The High Court · 2025

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 suspend the impugned Letter vide Lr.No. 010191/GHMC/4698/SEC212024-BP, dated 26-'1 1-2024, in respect of Petitioners' Plot bearing house bearing Municipal Nos.37-1 '1611 7 (PTl No. I 170902588) and 37-12313 (PTt No.1170903324), on Plot bearing No.86 and Part of Plot bearing No.87, admeasuring 390.00 Square Yards equivalent to 326.04 Square Meters, with a builtup area of 3723.00 Square Feet of R.C.C., in Survey No.277, Situated at "SHREE COLONY", RAMAKRISHNAPURAM, Under GHlr/C Malkajgiri Circte, Medchal-Malkajgiri District, Telangana State thereby direct the respondents to accord the building permission based on petitioner's application dated 1 B I Og I 2024, vide f i le No. 0 1 0 1 9'l iG H MC/469BiS EC 21 2O24-BP . Counsel for the Petitioner: SRI E. VENKATA SIDDHARTHA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRAT|ON & URBAN DEVELOPMENT Counsel for the Respondent No.2 to 5: SRI MIDDE ARUN KUMAR, SC FOR GHMC The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.2165 of 2025 ORDER: Heard learned counsel appearing lor the petitioners and Sri Midde Arun Kumar, learned Standing counsel appearing for respondent Nos.2 to 5. Perused the record.

2. Petitioners herein are claiming that they are the absolute owners and possessors of houses bearing Municipal Nos.37- 1 16l 17 (Frll No. I 170902588) and 37-12313 (PTI No.ll7O9O3324), on plot Nos-86 and 87-Part, admeasuring 390 Sq. yards, in Sy.No-277, situated at Shree Colony, Ramakrishnapuram, under Malkajgiri Circle, GHMC. In proof of the same, they have filed copies of sale deeds and building permit order, dated 0I.12.1988. They have submitted an application dated

18.O9.2024 with respondent - corporation seeking permission for construction of Stilt for parking + 4 Upper floors. The same was rejected vide rejection letter, dated

26.11.2024. Challenging the said rejection letter, petitio,ners {iled the present writ petition. KL,J W.P.Nn.2t65 of 2025 )

3. Perusal of the said rejection order, dated

26.11.2024 would revea-l that the sarne was rejected on the following grounds: " Kindly peruse the remarks given by the SDC- LAO(H.O) u,herein has stated that at 1) As per available records of ULC list under 1O(6) list of ULC Act-I976, The Survey No.2Z7 of Malkajgiri village and mandal, Medchal-Malkajgiri District is recorded, whereas the Survey No.277 /p is recorded. 2) As per available Govt. Land list supplied by the O/o.Collector, Medchal-Malkajgiri District, The Survey No.277 of Malkajgiri village and mandal, Medchal-Malkajgiri District is not recorded, whereas the Survey No.277 lP is recorded. 3) As per available Prohibited Properties of Registration and Stamps of T.S. The Survel, No.277 of Malkajgiri village and mandal, Medchal- Malkajgiri District is recorded. Hence on the above said reasons the file may be returned and the same may be intimated to the applicant accordingly."

4. According to the petitioners, respondent No.4 rejected the said letter beyond 21 days of making of --7 KL,J W-P.No.2 165 of 2025 application without issuing any Show Cause Notice and affording an opportunity to the petitioners herein.

5. As rightly contended by the petitioners, they have submitted application on 18.O9.2024 to respondcnt No.4 seeking building permission under TS-bPASS by way of self-declaration and self-certification. As per Section 7 of TS-bPASS Act,2O2O respondent No.4 has power to post verify the documents submitted by the petitioners within 21 days. However, the said 21 days period mentioned in Section 7 of TS-bPASS Act, 2O2O is not mandatory. It is only directory as held by this Court in judgment reported in Smt. Lalitha Srikrish v. The State of Telangana, rep.by its Principal Secretary, MA & UD, Secretariat, Hyderabadl. Therefore, respondent No.4 can verify the documents beyond 21 days. However, he has to issue Show Cause Notice to the petitioners herein belore rejecting the said application, dated 18.09.2024. In the present case, respondent No.4 issued impugned rejection '. w.l'. N,,.16.156 ull02l. decidcrl orr 17 01.1022 .l W-P.No.2ltr5 ol 2025 r' letter, dated 26.11.2024 without issuing Show Cause Notice to the petitioners herein and without affording an opportunit.y to them.

6. While granting the buitding permit order, respondent No.4 shall consider prima facie title and possession of the petitioners over the subject property. He cannot go into the title including aspect that the subject property is a Government land. It is the specific contention of the petitioners that they have already obtained building permit order, dated 01.12.i99g from the then Malkqjgiri Municipality. Therefore, now respondent No.4 cannot say that the subject property is Govrnment land. Respondent No.4 cannot adjudicate title disputes. The said principle was also laid down by this Court in lfgd.erabad. Potteries priaate Limited, Hgderabad District a. The State of Telangana2 arrd A. Shaliaahana Redd.g a. The Sto:te oJ Telanganat. t zoot(:) nlrt roo r W.P. No.ta88t oft0t0. decided on 2i.tt.2O2O 'I I KL,J W.P.No.2l65 of 2025 -5

7. In the light of the aforesaid discussion, viewed lrom any angle the impugned rejection letter, dated

26.11.2024 of respondent No.4 is liable to be set aside and accordingly it is set aside. Matter is remanded back to respondent No.4 with a direction to consider the application, dated 18.09.2024 sttbmitted by the petitioner and the principles laid down by this Court in aloresaid judgments and take action, strictly in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

8. Accordingly, this Writ Petition is disposed of. There shal1 be no order as to costs. As a sequel, the miscellaneous petitions, if any, p ending in the Writ Petition sha,ll stand closed. //TRUE COPY// ASSIST .TIRUMALA DEVI REGISTRAR S CTION OFFICER \' &L^,

1. The Principal Secretary (tvlAuD), The State of-Telangana, lvlunicipal Tankbund Road, Hyderabad Administration and Ur6ah Deveiopment (MAUD) Secretariat Buildings, Hyderabad. Z. t6i Commissioner, The Greater Hyderabad Municipal Corporation(GHMC), 3. The Deputy Commissioner, Circle No. 28,Jt/alkajgiri Zone' GHMQ 4. fie Zohal Commissioner, Secunderabad Zone, IValkajgiri, GHTMC' 5. tlie Assistant City Planner, GHMqr Malkajgiri 4one, Circle No 28, Hyderabad' 6. One CC to SRI E. VENKATA SIDDHARTHA, Advocate [OPUC] 7. One CC to SRI MIDDE ARUN KUMAR, SC FOR GHrvlC IOPUC] 8. Two CCs to GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT, High Court for the State of Telangana [OUTI Hyderabad.

9. Two CD Copies HIGH COURT DATED:2710112025 I ( ORDER 1 TA WP.No.2165 of 2025 r) 0 5 FEB 2[25 * .rr DISPOSING OF THE WRIT PETITION WITHOUT COSTS