The High Court · 2025

1. tVl/s Vanitha Developers, Regd. Off at Shop No.1.1 to 14, 5th Floor in SD tvlatl Bearing Premises, D.Nos.15-8-234, 15-8-294, 15-8-295/9, 15-8-295, 15-8- 295 I 1, 1 5-8-2951 1 I A, 1 5-8-295l'l B, Goshamahal, Hyderabad Telangana, Rep. by its Partners 1) Praveen Kumar Jain, S/o Sri Mangilal Ji, aged 43 years, Occ. Business, Fl/o H.No.5-3-966, Flat NO.301, Parshwa Padmavati, Shanker Bagh, Hyderabad, Telangana. 2. tr/ahendia KumarJain, S/o Kantilal Jain, Aged aboul44 years, Occ. Business, Rl/o H.No.5-3-831/1/2/3, Flat No.F5, Sri Sai Residency Mallakunta, Goshamahal' Hvderabad ...AppELLANTS/REVIE* pETrroNERy WRIT PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary, lvlunicipal Administration Department, Secretariat, Hyderabad.

2. The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Tank Bund, Saifabad, Hyderabad.

3. The Zonal Commissioner, Secunderabad Zone, GHI\/C, Hyderabad. 4. The Deputy Commissioner, GHIt/C, Circle-16, AmQerye! lYderabad 5. The Chief City Planner, (Town Planning Section), GHI\4C Complex, Tank Bund, Saifabad, Hyderabad.

6. The AsstCity Planner, Circle-16, Amberpet, Hyderabad. 7. The Deputy birector Survey and Land Records, D.No.5-84-91, Karimabad cooperativesociety,Abids,Hyderab"o....*r.ro*DENTS/RESJrpoJ[DDEJ[lsJ lA NO: 3 OF 2025 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 res[)cn(l:nts No.2 to 6 to accord building construc rrn permission to the house be,i:rinq r\,4unicipal No 3-5-j2.1/E/1 t6lN3, 3-5-121tEl1l6tA4 and 3_5_ 121lEl117 totz linq a rlmeasuring 670 Sq. yards situated at Eden C arden Ramkote, Hyderabad, wi ho(rl ronsidering the TSLR pending disposal of th,r Writ Appeal. . Counsel for the Appellants: SRt K.SA| TEJA FOR SRt RAPOLU IIHASKAR Counsel for the Respondent No.1: Gp FOR MCPL ADMN & TJRBAN DEV Counsel for the R -"spondent Nos.2 TO 6: SRI G.MADHUSUDHAI.I REDDy, SC Counsel for the R,:;pondent No.7: Gp FOR REVENUE FOR GHMC The Court made the following: JUDGMENT THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON'BLE SMT. JUSTICE RENUKAYARA WRIT APPEAL No .623 of 2o25 JUDGMENT (Per the Hon'ble the Acting Ch)ef Justice Sujog Paul) Sri K. Sai Teja, learned counsel represents Sri Rapolu the appellants and Bhaskar, learned counsel for Sri G. Madhusudhan Reddy, learned Standing Counsel for GHMC, for resPondent Nos.2 to 6.

2. J With the consent, finallY heard' karned counsel for the appellants submits that W.P.No.1O759 of 2024 was filed with the following relief:- respect of "pleased to issue an appropriate writ ord^er or direction more particularly one in the nature of writ of MANDAMUS declaring action.of respondents in rejecting the building permission application dated ZAIttlZOZZ vide rejection letter Lr'No 012726 I GHMrC I 6222 ISE;C2 I 2O22BP -dated tE. .!?Y"" 02l02l2023 in bearing Municipal Nos. 35121/Ell l6lAl3 3sr2r7Eltl6/Al4 and 3512rlE lr/7 tot4lv admeasuring 67O square yards situated at Eden Garden Ramkote Hyderabad stating the reason as TSLR TS No. 2 BlockA ward No. 195 of Thotaguda Village Nampally Tahsil and as per TSLR Col No -1O is reJorded .= AeeoF and in Col No 20 is recorded as GVM EDEN BAGH as being illegal arbitrary capricious Malafide contrary to the law and against the princiPles of natural justice" 1 t 2 Learned Srng t 'Judge has dismissed the said vrit peti'ion mainly for two re.Lsorls namely- i) the petition was fil':d after a period of one year l -or- the date of the impugned pro<:eed ings dated

