High Court · 2025

Telanciana. Muppataneni nrrnurifiiiu,ioro-.'ir"i-r.rq soz inJ 5os. H.No.6-1-68/4 Fareed I8'FBnrfSU *r. liii?i5ffi;",;i!:]i;;;ilihi;""c"h;;;i' Petition under Article 226 of the Canstitution of India praying that in the circumstancqs stated in the affidavit filed therewith' the High Court may be pleased to issue a writ order or direction more particularly one in the nature writ of mandamus declaring the action of the Respondents herein particularly ';ii;b'd' Hvderabdd.0B Respondents 2 tc 6 h,:rein in considering granting of the building p,ermtssion to the Respondent Nos g ;:nd i0 vide Fire No.00256ztcHMCr11o7rKt1B1r2o25-Bp in Sy.No.23 co-relatrng to l SNo.20l2of gomajiguda, Hyderabad to an extent of 450 Sq Yds or 336 Sq Mtrs. belonging to the p91i1;6ner under the guise of it berng located in sy.No 22 r;o-rerating to TS N0.20:r3 as irlqgar arbrtr;:ry, violation of petitioner s FunCirmental Rights and Conseoupntly the Restrondents 2 to 6 to reject thq property forming par.[ situated at Spmaji )gda Hyderabad, admeaSulilg igO $o,yards or 336 Sq.fltrs bui drng pgrmission f9t cgllslructiqn i6 f he petiticner's of f No.6-3-1lggt1tB, in Sy.No.23, eo_retating tc TS No.2012, -6ir9ct IA NO: 1 OF 2025 Petition qnder Section 151 CPC praying that in thq circumstrTnces stated in the affidavit filed in suoport of the pqtition, tfe l-tigh Cou4 may be pteased to direcl the respondenl no Z to consider the petitioner,s representatien dt.,l 2_03-2025 and pass appropriate o .ders; pqndi;rg disposal af thg writ petilion. 9grn"ilfor the PetitioqeT: Mle RIA^[N4 S !/y.ADqEpAt=Lt Counsel for the Regpondent No.1: Gp FOR tt4Cpl AOMN & URBAN Dry Counset for the Respondent Nos.2 Te o: sni_rvilOpE ARUN xurvranlil ron counsel for the Respondent Nos.7 TO 10, .. pHMC The Cqgrt mqle th,l foilowing; OROFR HON'BLE SRI JUSTICE K' LAKSHMAN TION No.9 292 of2O25 ORDER: Heard Ms' Rachna S' Waddepalli' learned counsel for the petitioner and Sri Midde Arun Kumar' learned standing counsel appeatng for respondent Nos'2 to 6' Perused t}.ie rccord' 2. Petitioner herein is claiming that he is the absolute f 450 square Yards or 336 square owner and possessor o co-relating to TS No'2O12 of meters in SY'No'23 Somajiguda , Hyderabad' Respondent Nos'7 to 1O are also claimi try right over the said property' There are disputes between Pedtioner and respondent Nos'7 to 10'

3. ResPondent Nos.9 and 10 have submitted application dated' 08'06'2024 to 3'd respondent seeking permission for construction of one cellar + one stilt + 5 upper floors over the said property. 3'd respondent has r&L!i*ua. KL,J lr P No.9292 oi2025 l 2 issued slLort fall intimation letter dated 12.Ot.2O24 to them on the lbllowing ground: "The site is attracted under ULC 10 (6) list, TSNo.2Ol3, Block-F, Ward 87, Sorn rjiguda Village, Ameerpet Ma-trdal of Hy<1t rabad District is covered under IILC thrortglL vide CC No.El/7626/76 and also the site is getting affected under proposed 18 mete:s Fload, therefore the applicant is her,:by reqtrt:str:d to comply the shoftfalls, so as to proc( ss the Building application. Hence suggt:sted for shortfall." Thereaftr:r, the said application submitted by responden. N'cs.9 and 10 was rejected by respondent No.3 vide r<:-iection letter dated 03.O8.2024 on the following glound: 'Thr: Building proposals has been examined and referred the hle to DD SLR to furnish the Prima facia title over the seLid premi;es No,, in turn the DD SLR has recornmended on the subject land, but there is a cornclaint received from Sri Syed Failsal Ali, ".*\1|o t5 3-119, D Block, 301 Aditya Alite, rvho is KL,J w .P .No 9292 of 2025 J clairning the ownership over the said premises, this oflice has sent the manual hle to the DD SLR for verification of both the documents and prima facia title, and there is no option to keep second shortfall in TsBpass. Hence suggested for Rejection."

4. According to the petitioner, respondent Nos.9 and 10 have submitted one more application to 2"d respondent dated 04.03.2025 seeking permission for construction. Vide Note Sheet Report dated 26.03.2025 Assistant City Planner, (HO KBZ) suggested for rejection of the said application.

