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;
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;
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