High Court · 2025

Petition under Ar{icle ??6 qf (,q Qgn,stitution of lndia praying that in the circumstances stated in the affidavi! filqc therewith, the High court may be preferably a writ in the nature of writ of pleased to issue a writ Qr mandarnus 0r any glher appropriate writ declaring shortfall Letler No 002a49/GHMC1'l O54/-LBN2 12021 OC, dt Oe=03.2025 issued by lhe respondent No.3 and proposirlg to levoke thq bqilding pgrmission granted ta the petitioner vide Building permit No.5563lGHM/LBN/2024-BP, dt 09.02-2024 contrary to the conditions i;npose{ in Mqmo No.426/plg.1(1)t2022, dtQS-09-2023 issued by the respondent No,1 and also in not cQnsidering the petitioner's representation d[ 11-o4-2o25 fer issuance of Occqpancy Qertificate eanstructed inrespqct Flo! No.59 in Sy,No 40 of Bandl,agude Village, UpBal Mandal, Me(chal Malkajgiri District and qonsgqgently direct the respondent No 2 and 3 to isque Occupancy Certificate inrespeQt of Plot No.59 ln Sy.No. 40 of Bandlaguda Village, Uppal I I I :.{ Mandal, [r4edchal tVtal<ajgiri District inpursuance of conditions imposed in Memo No.426lPlg. 1 ('l ) I 20121'., dt.09-09-2023 issued by the respondent No 1 . IA NO: 1 OF 2025 Petition under llection 151 QPC praying that in the qircurnstances stated in the affidavit filed in support of the petilioq, the HiS! Court may be pleased to direct the respondentr; No 2 and 3 to considering the petilioner's representatipn dt 11 O4-2q25 for issuance of OcQtlpancy Qertificate qqnstructe-d inrespect Plot No.59 in Sy. No 40 of BandlaguQq \/illage, Uppal Mandal, Medchal ttlqlkajgiri District, inpursuance qf conditions impqsed in Mer.n9 Nq.a2QtPlS.1(1)12022, dt.0B-09-2Q23 issu€:d lry lhe rgqpop(q4t No.'! pe4Qing dispoqal of lynt pqtition. Ceunsel fo( lhe Pet!tioner; SRI K.JA-GlDl9.[WAR REpDY Cqunsel for the Respondent No.1: 9P FOE MCPL ADIUN URBAN OEV Qounsel for the RqEpondent No.2 & 3: SRI SEINIVAS BAO PACHWA, sq EqE aHMg The Court eaqe the follaryingi oBPFE HONOURABLE SRIIUSTICE B. VIIAYSEN REDDY WRIT PETITION No.12614 OF 202s ORDER:(ORAL) This writ petition is filed by the petitioner seeking to declare the shorl fal I notice vide Lr.No. 002449 I GHMC I | 0 5 4 I LBN2/2 02 5 -OC dated

06.03.2025 proposing to revoke his building permission vide permit No.5563/GHMCILBM/2024-BP dated 09.02.2024, AS arbitrarv and contrary to the Memo No.426lPlg.I(1)12022 dated 08.09.2023, and not considering his representation dated 11.04.2025 for issuance of Occupancy Certificate (OC) in respect of thc Plot No.59 in Survey No.40, situated at Bandlaguda Village, Uppal Mandal, Medchal- Malakjgiri District, as being illegal, arbitrary and unconstitutional

2. Heard Mr. K. Jagadishwar Reddy, learned counsel for the petitioner; Mr. Srinivas Rao Pachwa, leamed Standing Counsel for GHMC, appearing for respondents No.2 and 3; and perused the rnaterial on record.

3. lt is submitted that the petitioner was granted building permission vide permit No.5563/GHMCILBMI2024-BP dated 09.02.2024 and he completed construction has per the sanctioned plan. When the petitioner applied for OC in respect of the subject proptrtg the impugned short fall \ 2 notice vide I-r.No.002449/GHMC/1054/LBN2/ 2025-OC dated

06.03.2025 was i';sued to him stating that the land in Survey l'tros.39 and 40 1'alls in opon :lpacc zone and thus, the Head Office was r,:quested to cancel the buildintrr permission granted to the petitioner.

4. Learned cournsel for the petitionel submitted that as per the Memo No.426lPlg.I( 1 ),'2022 dated 08.09.2023, notifi cation was issu,:d wherein several land risL' ercas rvithin the GHMC iimits have been ,ncluded in draft variation. l-camed counsel referred to draft variation III of the said memo dated )8.09.2023 and submitted that the Survey No.40/P is norv proposed to be designated as residential area. It is submjtted that in any case, qucstion of not granting OC to the petitioner on the basis of master plan is unsustainable. The respondent authorities opti:d to make variation to tht: rnaster plan by proposing to designate the Survey No.40/P, rvhich includes the land of the petitioner, for resi<;.ential use. On the basis o r tlie said draft variation, the petitioner submitted representalion da'.t:d I 1.04.2025 to respondents No.2 and 3 to drop the impugned shorf irll notice dated 06.03.2025 by considering the draft variation - Ill vitie Mcmo No.426/Plg.I(l)12022 dated 08.09.2023 but so a-\ 3 far, no action has been taken, as such, he is constmined to approach this Court.

5. In the circumstances,, this writ petition is disposed of directing respondents No.2 and 3 to consider the representation of the petitioner dated 11.04.2024 for issuance of ORC in respect of the subject Plot No.59 in Survey No.40, situated at Bandlaguda Village, Uppal Mandal, Medchal-Malakjgiri District, as per Memo No.426lPlg.I(l)12022 tleted

08.09.2023 and pass orders by giving opportunity of hearing to the petitioner in accordance with law within a period of three (3) weeks fionr the date of receipt of a copy of this order. Pending consideration of the representation dated 11.04.2025 submitted by the petitioner, statut qto obtaining as on today shall be maintained in respect of the subject property. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed //TRUE COPY// To SD/-S. MALLIKARJUNA RAO S ISTANT REGISTRAR SECTION OFFICER nistration, Secretariat Building. 1 The Secretary, Department of Municipal Admi Hydelebad Siate df Tetangana, z r ne uommtssioner, Greater Hyderabad Munic Tank Bund Rd, Lower fant aLino, Aoiis'fi'iii[ 063 ipal. Corporation, CC Complex, ar, Hyderabad, Telangana 500 3. The Zonal Commissione.l L.B, Jllagar Zone, Greater Hyderabad tt/unicipal ''" . corporation, L.B Nagar, Ranga neotv Disi;Ei. 1 9nu ee ro sBt r _le6nb.lsAfirnn-BE'pbi:';;'r".ate [opUC] I. 9n" qQ ro sRt sRlNrvAS_EAp FniIir,\IC si'r<jft onn/lc ropuct 6. rwo cCs ro Gp FoR rvcpf {pMru nniiriri6iV irlnril;;1;;Te state or - _ Telanga4a qt l-iyderabad [oui[ 7. Two CD Copies -: ir:' 'lr r v._ Y 'I I BS V BSR. HIGH COURT DATED:2510412025 CC TODAY ORDER WP.No.12614 ol 2025 yr: iT -( A I6. ( o eJ3 01 ll\Y ilm z a t !.!5r r,2 rr;t\ * (t DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ("