THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.6012 OF 2025

ORDER:

This writ petition has been filed to declare the action of respondent Nos.2 to 4 in issuing the District Gazette Notification No.A3/01/2025, dated 30.01.2025, which was published in Eenadu Telugu Daily Newspaper on 08.02.2025, for acquisition of the graveyard land measuring Ac.0.11 guntas in Sy.No.89 attached to the Dargah Hazrat Sonde Shaheed R.A., situated at Yedulapuram Village, Khammam District, as illegal.

2. Heard Sri A.M. Qureshi, learned Senior Counsel representing Sri Md. Abdul Mateen Qureshi, learned counsel for the petitioners, learned Assistant Government Pleader for Land Acquisition and the learned Standing Counsel appearing on behalf of respondent No.5.

3. With the consent of the respective parties, the writ petition is being disposed of at the stage of admission.

4. Facts giving rise to filing of this writ petition briefly stated are that the petitioners are claiming that they are the Joint Mutawallies of Wakf Institution, namely, Dargah Hazrat Sonde Shaheed R.A., along with Graveyard, Mosque and its attached land situated at Khammam District through proceedings F.No.354/Tel.II/KHM/ 85/B2/Suppl., dated 21.11.2006 issued by respondent No.5 and since then they are discharging the functions of Mutawalli and looking after the management and day to day affairs of the Wakf Institution. The petitioners further stated that respondent Nos.2 to 4 by exercising the powers conferred under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, “the Act”) issued District Gazette Notification under Section 11(1) of the Act on 30.01.2025 for acquiring the subject property along with other properties for the purpose of construction of Munneru Cable Bridge (Cable Stayed Bridge Across Munneru River) and the same was published in Eenadu Telugu Daily Newspaper on 08.02.2025. The petitioners further stated that the subject property is covered with graveyard and the respondents without verifying the same, issued the impugned notification, which is contrary to the provisions of the Act, and that they submitted their representation on 17.02.2025 requesting respondent No.4 not to acquire the graveyard and 80 shops existing in the subject property, but respondent No.4 without considering the said representation, is proceeding further. Hence, the present writ petition.

5. Learned Senior Counsel submits that respondent Nos.2 to 4 without verifying existence of graveyard in the subject land, issued the impugned notification under Section 11(1) of the Act and the same is contrary to the provisions of the Act. He further submits that the petitioners have submitted a detailed representation on 17.02.2025 before respondent No.4 requesting him to consider their claim about existence of graveyard in the subject property, but respondent No.4 without considering the same, is proceeding further.

6. Learned Assistant Government Pleader submits that respondent No.4 will consider the representation submitted by the petitioners and will pass appropriate order in accordance with law and requested this Court to grant reasonable time.

7. Learned Senior Counsel by way of reply submits that the petitioners may be permitted to submit their detailed objections to the impugned notification dated 30.01.2025 and on such objections, respondent No.4 may be directed to consider the same in accordance with law after giving opportunity, including personal hearing, to the petitioners.

8. Having considered the rival submissions made by respective parties and after perusal of the material available on record, it reveals that respondent Nos.2 to 4 issued District Gazette Notification No.A3/01/2025, dated 30.01.2025 under Section 11(1) of the Act proposing to acquire total extent of Ac.03.16 ¾ guntas of land in various survey numbers situated at Yedulapuram Village, Khammam District for the purpose of construction o