High Court · 2025

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or a direction, more' pa rticula rly one in nature of Writ of Mandamus declaring the action of respondents in rejecting the petitioner online building permission application No.5 for the petitioners land admeasuring 175 Sq. Yds. situated at Annasagar Village, Damargidda Mandal, Narayanpet District, Telangana ,without specifying the court case details as illegal, arbitrary, against the principles of natural justice and violation of Article 14,21 and 300-4 of the Constitution of lndia and consequently the Setaside the rejection order (201112025) and direct the respondents to pass orders afresh on Online Building Permission application No.5 dated 3011212024 for the petitioners land admeasuring 175 Sq. Yds. situated at Annasagar Village, Damargidda Mandal, Narayanpet District, Telangana and may also be directed to grant building permission if no court case is pending, and also declaring the action of the l respondents in rejecting the above online application for construcl:ion without specifying the court case details as arbitrary' uniust and violative of Article '14' 21 and 300-A of the Constitution of lndia IA NO :1 OF 2025 Petition under Section 151 CPC praying that in the circumstetnces s in the affidavit filed in support of the petition' the High Court may b'3 pleas direct the respondents to pass orders afresh on Online Building Permi Application No.5 dated 3o11212024 for the petitioners land admeasuring 17 yds. situated at Annasagar Village, Damargidda [Iandal, Narayanpet Di Telangana, grant builcling permission if no court case is pending' pe disposal of the writ petitir:n in the interest of equity of justice' ed to 5sq strict, Counsel for the Petitioner: M/s' OM LAW FIRM Counsel for the Respondent No'1 & 2: GP FOR PANCHAYAT RAJ IIURAL DEV counser ror the Respondent No.3: sRl R'cHANDRiS[tffi'fFi 3Jiloro, The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.2632 of 2025 ORDER: This Writ Petition is filed challenging the order of respondent No.3 dated 21.O1.2025 rejecting the application of the petitioner for building permission on the ground that there is a court case Pending. 2 Learned counsel for the petitioner submitted that there is no Court case pending with regard to the subject Ia1d. Learned counsel for the petitioner has also drawn the attention of this Court to the earlier litigation IN W.P.No. 13655 of 2Ol7 which has been disposed of by this Court uide orders dated 28. 10.2024 setting aside the memo dated 18.03.2017 issued by respondent No.2 from resuming the land of the petitioner on the ground that it is Government land. The said memo has been set aside by observing that the petitioner has admittedly been in possession of the property for more than forty years and therefore, he cannot be deprived of his rights or possession over the subject property without following due process of law. Learned counsel for the 2 wp 2632 2025 petitioner further submitted that after dispo sal of the said Writ Petition, the petitioner made an application fcr building permission and the respondents rejected the application stating that "DUE TO COURT CASE HENCE REJECTED", without there being aly Court case pending

3. Resporrdent No.3 f,rled a counter affidavit claiming that the lald, on which the petitioner is in possr:ssion. is Government lerrd and therefore, the responrients want to resume the same

4. Having regard to the riva_l contentions ard the materia_l on record, this Court finds that it is admi tted that the said land w,as handed over to the petitioner,s father in the year 1978 and thereafter, a memo was issued for resuming the land from the petitioner, but the said memo has already been set aside by this Court. Therefore, the respondents cannot resume the land without following the due process of law. Further, rvithout there being any Court case pending in respect of the said propertjr, the respondents should r:ot have rejected the buiJding permission by order d.ated 2O.O1.2O25 giving the said reason. In view of the same, this Courl deems 1 t I i I I I :7/ 3 wp 2632_2025 it frt and proper to set aside the impugned rejection order dated 20.01.2025 and direct the respondents to consider the application of the petitioner seeking building permission in accordance with law without reference to the memo dated LB.O3.2OL7, which has already been set aside by this Court by its order dated 28. lO.2O24 in W.P.No. 13655 of 2O 17.

5. With the above observations and directions, this Writ Petition is allowed. There shall be no order as to costs. 6 Miscellaneous applications, if any, pending in this writ petition, shall stald closed. SD/- P. PADMANABHA REDDY T REGISTRAR AS s //TRUE COPYII To, Hyderabacl, Telangana, State of Telangana. SECTION OFFICER t fng SgcreJary,, Dept ofPanchayat raj and Rural Development, Secretariat, 2. The District Panchayat Officer, Narayanpet District, Telangana 3. The Panchayat Secretary, Annasagar Village Gram panchayat, Annasagar Village, Damargidda Ma nda l, Na rayinpet Dis"trict, Telangana

4. One CC to M/s. OM LAW FIRM, Advocate [OpUC] 5. One CC to SRI R.CHANDRA PANCHAYAT [OPUC] SHEKAR REDDY, SC FOR GRAM b Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court for the State of Telangana at Hyderabad [OUf] Two CD Copies 7 BSR GJP s i I HIGH COURT DATED: 1710312025 ORDER WP.No.2632 of 2025 i EH1 r,.a.G ( q o 62 I'l AR 2O? 5 * PfD 21 y o.\ * ALLOWING THE WRIT PETITION, WITHOUT COSTS iB 69c'PW