High Court · 2025

Petition under Article 226 ol the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleasedtoissueaWrit,oneinthenatureofaWritofMandamusoranyother appropriateWirt,Directionororderdeclaringtheactionofthe2ndrespondentin issuing building permission vide Lr.No.414O72lGWMCl3462l 2024 dated ,17.08.2024 in favour of respondents No.3 and 4 in respect of open plot admeasuring543sq.yardsinSy.No.628/,l,situatedatVaddepalliVillage, Hanamkonda Mandal and District is illegal, arbitrary, contrary to the Greater Hyderabad Municipal Corporation Act,1 955 and consequently direct the respondents 1 and 2 to cancel the building permission granted in favour of the respondents 3 and 4 vide Lr.No.4l4O72tGwMct3462t2O24 dated 17.08.2024 by considering the representations of the petitioners dt.og-12-2o24 and 16-01-2o2s in the interest of justice. lA NO: 1 OF 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 direct the respondents 1 and 2 to cancel the building permission granted in favour of the respondents 3 and 4 vide Lr.No.4't4o72tcwMct3462t2o24, dated. 17.08.2024 by considering the representations of the petitioners dt.og-12-2o24 and 16-01-202s in the interest of justice, pending disposal of the above writ petition. Counsel for the Petitioners: SRI CH.RAVINDER Counsel for the Respondent No.1: cp FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI PASHAM MOHIT, SC FOR MPCL Counsel for the Respondent Nos.3 & 4: -- The Court made the following: ORDER a.:- HON'BLE SRIJUSTICE K. LAKSHMAN WRIT PETITION No.2597 OF 2025 ORALOR.DER: Heard leamed counsel for the petitioners and Mr. Pasham Mohit, learned Standing Counsel appearing on behalf of respondent No.2.

2. Perusal of record would reveal that respondent Nos.3 and 4 have obtained building permit order dated 06.07.2024 and also letter of approval for commencement of work for construction of Stilt for Parking + 3 Upper Floors. The petitioners herein have filed a suit vide O.S. No.66 1 of 2024 in the month of July, 2024 against respondent Nos.3 and 4, seeking perpetual injunction. The same is pending. There is no interim order.

3. According to the petitioners, respondent Nos.3 and 4 have also filed a srit vide O.S. No.1125 of 2024 against the petitioners herein in the month of December, 2024 seeking perpetual injunction' The said suit is also pending. There are no interim orders.

4. The petitioners herein have submitted representations dated

15.11.2024 and 16.01.2025 to respondent No.2 with a request to take action against respondent Nos.3 and 4 and to cancel the building 2 KLI W P No 1597 of2025 permit order daled, 06.07.2024 and letter of approval for work commencement dated 17.08.2024 on the ground of suppression of facts.

5. I,erusal of record would reveal that there are dlsputes between the peritioners and respondent Nos.3 and 4 with regarcl to the subject propertv. The aforesaid suits filed by them seeking perpetual injunction are pending. As discussed above, the building permit order of respondent Nos.3 and 4 is dated 06.07 .2024 and letter of approval for work commencement is dated 17.0g.2024. The petitionerr; have filed the aforesaid suit vide O.S. No.661 of 2024 only in the month of Iluly,2024, rvhereas the suit hled by respondent Nos.3 and 4 is in the month of December,2024. In the light of the same, this Court is of the considered t.iew that there is no suppression /misrepresentat ion of facts by respondent Nos.3 and 4 while obtaining building permil order and letter of approval for commencement of work. Horvever, respondent No.2 cannot consider the inter se disputes behveen the petitioners and respondent Nos.3 and 4. Without considering thr: said aspects, the petitioners herein have submitted the aforesaid representations to respondent No.2 with a request to take action against respondent Nos.3 and 4 to cancel the building permit order and I l I / / 3 KI,J w P No.2597 of2025 letter of approval for commencement of work and filed the present writ petition alleging non-consideration of the said request' Therefore, the petitioners are not entitled for any relief, much less the relief sought in the present writ petition. This writ petition fails and is liable to be dismissed.

6. The present writ petition is accordingly dismissed' Howevef;'tiberty is granted to the petitioners and respondent Nos'3 and 4 to raise all the contentions and grounds which they have raised in the present writ petition in the aforesaid suits and obtain orders for implementation of the same' In the circumstances of the case, there shall be no order as to costs As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed //TRUE COPY// SD/-K.AMMAJI ASSISTANT REGISTRAR .SECTION 6i, OFFICER The Principal Secretary Municipal Administration and Urban. Development - Department, Dr. B.R. Ambedkar Telangana Secretariat, Hyderabad, State of Telangana. The Cbmmissioner, Warangal It/unicipal Corporation, Warangal- One CC to SRI CH RAVINDER, Advocate [OPUC] Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Court for the State of Telangana, at Hyderabad. [OUT] One CC-to SRI PASHAM MOHIT, SC FOR MPCL [OPUC] Two CD Copies e \ To

2. 3. 4.

5. 6. PSK. LS HIGH COURT DATED:3010112025 I ORDER WP.No.2597 of 20Zs 1 \l E.3TAr € 1 t1 BE L 2$6 ( ,(cJ o u t cO \ -\g? c{A a )) aQ DISMISSING THE WRIT PETITION WITHOUT COSTS ,{ r0