5. Petitioner has submitted representation dated

12.03.2025 to 2nd respondent with a request to reject the application for construction. According to the petitioner, respondent Nos.9 and 10 have approached 2"d respondent by way of suppression and mis- representation of facts. Despite receiving and acknowledging the same representation dated

12.C.3.2025, respondent No.2 did not consider the same. \ KL,J Yi t Nd s292 ol2o25 4 On the ,:1 herhartd, respondent No.2 is considering the applicati,rrr sr-Lbmitted by respondent Nos'9 and l0 dated 04.O3.2O25 fcr construction' The same is by wa'7 of mis- representr tion and suppression of facts'

6. Wh,:reas, Sri Midde Arun Kumar, learned standing counsel ir.pp,:aring for respondent Nos'2 to 6 on instructiotts u'ould submit that 2nd respondent will consider tee r:epresentation dated 12'03'2025 and'if the allegation:, mtrde by the petitioner are found to bc correct, he will .akt: steps in accordance with latv while consideralion the application dated 04 O3'2O25 submitted by respondent Nos.9 and 10 seeking permissior L fcrr construction'

7. As disctrssed supra, respondent Nos'9 and 10 have submitted a7r application dated 08.06.2024 seeking permissiorr for construction, 3'd respondent has issued shortfall i.rtimated dated 12.06.2024 llurth the eforesaid grounds and salne was rejected vide letter dated KL,J W -P-No-9292 of 2025 5

03.O8.2024 on the aforesaid grounds. Thereafter, respondent Nos.9 and 10 have submitted alother application dated 04.03.2025 seeking permission for construction vide note sheet report dated 26.03.2025, the Assistant City Planner (HO KBZ) suggested for rejection. Therefore, 2"d respondent has to consider the representation dated L2.O3.2025 submitted by the petitioner and report dated 26.03.2025 Assistant City Planner while considering the application submitted by l I I respondent Nos.9 ald 10 dated O4.O3.2O25 seeking permission for construction over the subject property.

8. In the light of the aforesaid discussion, this writ petition 1S disposed of directing 2"4 respondent to consider representation dated 12.03.2025 and report dated 26.03.2025 of Assistant City Planner and if the a-llegations made by petitioner in the representation are found to be correct, he shall take action against respondent Nos.9 and 10 in accordarce with law. Further, 2"d respondent is directed not to KL,J \\' P .No 9292 oI 2025 6 a adjudica_t:/consider the title disputes betu.een the petitioner am,i respondent Nos.9 and 10 with regard to the subjr,ct property. He shal consider the mis_ representz.tion and suppression of facts if any by respondent Nos.7 to 1O. \

9. With the aforesaid directions, this writ pe,tition is disposed oL l'here shall be no order as to costs.

10. As a r;equel, miscellaneous petitions, if any, pending in the Writ Petition shail stand closed. //TRUE COPY// SD/.4.V.S. PRASAD EPUI-Y REGISTRAR T $EcTION OFFICER To 1 2 .7 4 5 6 7 a o 10 The Principirl Secretary Municipal Administration and Urban D,3velopment Dept., T Secretztriat. Hyderabad, State of Telangana. The Commi ;siorrer, Greater Hyderabad Municipal Corporation, Lower Tank Bund Road, Hyderabad, Telangana 7he Zonal C omnrissioner, GHMC, Khairatabad Zone, CF56-6SIF Taj Enclave, Khairatabac Road, Kahiratabad, Hyderabad 500 094 Telangana The Assista,lt Commissioner GHMC, Cirqle-17, CF 56-69F Taj Enclave, Khairatqbad Road Khairatabad, Hyderibad - 500 004 Telpngana State The Directo of Town and Country Planr;iog GHMC, Head Offic;e, Lower Tank BLnd Road lyderrabad, Telangana. The Depuly Dire:tor Survey l-and RecQrds, Greater Hyderabad Municipal Corporation Lower Tank Bund Rgad, Hyderabad, Tglangana One CC to tt4/s. ITACHNA S WADDEPALII, {_flvocate TOPUCI Two QCs to GP FOR IVCPL ADMN & URBAN DEV, High Court for the State gf Telqngan r, at Hyderabad [OUT] One CC to S;Rl It4lDDE ARUN KUMAR, SC FOR QHMC [OPU]l iwo CD Col,ies I PSK BS $ HIGH COUIIT DATED:0110412025 ORDER WP.No.9292 of 2025 ,a' /":'1" \'' TAT€ 1r [PP, z[fi C) "t, + q I It: i'1 \,. \ DISPOSING If,F THE WRIT PETITION WITHOUT COSTS .oq'' w