Mumtaz Yarud-Dowla Waqf. v. State Of Telangana

I 3383 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION NO: 31317 OF 2025 Between:

Mumtaz Yarud-Dowla waqf., Rept by its secretatY, Md Dastageer Ali Khan, s/9 -!d Atiii Afi Khrn, ag"d bO ye'ais, Occ. Secretary of lMumtaz Yarud Dowla W.aQf,, Office oi trrtrrtai iiiudOowla Waqf at Hno.5-9-919, Gunfoundry, Abids, Hyderabad-1 ' ...PETITIONER AND by its Principal Secretary to Government, rnt Hyderabad.

State of Telangana, represented Municipal Administration Departme

2. Greater Hyderabad Municipal Corporation, represented by its Commissioner, GHMC Buildings, Tank Bund, Hyderabad

3. The )onal Commissioner, Circle No.17., Central Zone, Office qt-Khairatabad noiO,- faj -fnciire, Khairtabad, llyderabad,. Telangang 500!,91 Zonal Commissioner lKhaiiatabad Zone), Erirai l. zcc. ghmc@gmail.com Phone. 040- ,23322978

4. The Assistant City planner, Circle No.17., Central Zone, Offiq-e. at Khairatabad Ro;A; Td enctav6,' t<hairta'bad, Hyderabad, Telangana 500004'

5. Mr. B. Murali, S/o B. Ranga Swamy, Proprietor of Sri Krishna Hotel, thoq No.aand 2., Oearing frlurircipal trto.O-t-tdAt and 6-1-1082, Mumtaz Yarud Dowla Waqf, Lakdikapul, Hyderabad-500004.

6. Mr. Venkat Krishna, S/o B. Ranga Swamy, Co-Proprietor of Sri Krishna Hotel, Snop-No.i iia 2., bearlng Mlnicipal. Ng o_119!1 and 6-1-1082' Mumtaz Yarud Dowla Waqf, Lakdikapul, Hyderabad - 500004.

7. The Telangana State Waqf BogIQ,_ Fep. by its chief Executive officer, House, NamPallY, HYderabad = 500001 Haj ...RESPONDENTS petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in :

the nature of Writ of Mandamus declaring the inaction of the officials respondents :.

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.1 in not removirrg the illegal and unauthorised constructions made by the Respondent No. 5 and 6., over the premises Sri Krishna Hotel and Lodge., at property bearing Shop No.1 and 2., tvlunicipal Hno.6-1-1081 and 6-1-1082, [/lumtaz Yarud-Dowla Waqf Complex, Lakdikapul, Hyderabad, 500 004., Telangana Statt;., as illegal, arbitrary, and violation of Articles 14, 21 and 300-4 of the constitu':ion and consequently direct the respondents herein to take immediate action for.dismantling the illegal constructions over the premises No. Sri Krishna Hotel and Lodge., Shop No.1 and 2., bearing Municipal Hno.6-1-1081 and 6-1 -1082, lt4umtaz Yarud-Dowla Waqf Complex, Lakdikapul, Hyderabad, 500 004., Telangana State.

lA NO: 1 OF 20its Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd to 4th Respondents herein to consider the representation of the petitioner dated 01-09-2025 and pass necessary orders in accordance with law forthwith, pendirrg disposal of the main writ petition, in the interests of justice. Counsel for the Petitioner : SRI SRIDHAR LONKALA Counsel for the Respondents No.l : GP FOR MCPL ADMN URBAN DEV Counsel for Re:;pondents No.2to4 : SRI M.ARUN KUMAR, SC FOR GHMC Counsel for Re:;pondents No.5&6 : SRI K.ARAVIND GOUD Counsel for the Respondent No.7: SRI FARHAN AZAM KHAN, SC FOR WAKF The Court made the following: ORDER

( HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY \IIRIT PETITION No.31317 of 2O25 DATE OF ORDERz 24.t2.2O25, BETWEEN:

Mumtaz Yarud-Dowla Waqf Rep. by its Secretary ... Petitioner AND The State of Telangana, Rep. by its Prl.Secretar5r and 6 others Respondents : ORDER:

This writ petition is filed to declare the action of the official respondents in not removing the illegal and unauthorized j, ii constructions made by respondent Nos.S and 6 over the premises bearing Municipal No.6-1-1081 & 6-1-1082, Mumtaz Yarud-Dowla Waqf Complex, Lakdikapul, Hyderabad-Soo 004, t \ Telangana State, as illegal, arbitrar5r and violation of Articles 14, 21 and 300-A of the Constitution of India and for consequential relief.

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2. Sri L.Sridhar, learned counsel for the petitioner, Sri M.Arun Kumar, learned Standing Counsel for respondent Nos.2 ii .1

to 4 and learned counsel for respondent Nos.S and 6, are present.

3.

Learned counsel for the petitioner, on instructions, would submit that subsequent to the filing of the writ petition, the respond:nt Corporation has taken steps and the illegal and unauthcrized constructions raised by respondent Nos.S and 6 have ber:n removed. Therefore, no further orders are required to be passed in this writ petition.

4.

In the light of the aforesaid submission of learned counsel for the Fretitioner, the writ petition is closed. There shall be no order as to costs.

. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. { SD/.P.PONNA KRISHNA ISTANT REGISTRAR ii rl t.

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//TRUE COPY/ SECTION OFFICER \ To,

1. ONE CC: tO SRI SRIDHAR LONKALA, AdVOCAIE

2. Two CC:s to GP FOR TVICPL ADMN URBAN DEV, High COUrt fOr thc StAtE Of Telangerna. [OUT]

3. ONC CC; tO SRI M.ARUN KUMAR, SC FOR GHMC. TOPUC] ONC CC; tO SRI K.ARAVIND GOUD, AdVOCAIC. [OPUC] ONE CC: tO SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD. IOPUC] Two CD Copies.

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It HIGH CoURT DATED:2411212025 tl J:

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ORDER

WP.No.31317 of 2025 GLOSING THE WRIT PETITION WITHOU'T COSTS