High Court · 2025

PetitionUnderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances statdd in the affidavit filed therewith, the High court may be pleasedtoissueaWrit,MemorandumorDirection,moreparticularlyoneinthe nature of writ of Mandamus declaring the action of the Respondents herein more particularlytheRespondentNo.2innotgrantingbuildingpermissionpursuantto TS-bPASS Application bearing No.012180/GHMC/5601/KPL1 12024-BP Dated 05.11.2024 irt respect of Plot No.67' Phase-I, land admeasuring 1200 Sq' Yds out of 9783.491 Sq'Yds in Sy.No. 285, 286'287,288 situated at Jeedimetla Village' Under GHMC Circle, Mandal and Region, Quthbullapur sub District, tVledchal- MalkajgiriDistrict,inspiteofsubmittingReminderDated03.04-2025asillegal' arbitrary, against the Principles of Natural Justice, in violation of article 300A of Constitution of lndia , against to the GHMC Act and TS-bPASS Act 2020 and ConsequentlyDirecttheRespondentNo.2tograntbuildingpermissiontothe Petitioner in r<:sperct of Plot No. 67, Phase-|, land admeasuring 1200 Sq Yds out of 9783.491 Sq '/r: r rn Sy. No. 285,286,287,288 situated at Je:dimetla Village, Ivlandal and Region, Quthbullapur SLrb t istrict, Medchal- Under GHMC C;ir()l€, Malkajgiri Dist'rc t. |.A.NO:'l OF 2025 . Petition U rr: e ), Section 151 CPC praying that in the cirr:um ;tances stated in the affidavit filerl rr support of the petition, the High c;ourl mey be pleased to DIRECT the Res; orrdent No.2 to grant building permis;sior to the Petitioner in respect of Plot I'lo ( 7, Phase-|, land admeasuring 1200 Sq Yds out of 9783.491 Sq.Yds in Sy N,:, 285,286,287,288 situated at Jeedirnetlit Village, Under GHMC Circle, Marr,ial and Region, Quthbullapur Sub District, Mr:dchal-Malkajgiri District pursuirr to my TS-bPASS bui ding Application No.012180/GllI/rC/1;iO'1/KPL1l2O24 -BP Dated 05.'1 1.2)24 penling disposal of the writ petition Counsel for the P,rtitioner : SRI K.PRADEEP REDDY Counsel for the R:spondent No.1 : GP FOR MCPL ADMN AND ITRBAN DEVELOPMENl Counsel for the R:spondent No.2 : SRI K.RAVI MAHENDER, SC FOR GHMC The Court mader the following ORDER HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.17296 OF 2025 ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No.2 in not granting building permission pursuant to her application bearing No.0 12 I S0/GHMC/ 561 iI(PLI /2 024-BP dated 05.11.2024 in respect of the Plot No.67, Phase No-I, admeasuring 1200 square yards out of 9783.491 square yards in Survey Nos.285, 286, 287 ard 288, situated at Jeedimetla Village, Quthbullapur Mandal, Medchal-Malkajgiri District, as being illegal, arbitrary and violative of provisions of the Telangana State Building Permission Approval And Self Certification System (TS-bPASS) Act, 2020 and the Greater Hyderabad Municipal Corporation Act,

2. Heard Mr. K. Pradeep Reddy, learned counsel for the petitioner; Mr. K. Ravi Mahender, learned Standing Counsel for GHMC, appearing for respondent No.2; and perused the material on ;.rj record. 2

3. The J:el ii,oner claims to be the owner and possessor of the subject property bearing Plot No.67, Phase No-I, :Ldmt:asuing 1200 square ya:dri o,rt of 9783.491 square yards in Sun'ey 1'jos.285, 286, 287 and 1]88, rirtuated at Jeedimetla Village, Quttrbullapur Mandal, Medchal-Mr,tl[:rr.tgiri District. It is stated that the petit oner has submitted aplr i cation bearing No.0 1 2 I S0/GHMC I 56', IKI Ll 12024- BP dated )5.11.2024 to respondeirt No.2 for constntction of ground + I upper floc,r rL the subject property. Learned counsel r;ubn ritted that as per Sectror 7(1 1) of the Telangana State Building P:rmission Approval and rjelf Certification System (TG-bPASS) .A.ct 2020 (for short 'TC-bP,ASS Act'), the application was neither approved nor rejected v,ithin the statutory period of twenty one (21 ) Jays , as such, the petitioner cculd have proceeded with the consttuction as deemed permission as F,er Section 7(10) of the TG-bPAtiS ltct. Learned counsel firr the petitioner submitted that as per Se,;tiorr 7( 1) of the TG-bPASS A :t. another twenty one (21) days timr: is available with the compr:tent rrthority for considering the application and veriffing the title of th e petitioner. Even, the said time period hi .s lapsed. As the propr:(1 is huge, the petitioner did not want to take ary risk of J violation and had been waiting for the formal permission to be granted by respondent No.2.

4. Learned counsel for the petitioner further submitted that similarly placed property bearing Plot No.68, Phase-l in Survey Nos.285, 286, 284 and 288, situated at Jeedimetla Village, Under GHMC Circle, Quthbullapur Mandal, Medchal-Malkajgiri District was considered for building permission on 03.06.2025 vide file No.6020/GHMCIKPLT/2022-BP; permit No.6020/GHMCfi<pLl t t 2025-BP, for construction of commercial go-down consisting of Ground floor * I upper floor after executing registered mortgage deed in favour ofrespondent No.2.

5. Learned Standing Counsel for GHMC submitted that appropriate action will be taken on the application of the petitioner in accordance with law.

6. In the circumstances, this writ petition is disposed of directing respondent No.2 to consider the application of the petitioner bearing No.0 1 2 1 8 0/GHMC I 5 6 I lKPLI I 2024-BP dated 05. 1 1.2024 for grant of building permission in respect of the Plot No.67, Phase No-I, t- 4 - admeasur ni:! 1;.00 square yards out of 9783.491 sq.rare yards in Survey Nos.2.8:, 286, 287 arrd 288, situated at Jt:edirnetl r Village, Quthbullapur N4andal, Medchal-Matkajgiri District, by follt,wing due process of larv, within the statutory period of twe nty ,rne (21) days from the Cate ,rf receipt of a copy of this order. Ihere slLall be no order as to oo,. ts As a serliel thereto, miscellaneous applications, it'anl . pending in this writ Jr,etitlon stand closed //TRUE COPY// SDI-A. PRATHIMA DEPU'TY REGISTRAR SEC TION OFFICER (MAandl.tD t l;:cretariit, State df Tetangana at Hvderabatl 'o ,. ,nu Prin :ipral liecretary' Municipal Administration and Urlran I)evelopment " 2. The conrris,; ( ner, c;;;; ii";;uad'rraunicipjt corporatior Tank bund, Hvderabad. i'l:"at;;l (jF' FoR MCPL ADMN AND URBAN^DE-VELoPrlENr' Hish c"rrit"''ti:L .';ratsof Telangana at Hyderabad [o-U-l] - 6""'Cc ti ir i x pnnoErF nEoov, Advoga-te^toi lcl - - . 5;; ;d i" sr i k nnViMAHENDER, sc FoR GHM'I (oPUC ) Two CD C oPit:r; 4 4 6

3. SA BS Ct g lttFl g ,,4 (J 'r c + J ili ', 0[ 0 ) ' ,:,lH HIGH COUR DATED:2310612025 ORDER WP.No.17296 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. q 7