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 pleased to issue a writ, order or direction more particularly in the form of writ of Mandamus, declaring the action of the Third respondent in rejecting the building the petitioners bearing file no' permission application of 012684/GHMCl582glsLP2l2o24-BP vide rejection order dated 10.02.2025 in respect of the land bearing Plot no. 102, in survey no.231 Part and 316 Part, admeasuring 333.33 square yards equivalent to 278.66 square meters, situated at Gopanapally Village, Serilingampally Mandal, Rangareddy District on the specious ground that the Plot No. 102 is allotted for amenities purpose only but the applicants have submitted the proposals for residential purpose, presented by the Petitioners, inspite of the petitioners informing the said authority that the corporation has already granted construction permission to the other plots such as plot no. 100, 101 and 103 way back in the year 2016 by permit number 3rc11ro2150r20't6 (prot No. 103) dt 26.1 1.2016 and in 2023 by permit No. 2894/GHMC/SLpt2o23-Bp(prot No. .r00 and 1oi) dr 10.08.2023 and arso informing about the orders passed by this Honbre court in w.p.No. 119g4 ot 2023 , by keeping the said application pending for more than 82 days and by setting aside the same as being arbitrary, iregar and contrary to the provisions of Articre 14 and 300-4 of the constitution of rndia and consequenfly pray to direct the 3;d and 4th Respondent to forthwith accord buirding permission to the petitioners as done in Fespect of prot no. 100, 101 and 103 0f the same rayout in respect of the apprication by the petitioners of the rand in prot No. 102, admeasuring one 333.33 square yards in Survey no. 231 part and 316 part of Gopanpally viilage, seriringampaily Mandar, Rangareddy district. IA NO: 10 F 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the rejection retter issued by the Respondent no.3 bearing Fire No. 0126B4tcHMCtS82gtSLp2tzO24_Bp dt 1O.O2.2025 thereby directing the respondent no' 4 and 5 to consider the apprication of the petitioners for granting buirding permission dt 16.11.2024 in par with the prot No. .100, .101 and .r03 0f the same layout by permit numbe r 3tC11lO21SO/20.16 (ptot No. i 03) dt 26'11'2016 and permit No. 2894icHMCrsLpr2,23-Bp(prot No. 100 and 101) dt 10 '08'2023, in respect of the petitioners property bearing prot no. 102 in survey no. 231 Part and 316 part admeasuring 333.33 square yards in Gopanpally Village, serilingampally Mandal, Rangareddy District, pending disposal of the writ petition in the interest of justice. Counsel for the petitioners: SRI AADESH VARMA Counset forthe Resoondent No.1: ctFoi-til;IADMN & ,RBAN DEV counser for the Respondent Nos.2 ro aisci'c.TuToHUSUSHAN REDD'. sc FOR GHMC The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.43O7 OF 2o25 ORDER Heard Sri Aadesh Varma, learned counsel for the petitioners and Sri G.Madhusudhan Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4.

2. Petitioners herein are claiming that they are the absolute owners and possessors of Plot No.1O2 admeasuring

333.33 square yards in Survey Nos.23 1 Part and 316 Part, situated at Gopanpally Village, Serilingampally Mandal, Ranga Reddy District, on the strength of a Sale Deed bearing Document No.7345 of 2024 dated 16.O7.2024. In proof of the same, they have filed copy of the said sale deed and also link document. With an intention to construct a residential house, they have submitted a building application dated

16.11.2024 in Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2O2O Portal along with all the relevant documents by way of self-certification and self-declaration. The sarne was rejected by 3.d respondent uide rejection letter dated lO .O2.2O25 2 stating that on verification of the submitted documents arrd HUDA approved layout plan, Plot No.1O2 is allotted for amenities purpose only, but the petitioners have submitted the proposal for residential purpose, which is not permissible On the said ground, the said building application dated

16.11.2024 submitted by the petitioners was rejected

3. Sri Aadesh Varma, learned counsel for the petitioners would submit that the respondents GHMC have issued building permit orders dated 26.11.2(116 ' and 1O.O8.2O23 in respect of Plot Nos. 103, 100 and 101 of the very sarne layout. Now they cannot say that thr: subject property i.e., Plot No.102 is earmarked for the ptrrpose of amenities. On receipt of the building application dated

16.11.2024, they have to conduct site inspection, then they have to come to a conclusion with regard to the aforesaid fact. They have not even issued any show cause notice.

4. As rightly contended by learned counsel for the petitioners, in rejection letter dated 1O.O2.2O25, there is no mention that the respondents have inspected the site and verified the layout. 3

5. Perusal of record would reveal that GHMC has issued building permit orders dated 26.11.2016 and IO.O8.2O23 in respect of Plot Nos. 103, 100 and 101 of the very same layout. Petitioners are claiming Plot No. 102. 3.d respondent has not even issued any short fall notice to the petitioners herein.

6. Therefore, the impugned rejection letter dated 1O.O2.2O25 is in violation of principles of natural justice arld without verification of documents including conducting of site inspection. Therefore, on the said ground alone, the impugned rejection letter dated 1O.O2.2O25 of 3.d respondent is liable to be set aside and accordingly, it is set aside. Matter is remanded back to 3,d respondent with a direction to consider the building application dated 16.1 1.2024 submitted by the petitioners seeking permission for construction on Plot No.1O2 in Survey Nos.231 Part and 316 Part, situated at Gopanpally Village, Serilingampally Mandal, Ranga Reddy District and also the aforesaid building permit orders dated

26.11.2016 and 10.08.2023 in respect of Plot Nos. 1O3, 100 and 101 of the very same layout. He shall inspect tJre site I t I t1 4 \ and if necessary, liberty is granted to 3.d respondent to obtain further information from the petitioners- Even on consideration of the aforesaid factual aspect.s, if 3'd respondent is not inclined to consider the building application dated 16-11.2024 submitted by the petitioners, he shall assign specific reasons and pass a reasoned order and communicate the said order to the petitioners. However, he shall complete the said exercise within a period ol four (04) weeks from the date of receipt of a copy of this order

1. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. Miscellaneous petitions pending, if an-v, sh all stand closed To SD/-P. PADMANABHA REDDY ISTRAR A //TRUE COPY// FFICER Road, Hyderabad. '1 . The Principal Secretary (Municipal Administration and urban development) ^ 9.epq.!tment, Secretariat, State of Telangana. 2. The Commissioner, Greater Hyderabad-Municipal Corporation. Tank Bund 3. The Zonal Commissioner, Greater Hyderabad Municipal Corporation, . Serilingampally Zone, Hyderabad. 4. The,Assistant.City Planrier, Greater Hyderabad Municipal Corporation, _ Senlingampally Zone, Hyderabad. 5. One CC to SRI AADESH VARMA, Advocate IOPUCI 6. Tyg CCs to GP FOR MCPL AD_MN & URBAN DEV, frign Courr for the State _ ofTelalgana, atHyderabad. [OUTJ 7. ONE CC tO SRI G.MADHUSUDHANi REDDY, SC FOR GHMC TOPUC] 8. Two CD Copies PSK. BS s I I ;6 HIGH COURT DATED:1410212025 ORDER WP.No.4307 of 2025 /a !t i1c S-A / (-- 2 [ Ftr I0?5 ), .,'1) 1r lir;,7: =:_:- -J ALLOWING THE WRIT PETITION WITHOUT COSTS u,{,ia %