02.O2.2otli\ar,1ii)theappellantswererequiredtoesta'blishtheir prima fac,,:' t r ,l t' but no materia1 was placed on recrlr(l ' Crili,::izing both the findings, learned ccunsel for the 4. appellantsr r;r-tl:mits that the nature of grievan<:e ol' tht' appellartts fa,lls wrthin t.ht, ambit of "continuous/ recurrir,g ciluso of action". Thus, th,: 1::lz.v is not fatal in a case of this nature, more so' when the de.zL '. is not enormous in nature' l.part frr rm this, the appellarrl.ri p aced reliance on a decision r( ndered in W.P.No.84!)1'/ cf 2021 by contending that the said orrler squarely covers th,:r irrstant W.P.No.lO759 of 2024 ' Ther': is no whisper about tFLc ;aid judgment in the impul;nerl crder dated 24.O4.2A?-t' rz ssed by the learned Single Judge' Th s point was clearly r aislrl by the appellants by filing revieu' petition in I.A.No.2 cl '.'.O25 in W.P.No. 10759 of 2024 ar:d following pleadingsrrr:r',rmadeinparagraphNo'4ofthereviewa-ffidavit: ' 4. it is submitted that this Hc n'ble C rurt 1ya Lr .cd the house construction permiss'ion thrc ugh i,irl, tv.p.No.8497 of 2021 which is file d by A:hok L4rnr; rkhalal Doshi and 3 others by set aside the I'::jc:i on orders of the Municipal authoritit:s ar-t rlin:r tr:ri lhe municipal authorities to grallted the I 3 revlew building construction permission in the s1}e i.lrrirviit. .^me is not appreciated by this Hon'ble Court and Passed the order'' impugned order dated 27'03'2025 passed in In the petition, learned Single Judge has not dealt with this specific ground. Learned counsel for the appellants further submits that the sale deed dated l4'Og'2O22 (page No'61) shows pnma facie title in favour of the appellants. Thus, the relevant document prima facie establishes title in favour of the appellants but this relevalt document has escaped the notice of learned Single Judge. Thus, the second finding given by the learned Single Judge runs contrary to the record' This point was specihcally raised in the review petition by stating as under:- "2. It is submitted that the petitioners are owners, possessors and enjoyers to the house 3-s Nos.3-5-l2l tdtitotnls, L^^-ihd u(urrrrB j'"" ' '3-5- l2ll\lllT t21 lDltl6lA4 670 Sq' Y"9".situated-at^ Eden ;;;:;;c -^n"'-rt"t", Hyderabad the same was tl?al-, 'ot ourchascd under Iwo registered sale deed-s. "^"a Doc'No'2850/2o22' B;:.ii;.;.; i"*J"io.os., o22 L.ne same is not appreciated by this Hon'ble Court'" However, in the impugned review order also' this point was not considered. Thus, it is prayed that both the impugned orders dated' 24.04 .2024 and 27 'O3 '2025 may be set aside and learned Single Judge may be directed to rehear the appellants and pass \ a lresh order in accordance with law' ^vidce \ 4

