The High Court · 2025

Petition under Atlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ more particularly writ of mandamus Constitution of lndia to declare the action of the Respondents more particularly Respondents No. 2 to 5 as :arbitrary, exfacie illegal, highhanded discriminaiory, by giving colorable exercise to their statutory powers in interfering into the possession of my property covered in H.No. 16-3-Ma0008 (Old.No.3-82), PTIN No. 1177030177, Admeasuring 400sq Yards in Survey No. 43, Situated at Mallapur Village, under Bandangpet Municipality Balapur Mandal, Rangareddy District, without following any due process of Law, much less without issuing any Notice in a highhanded manner and trying to dispossess from the said property and consequently may direct the Respondents more particularly Respondents No lto 5 not to interfere or Dispossess petitioner from the said property in any mar rer in the interest of justice lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c r the affidavit filed in support of the petition, the High Cor r direct the Respondents not to interfere or Dispossess ti r property bearing H No: 16-3-Ma0008 (Old.No.3-82), ' Pl I Admeasuring 400 sq Yards in Survey No.43, Situated at l'1 Bandangpet Municipality Balapur Mandal, Rangareddy Di pending disposal of the writ petition in the interest of justice )umstances stated in may be pleased to Petitioner from her J No. 1177030177, llapur Vrllage, under trict in any manner Counsel for the Petitioner: SRl. NAZIR AHMED KHAN Counsel for the Respondent No.1 : cP FOR MUNICIPAL l.t MINISTRATION Counsel for the Respondent Nos. 2to5: SRI M. KRISHNA, AND URBAN DEVELOPMET T SC FOR MUNICIPAL CORt,( )RATION W.P. NO: 25889 OF 2025 Between: Sadia Sultana, W/o Mohammed Khaja Moinuddin Agerl tbout 39 years, Occ. Housewife, No.17-1-3751271N21B, Thalendernagar Santosh Nagar, Saidabad, Hyderabad-TS ...PETITIONER AND 1 2 J 4

