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2024 Supreme(Online)(TEL) 753

THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.43382 of 2017

ORDER

This writ petition is filed seeking a Writ of Mandamus, declaring the action of respondents in using the land of the petitioner which is part and parcel of his property bearing H.No.20-4-20/4/A(new), 20-4-

20/4(old), situate at Panchmohalla, New Lad Bazaar, Hyderabad;

    accessing in and through the property of petitioner by way of opening new gate/door of MaccaMazjid towards the southern side outer boundary wall, situated at Charminar, Hyderabad, without issuing notice to the petitioner and without permission of the petitioner, as illegal arbitrary and violative of Article 300-A of the Constitution of India and consequently direct the respondent Nos.1 to 6 to close the said gate/door and not to access through the property of the petitioner.

2. Heard Mr. Mohd. Shanoor, learned counsel for the petitioner; and the learned Government Pleader for Social Welfare and the learned Government Pleader for Agriculture.

3. The case of the petitioner, in brief, as per the averments in the writ affidavit is that the petitioner is absolute owner and possessor of the House bearing H.No.20-4-20/4/A(new), 20-4-20/4(old), situate at Panchmohalla, New Lad Bazaar, Hyderabad, having acquired the same from his father through Hiba (Gift) dated 27.03.2012; that several attempts were made by land grabbers to grab his land and when one Ahmed Qurashi tried to grab his land, he filed OS No.3698 of 2010 and obtained decree against the said person; that in the year 2013 a garbage dumping pit was placed by GHMC at the petitioner’s property and he made representation and the same was removed; that in June 2014, TSSPDCL installed electric transformer in his property and he approached this Court in WP No.16503 and the same was allowed and the transformer was removed; that he sought information under RTI Act from the office of 1st respondent who issued letter dated 06.05.2017 whereunder assurance was given that there is no plan of the Government to capture his premises and that there is no proposal to open a door towards southern side of Macca Masjid over his property without his consent; that the office of Superintendent of Macca Masjid, the 4th respondent issued detailed clarification in its letter dated 25.12.2016 by answering his grievances and acknowledging the title and lawful possession of the petitioner; that the Director of Archaeology and museums Department, Telangana, the 2nd respondent herein had furnished information vide letter dated 14.06.2016 assuring thepetitioner that there is no proposal to open new entry or gate at southern side of Macca Masjid wall over his private land; that the Assistant City Planner, Circle No.5 vide letter dated 20.06.2016 acknowledged the petitioner’s title and possession; that the petitioner sought information under RTI Act on 16.01.2014 with the Director of Twon and Country Planning regarding the plan of Macca Masjid that there is no door on the southern side of Macca Masjid as per the plan; that there is no such record to say that passage gate or entry of Macca Masjid ever existed over the side of petitioner’s property; that in the month of march 2017, some individuals targeted his land to the respondents to open a new gate for Macca Masjid construction service as entry for bypassing in the middle of his property;

    that on 30.03.2017, the petitioner registered his objections before respondent authority and again on 22.08.2017 a reminder was submitted to the respondents regarding his title and possession; that some antisocial elements pressed the respondent authorities to open a gate towards southern side boundary wall of Macca Masjid over the petitioner’s private property; that with the apprehension that a gate may be opened by respondents 1 to 6 over the petitioner’s property, the petitioner got addressed a legal notice to respondents on 01.12.2017 wheein he requested the respondents not to entertain any such misrepresentation on his private property; that



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