Sri Srinivasula Reddy Vakati v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therdwith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the high handed and illegal action of the respondents more particularly respondents no.3 herein by issuing the Shortfall lntimation Letter vide File No.012259/GHMC/563315LP212O24-BP dated O711212024, in respect of petitioner's property i.e., all that the Southern Part of PIot No.219, admeasuring 150 Sq. Yards., out of 300 Sq. Yards., forming part of Sy.Nos.78 to 93, situated at Raja Rajeswara Nagar, Kondapur Village, Serilingampally Mandal and Municipality, Under GHMC, Ranga Reddy District, and that the prima facie title is not established, as illegal, arbitrary, in violation of Articles 14,21 and 300- A of Constitution of lndia, in violation of GHMC Act, and to consequently set aside the Shortfall lntimation Letter vide File No.012259/GHMC/5633151P212024-BP daled 07 -12-2024, in respect of petitioners property i.e., all that the Southern Part of Plot No.219, admeasuring '150 Sq. Yards., out of 300 Sq. Yards., forming part of Sy.Nos.78 to 93, situated at Raja Rajeswara Nagar, Kondapur Village, Serilingampally Mandal and Municipality, Under GHMC, Ranga Reddy District. *v ,// / / lA NO: 1 OF 2025 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Shortfall Intimation Letter vide File No.012259iGHMCI5633/SLP212O24-BP dated 07-12-2024, i.e., a[ that the Southern Part of Plot No.219, admeasuring '150 Sq. Yards., out of 300 Sq. Yards., forming part of Sy.Nos.78 to 93, situated at "Raja Rajeswara Nagar", Kondapur Village, Serilingampally Mandal and Municipality, Under GHMC, Ranga Reddy District, pending disposal of the above writ petition, pending disposal of the above writ petition. Counsel for the Petitioner: Ms. SHAKERA BANU Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2 & 3: SRI RAPARTHI VENKATESH, SC FOR GHMC The Court made the following: ORDER ,// HON'BLE SRI JUSTICE K. LAKSIIMAN WRIT PETITION N0.580 0F 20.25 ORAL ORDER: Heard Ms. Shakera Banu, learned counsel for the petitioner, learned Assistant Government pleader for Municipal Administration and Urban Development for respondent No. 1 and Sri Raparthi Venkatesh, learned standing counsel appearing for respondent Nos.2 and 3. Perused the record.

2. Petitioner is claiming that he is the absolute owner and possessor of Northern paft of plot No.219, admeasuring 150 sq.yds., out of 3OO sq.yds., forming part of Sy.Nos.78 to 93, situated at .Raja Rajeswara Nagar', Kondapur Village, Serilingampa_lly Mandal & Municipality, on the strength of a registered sa,le deed bearing document No.13O94 of 2024, d,ated, 12.OT.2024. He has submitted an application dated 2g.1O.2O24 v.rrttr respondent No.3 with a request to accord permission for construction of house under TS_bPASS portal by way of 2 Self Declaration and Self Certification' Thereafter' respondent No.3 has issued Shortfail Intimation Letter dated 07.12.2024 stating that as per the report sirbmitted by the SDC, LAo on 2L.ll-2O24, the subject property is recorded as ULC land. Therefore, respondent No.3 requested the petitioner to submit ULC clearance certihcate from the concerned authorities' Petitioner herein has submitted explanation dated O2'O|'2O25 stating that in similar circumstances, this Court has set aside the Shortfall notice, etc- Respondent No'3 cannot go into serious title disputes and respondent No'3 has to consider prima facie title and possession of the petitioner over the subject ProPertY.

3. Learned counsel for the petitioner has placed reliance on the order dated 09.L2.2O24 in W'P'No'34561 of 2024. Vide the said order, this Court directed respondent Nos.2 to 4 to process the application dated O1.O5.2O23 submitted by the petitioner therein for grant of building permission without insisting for production of ) Clearance certilicate/NOC from the ULC authorities and pass necessary orders thereon, by considering the order dated 28.03.2017 tn W.P.No.21580 of 2008 and batch. It is also made clear that any orders likely to be passed by the authorities concerned shall be subject to the hnal orders in W.A.No. 166 of 2018 and that the petitioner shall not claim any equities in case any adverse orders are passed in the said writ appeal, etc. Petitioner herein is also standing on the very same footing. To maintain parity, he is also entitled for the same relief.

4. In the light of the said submission, this writ petition is disposed of directing respondent No.3 to consider the application dated 29.1O.2024 submitted by the petitioner under TS-bPASS portal seeking Building permission I t without insisting for production of clearance certificate/NOC from the ULC authorities. Respondent no.3 shall consider the order dated 28.O3.2077 in W.P.No.21580 of 2OO8 and batch. However, it is made clear that any orders likely to be passed by the l r. authorities concerned shall be subject to the final orders in W.A.No. 166 of 2O18 and the petitioner shall not claim any equities in case any adverse orders are passed in the said writ appea.l. In case of alienation, petitioner shall inform the purchasers about the pendency of litigation and that Building permission if any granted shall be subject to the final orders that may be passed in W.A.No.166 of 2OlB. Respondent No.3 shall complete the said exercise within a period of four (4) weeks from the date of receipt of copy of this order. In the circumstances of the case, 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/-MOHD. ISMAIL ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Hvderabad. Buildings, HYderabad.

1. The Principal Secretary (M A U D), The State of Telangana' Secretariat 2. ih; C;;;#sioner, Tne Greater Hvderabad Municipal corporation' s. Tt;Z;"Iicommissioner, Serilingampally Zone' GHMC' Ranga Reddy 4. d;'c'c to SRI sHAKERA BANU, Advocate [oP-U-c] s. 6n; dc i; sFii nnCAnrnrVEtli<aresH, s9-Fo-B-GH!'lc.-t9P.t'lcI 6: i;; cc.io-ci Fon MuNlclPAL AD-MlNlsrRATloN & URBAN " D'EVEioiMElrr, riigh corrt for the State of Telangana' [oUT] 7. Two CD Copies District. BN BS q- l-"'- t* HIGH COURT DATED:0810112025 ORDER WP.No.580 ot 2025 ;rE S Ie a6 1 ( 3 ?t JAit 2[?5 t O5Sr,ITCHrC- (( I i DISPOSING OF THE WRIT PETITION WITHOUT COSTS @'19 %{,s