5. Lezrrn:: Stalding Counsel for GHMC r;up rorted the impugnecl ,:,r'cler s and submitted that although the afo resaid sale deed is pler.r:e:cl :n record, it is nct clear about the previcus events ald the so lir c,] >f title of the veni ci-. No c'tl-r : r poin t IS pressed by learnec counsel for the 6 parties 7 . A r'.^ru sal of the impugned order par;sect in the Writ Petition shou,t; hat the contention of learneci cor-rnsel for the appellants i:;. .r: rleed, correct that the writ petiti,rn r,.as cismissed for twin re; sotls namely- i) delay of little more than one year and ii) t1o .yt;i:7;.o facie title was shown. The Iearned Sir:gle Judge has not crinsic r:red whether the nature of 13rie.ian,:e of the appella,ts fzr[1:; ,r,ithin the four corners of ,,re:urt.ing cause of action" ali 'c tr tinuous cause,,. Second,lg, the afore said sale deed was, irLc e :: , on record, q,hich has not beern cons idered by the learned :i rrgle Judge while deciding the wnt_ petiticn as well as the rer,'it:r,,' ]:.-tition. Third_lg, the order of thrs Court in W.P.No.84!t'i ctf 2O2l was filed with the Writ Deti.ion and brought it t: tlt, notice of the learned Single Judgt: wlrile {iling revievi, petitic,n (p,rrragraph No.4) but this point also lras not been considered br, t hr learned Single Judge. Thus. rn :ur opinion, # 5 these aspects are relevant for decision of the Writ Petition and needs consideration of the learned Single Judge" So far' argument of Learned Standing Counsel for GHMC is concerned' it is for the learned Singre Judge to examine, if necessary' whether the source of title.of the vendor needs to be gone into in a case of this nature. since the appella'ts,writ petition was not dismissed on the grounds that the source of title of the vendor was not shown, we are not inclined to non-suit the appellants on I this ground 8 In view of foregoing discussions' the impugned order dated. 24.04.2024 Passed ln W.P.No.10759 of 2024 and the impugned review order dated 27'O3'2O25 in I'A'No'2 of 2025 in W.P.No.1O759 of 2024 is W.P.No'10759 of 2024 are set aside' Learned Single Judge is restored to its original number' requested to decide the W'P No'L0759 of 2024 afresh in accordance with law' Regist'ry shall list the said Writ Petition before appropriate tsench in the first week of July ' 2025' The Writ Appeal is allowed to the extent indicated above' g. It is made clear that this Court has not expressed any opinion on merits of the case' No costs' I 6 Intr:rlr:c rrtory applications, if any perLdinq, r;hal1 a_lso stand clo se:l //TRUE COPYII SD/.I. NAGALAKSHMI \JOtNr REGTSTRAR To i sE()T|ON oFFICER ii' vvv,v",r L 35f#:1,!;: Il:"J;f; Bund, Sa iani:. Hvderabad. -

1. The Prir,t:il;zil S,ecretary Municipal Administration Departrnen , Secretariat, ^ HydeJatac .St;te of T6iangrnil- ' , *rt"|. Hyderabad rvunicipat corpor at,or r, rank Bund, 3. The Zoner }: lmissioner, Secunderabad Zone, GHIr4C, llyde.abad. 4. The Dep ur'r C : mmissioner, G+^ac, ci"riL:r o,"A,i'f u, put Hyd :rabad. 5. The Chir:'()itv Dtanner trown plan'ning-5"iibiij,'6r,rvC 6. The Ass Cit, rlanher, Circie_16, Amberpet, Hyderabad. 7. The DepL r\ i.)rrector survey a.no'[anJ RE;;;9";.iJ. 5_8.1_91 Karimabad ^ Cooqerativr) l;:ciety, nOiOs, HVOeraUi;."* "" " ' o. I ne seclt',') ()etcer. Writ.Non_Service Section, High Ooun fo. he State of - - --''- i L'|Yrr ' 11frf;""?ll'6:1,ilri'cer' Postins section, Hish court for the srate >f reransana, 10. One CC o :lct RApOt U FHASKAR, Advocate IOPUll 1 I. Two CCs :1 (:;r) FOR rMCpL AD_MN e U;iBXiiUiV, rr,sn : orrr for the State . - of Telangana, ,r. HyderabaO. tOUif - 12.ONE CC 1r, I]FiI 3.IVADHUSUDHANJ REDDY, SC FOI-] GHA/C OPUCI , . Iyf"?,.r1;l tji[?- REVENUE: Telangan,r ;: '{yderabad. 'Hl,;fc";;;;tn"-sii" .i"r ,i,,n[#,, ,t Con ptex, Tank

14.Two CD Ool;ie:; PSK GJP s HIGH COIJRT DATED:2510612025 JUDGMEN WA.No.623 of 2025 ALLOWING THE WRIT APPEAL WITHOUT COSTS 69c'f'.'e9 ge- (d- o(J a. * .n 1 ,c c '?,"'=: 14 3 lL t 2W ft:O SPa;- \,