5. The State of Telangana, Rep. by its Principal r,ecretary, Municipal Administration and Urban Development (MAUD) Secretrr at at Hyderabad. The Badangpet lvlunicipal Corporation, Rep. by its Comr issioner, Badangpet, Rangareddy-TS The Deputy Commissioner, Badangpet Municipal Cor oration, Badangpet, Rangareddy-TS The Town Planning Officer, Town Planning Wing. t adangpet Municipal Corporation, Badangpet, Rangareddy-TS The Greater Hyderabad Municipal Corporation, Tank Btrr d Road, Hyderabad, Rep by its Commissioner. R5 is impleaded as per C.O. dt.08.12.2025 in lA No. :1, 2025 Petition under Article 226 of the Constitution of lndla praying that in the circumstances stated in the affidavit filed therewith, the tigh Court may be ...RESPONDENTS pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondents more particularly the Respondent No.2 in passing the Orders for Rejection of the Provisional Certificate of Registration dt.25-08-2025 in respect of Construction of tndividual Residential Building consisting of Ground Floor + '1 Upper Floor to an extent of 58.53 Sq.Mts., (out of 334.45'1 Sq.Mts.,) situated at Plot No.'16- 3-MA0008, (Old Number 3-82), Mallapur locality, Sy.No.43, lt4allapur Village, Balapur Mandal, Ranga Reddy District, by rejecting Provisional Building Permission dt.'1 1-08- 2025 in File No.001317/BADA/00045/|R/ 2025 applied under Build now without issuing her any Notice much less any shortfall letter and directly re.iected Building Permission without giving her any opportunity of fair hearing, which is violation of Principles of Natural Justice, inspite of knowing fully well that prima faciely the Municipal Authorities has to see Title i.e. Registered Document, Payment of Municipal Property Tax with PTIN Number, Plan, Electricity Bills, etc., which was already complied by the Petitioner by filing the same along with payment of Challan Fees, but of no use, just under political influence, as arbitrary, ex-facie illegal, discriminatory, highhanded, dereliction of duty, by giving colourable exercise to its statutory powers and violation of Principles of Natural Justice and consequently may set-aside the same by further directing the Respondents not to interfere into construction work in respect of the aforesaid Property belonging to the Petitioner in any manner, in the Interest of Justice. lA NO: 1 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 Suspend the operation of . the rejection of the Provisional Certificate of Registration dt.25-O8-2025 in rejecting the Provisional Building Permission dt.1'1-08-2025 in File No.001317/BADN00O45llN2O25 passed bv the Respondent No.2 by further directing the Respondents not to interfere or dispossesses the Petitioner in respect of her Property in H.No. 16-3-Ma0008 (O1d.No.3-82), PTIN No. 1177030177, admeasuring 400 Sq.Yards in Survey No.43, situated at Marrapur Vilage, under Bandangpet tr unicipar corporation Balapur Mandal, Rangareddy District, in any manner, lnter€;t of Justice. lA NO: 2 OF 202 5 1 2 3 Il:ygllq?] Sorporation Badangpet, Rep. by its Conr rissioner, Badanspet, F(anga Keooy urstflct. The Deputy Commissioner, Badangpet Municipal C,) ooration, Badangpet, Rangareddy-TS The Town P'annino Officer, Town planning Wing, 3adangpet lr.4unicipal AND .....PET|TIONERS/RES )ONDENT Nos. 1to3 1 Sadia Sultana. W/o Mohammed Khaia Occ. Housewife, e/o.1t -1 -37 Sl2t I N2iB Saidabad, Hyderabad-TS Moinuddin I ged about 39 years, Thalender I rgar, Santosh Nagar, ...RESPONDEII'M/RIT PETITIONER 2. State of Telanoana . Reoresented by its principar Secretary, Municipal Administration. -Secreiariat Buitding;, tifir.uurJ'-" "' ...RESPONDENT/ LESpONDENT No. 1 Petition under Section 151 CpC praying that in the : rcumstances stated in the affidavit filed in support of the petition, the High cour may be preased to dismiss the writ Petition (w.p No. 25889 of 2025) by vacat rg the interim order dated 29-08-2025 passed in I.A. No. 1 ot ZO25 in W.p. No. 2 889 of 2025 Counsel for the Petitioner: SRl. NAZIR AHMED KHAN counsel for the Respondent No.1 : Gp FoR MUNIctpAL Ar) ItNrsrRATroN Counsel for the Respondent Nos.2to5: SRI M. KRISHNA, AND URBAN DEVELOPMEI,I ' SC FOR MUNICIPAL CoRPr] {ATIoN The Court made the following: COMMON ORDER T' IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTTCE B. VIJAYSEN REDDY WRIT PETITIoN Nos.17777 and 25889 of 2025 Da

17.L2. o25 Between Sadia Sultana. And The State of Telangana, Rep. by its PrinciPal Secretary, Municipal Administration and Urban Development, Secretariat at Hyderabad and others. ...PETITIONER ...RESPONDENTS coM MON ORDER Heard Mr. Nazir Ahmed Khan, learned counsel for the petitioner and Mr. M. Krishna, learned standing counsel for respondents No.2 to 4 - Municipal Corporation. 2, Learned counsel for the petitioner submitted that the petitioner is in physical possession of the Plot No.163-MA0008 (Old Number 3-82), Sy.No.43, Mallapur Locality, Mallapur Village, Balapur Mandal, Ranga Reddy District. Provisional certificate of registration dated 11.08.2025 was issued to the petitioner for construction of Ground + First Floor in respect of the subject plot' However, without notice_ to the petitioner, the provisional certificate : l i I i i I I E I I ! i i I i ,| .i'l:l;r 2 of registration u/as revoked by order dated 25.08.2C 25 stating that there are several Court cases pending and thr: respondent - Municipality has established open Gym in the srr ject land and further, the land is proposed for public health centre However, the details of the Court cases are not mentioned in the r r iection order.

3. Learned counsel for the petitioner subnri ted that the petitioner has, prima facre, title to the subject t)r lperty on the strength of the registered sale deed dated 07.O2.ZO2O bearing Document No.1297 0f 2020.

