He shall complete the said exercise within a period of six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.

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