O, Hyderabad Potteries Private Limited v. Collector, Hyderabadr and K'Pavan Raj vs The Municipal Corporation of Hyderabadz' In all the

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 Respondent No. 5 herein to consider the building pertfiission application submitted through TS - B pass vide File No.No:011462lGHMCl5274lSLP2l2O24 - BP, dt.17.10.2024 without insisting for ULC Certificate and pending disposal of the above writ petition. Counsel for the Petitioner : SRI T.RAHUL Counsel forthe Respondents No.1&3: ASST. GP FOR REVENUE Counsel forthe Respondents No.2&6: GP FOR MA&UD Counselfor the Respondents No.4&5 , 3:'r""Ht,llrTUDHAN REDDY, The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN IIIRIT PETITION No.7o47 0F 20.25 ORDER: Heard Sri T.Rahul, learned counsel for the petitioners and Sri G.Madhusudan Reddy, learned Standing Counsel appearing for respondent Nos.4 and 5 and Ms. T.Swecha, learned Assistant Government Pleader for Revenue for respondent Nos. I and 3.

2. According to petitioners, father of 2"d petitioner and grandfather of l"r petitioner i.e., Sri Kolla Setha Ramanadham was the absolute owner and possessor of plot No.1 admeasuring 600 square yards in Survey No.56, situated at Kondapur Village, Serilingampally Mandal, Ranga Reddy District within GHMC limits on the strength of a registered SaIe Deed bearing Document No.55l4 of 1997 dated 16.08.1997. He died on 30.08.2002. In proof of the same, petitioners have filed copy of Death Certificate dated 13.O9.2OO2 and copies of the aforesaid sale deeds. Thereafter, petitioners succeeded the said property. \ 7 KL,J W.P.No.7047 of 2O2S

3. Likewise, 1"t petitioner is claiming that he is the absolute owner and possessor of plot No.2 admeasuring 600 square yards in Survey No.56, situated at Kondapur Village, serilingampally Mandal, Rarga Reddy District within GHMC limits on the strength of a Document No.55 l S of l99Z dated 16.08.1997. petitioners have submitted al application dated 16.10.2024 with respondent Nos.4 and 5 seeking permission for construction of 1 cellar + I ground floor + 4 upper floors. On receipt of the said application, Sth respondent has issued shortfall tntimation letter dated 24.12.2024 with the following regrstered Sale Deed bearing i remarks: AS "Verifred the submitted documents and observed that applicant has not submitted the following documenrs follows: l. Layout copv duly showing the proposed site. 2. Contractor All Rjsk policy for (6) years. 3. As per Report submitted the SDC, LAO on Dt.25. ll.2f]24 stated that thc plot No. 1 & 2 in Sy.No. 56/part, Srtuated at Kondapur village is recorded as ULC Land. Hence, the applicant may be informed to submit the ULC Clearance Certificate from Concerncd authorities., 3 KL,J W.P.No.7047 oJ 2025

4. Petitioners did not submit arry explanation' Challenging the said shortfall intimation letter dated

24.L2.2024, petitioners filed the present writ petition'

5. karned counsel for the petitioners would contend that respondent Nos.4 and 5 cannot insist the petitioners to submit ULC. They have to consider only prima facie title and prima facie possession of the petitioners over the subject property. They cannot consider the title disputes' H€' has placed reliance on the order dated 12'02'2024 in W.P.No.1O78O of 2023, order dated 27A202O in W.P.Nos. 1488 I and 14885 of 2O2O, Hyderabad Potteries Private Limited v. Collector, Hyderabadr and K'Pavan Raj v. The Municipal Corporation of Hyderabadz' In all the aforesaid judgments, this Court considered the scope of enquiry to be conducted by respondent Nos'4 and 5 on the application seeking building permission' This Court held that respondent Nos.4 and 5 cannot go into title disputes and cannot insist for production of ULC certificate' They have to r 200I f3l ALD 600 ,2oosillhdD 7e2 4 KL,J W.P.No.7047 of 2025 consider orrly pima facie title ar,d pima /acle possession of the petitioner over the subject property.

6. Without considering the said aspects, 5th respondent has issued shortfall intimation letter dated

24.12.2024. 7 . Learned Assistant Government Pleader for Revenue has produced written instructions of Deputy Collector and Tahsildar, Serilingampally Mandal, tung" Reddy District stating that land admeasuring Acs. 15. 16 guntas in Survey Nos.56 is classified as Patta. drereafter the subject land erlong with the iand in Survey Nos.57 and 61, total admeasuring 1 ,22,119 .66 squa-re meters has been declared as Ceiling Surplus land under A.P. Urban Lands (Ceiling and Regulations) Act, 1g76 against declarant Smt. Sarojini Devi, W/o. Gopal Reddy uide proceedings in C.C.No.H1/4373 /76. Therefore, interest of the Government is involved and as such the subject land in Survey Nos.56, 57 and 61 of Kondapur Village has been included in the list of I 5 KL'J W.P.No.7O47 oJ 2O25 prohibitory property under Section 22-A of Registration Act,

1908. The said written instructions are placed on record.

8. As discuSsed supra, petitioners are claiming right over the aforesaid property basing on the aforesaid two registered sale deeds. With regard to PIot No.3, this Court uide order dated 12.02.2024 in W.P.No.1O78O of 2023 / I directed municipal authorities not to insist for submission of NOC/ULC from the revenue authorities. Petitioners herein are also standing on the very same footing and to maintain parity, they are also entitled for the very same relidf.

9. In the light of the said discussion, this Writ Petition is disposed of directing 5'h respondent to consider the application submitted by the petitioner dated 16.10.2024 seeking building permission without reference to shortfall intimation letter dated 24.I2.2O24 and without insisting for submission of NOC and ULC clearance, if the said application is otherwise in order. If aly further information is required, liberty is granted to 5th respondent to seek the same from the petitioners and petitioners sha1l submit the same to the 5th 6 KL,.I W.P.No.7O47 of 2O25 respondent. However, he has to complete the said exercise within a period of four (04) weeks from the date of receipt of a copy of this order' Misceilaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/.P.GOWRI SHANKAR assrsrar.ifiecfinnii / To, Telangana, Hyderabad. Tank Bund Road, Lower Tank Bund, Hyderabad 63. No 20, Serilingampally, Hyderabad SECTION dFFICER 1. The Principal Secretary, Revenue Department Secretariat State of 2 lhe Principal Secretary, Mu.nicipal Administration and Urban Dpvelopment, State of Telangana, Secretariat, Hyderabad 3. The District Collector, Ranga Reddy District. 4. The Commissioner, Greater Hyderabad Municipal Corporation, CC Comolex 5. The Zonal Commissioner, Greater Hyderabad Municipal_ Corporation. Circle 6. The Commissioner, Greater Hyderabad Municipal Corporation. CC Comolex 7. One CC to SRI T.RAHUL, Advocate. IOPUC] B. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. 9. Two CCs to GP for Municipal Administration and Urban Develooment. Hioh 't0.One CC to SRr G.MADHUSUDHAN REDDY, SC FOR GHMC. tOpUCl '1 1.Two CD Copies Court for the State of Telangana at Hyderabad. [OUTI Tank Bund Road, Lower Tank Bund, Hyderabad - 63. t BSK o HIGH COURT DATED:0710312025 ( /!) J t) CC TODAY 1t\ESTA l'€ 11 I{AR 2!',6 a .\ {it * ORDER WP.No.7047 of 2025 * AT Or- sp t DISPOSING OF THE WRIT PETITION WITHOUT COSTS