4. Mr. M. Krishna, learned standing counsel. suLrr ritted that the land clarmed by the petitioner is in under continuou: possession of the respondent - corporation and had been used for lpen Gym and public toilets in the year 2020. Further, the -espondent - corporation proposed for construction of Public Heal l Centre in the subject land to cater to the needs of the below pove-1 / line families. The land is earmarked for public purpose and no pli ,ate individual including the petitioner can claim ownership. At n(' ooint of time, the Gram Panchayat has issued permission to the retitioner and moreover, the petitioner instituted a suit in O.S.No.3 )3 of 2025 on the file of the Additional lunior Civit Judge, Ranga R€ jdy District at L. B. Nagar. Having availed alternate remedy, the p(). itioner cannot be permitted to continue this,writ petition. I I I I ! I I I l ,,rl'r .-?,i-*-q@z .u --,/ / J

5. Learned standing counsel further submitted registered sale deed dated 07.02.2020 bearing document No.1297 of 2020 of the petitioner is based on a notarized agreement of sale dated

05.03.2009. Thus, there is not valid transfer under Section 54 of the Transfer of Property Act, 1882. He further submitted that the construction activity has already been commenced in the subject land for the purpose of establishing a Primary Health Centre.

6. Learned counsel for the petitioner submitted that assuming the petitioner does not have title to the petitioner, she has possessory title. The pahani for the year 20L2-13 clearly shows that there are houses in the subject property. Learned standing counsel relied on Bhu Bharathi extract

7. wherein it is shown that the land in Sy.No.43l1 in an extent of Ac.24.O2 guntas has been recorded as Mallapur Village, RCI Road, Primary School and that the said extent of Ac.24.O2 guntas is not a patta land. There is no pattadar passbook issued to any person and the nature of the land ls shown as Government land. Further, it is stated that the said survey number is marked as 'prohibited for transactions'. Learned counsel for the petitioner submitted that there are

8. several houses in Sy.No.43 and merely because the petitioner's property is vacant, she is being targeted by alleging that the t I ) i 4 respondent - corporation is in possession of the subject land. The petitioner instituted the suit O.S.No.303 of 20.5. It is stated that the res po ndents/defendants in the suit are r )t cooperating with the disposal of the injunction application in IA.tl .123 of 2025.

9. In the above circumstances, it would be in :he interest of justice to direct the trial Court to pass orders in IA I

0.123 of 2025 in O.S.No.303 of 2025 on the file of the I Additirr Judge cum I Additional ludicial Magistrate of Fir:;r al lunior Civil Class, Ranga Reddy District at L.B. Nagar, within a period of four 4) weeks from the date of receipt of a copy of this order. Howev lr, status quo order dated 29.08.2025, granted by this Court in rA P.tJc.25889 of 2025, shall remain in operation until disposal of IA.t\

0.123 of 2025 in O.S.No.303 <tf 2025. The petitioner is at liberty t( challenge the rejection order dated 25.08.2025 subject to th, outcome of IA.No.123 of 2025 or the result of the suit in O.S.No. 03 of 2025. According ly, the writ petitions are Jisposed of. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// Sc'-P.PONNA KRTSHNA AS I ISTANT REGISTRAR \-- SECTION OFFICER To, Rangareddy-TS t Ilg. Principal Secretary, Municipal Administration ar < Urban Development ^ !.MAUD) Secretariat, T.S., at HydbrabaO. ---'- z. I ne Commissioner. Badangpet Municipal Corp lration, Badangpet, 3. The Deputy Commissioner, Badangpet Municipal C,) loration, Badangpet, 4. The Town Plannino Offrcer, Town Planning Wing, )adangpet Municipal - Corporation, eaoano-oe| R;;bt;,i;y-iJr. rrr rv' I rr " 3::'#il3::El?"'l'nl3'i1*n"=,&i?-"fx"n wins' :rdanspet Municipar Rangareddy-TS

6. One CC to SRl. NAZIR AHMED KHAN Advocate [OPUC] 7. Two CCs to GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT ,High Court for the State of Telangana, at HydelqQad IQUJI 8. One CC to SRl. M. KRISHNA, SC FOR MUNICIPAL CORPORATION[OPUC] 9. Two CD Copies BM I HIGH COURT DATED:1711212025 CC TODAY I \ COMMON ORDER WP.Nos.17777 AND 25889 OF 2025 i,: IHE ST4 t lR i.. \ ( (- t ? 2 0fl] ';i,ni l'.'i t, 'i* . 'i;., I r5'n-.-.,.,.:i.' '---l':-:.:::- - : ..' Z.'li.I *i,, r;:z DISPOSING OF BOTH THE WRIT PETI'IIONS WITHOUT COSTS ,rlPV !+ ""j+