The High Court · 2025

Represented by their Gener.ar power of Aftorney Horder M/s.Vishrut Vasusri rnfratech LLp, A rimited tiaaitity pirtnerit i'p hl;"6 itro'm"" at ws crest, prot No. B-2-438n. Road No. a,6j"lJrg iiii5., ij!il;?affi _ s00 034 rep. by its Managing partner M. Suryanaray'a Raju, S/o.t/.5;;ii. nr;r, aged about 60 ["rif;,3jj Business, nvo. n.ru5.20r,'lssa nolliil'tt, s?iibtv] ii,i,",ii'rbi",i, ...PETITIONERS 6 AND 't . The State of Telanoana re_presented by its Municipal Secretary, Municipal Administration and-Urban oer"ropmeninutii"riiv i[,naaubi ii;r;il;;;i-' Secretariat, Hyderabad 2. The Greater_Hyderabad Municipal Qqrp_oration, Rep. by its Commissioner. 3rd to Sth floor, 640, Ac Guards, obp. prr-auiriinsi,'i-fi"iiuia--;iiii'bu""" "'" -Coionv, 3 R. Sowmya Reddv Dio. Babruvahan Reddy' W/o Pakala Venkata Raia Reddy, Ased about 42v."r.lo?il io'Jivir"' ruo H No'3-5-1 093 121 I 51 1 Ic' ijiiltjri,b',i er;[, vent<ates]wai" Reo. bv its Authorised Signatory, Mr' Sayed.Akther P/o Late Syed lmam' iISo""iiit?);;;;;, o;:, B;'in"ii, mo. H.No e-4-62i'1e' Nizam coronv' T5lichowki, Hyderabad. (Respondent No.3 rs impleaded as per C O dated 04 02 2025 in lA No 2 of 2024) Naravanaguda' Hvderabad' ...RESPONDENTS "lrpr.opiiute PetitionunderArticle226otlheConstitutionoflndiaprayingthatinthe circumstancesstated'ntheaffidavitfiledtherewith,theHighCourtmaybe Writ, Order or direction' more particularly one in pleased to issue uny of Writ oi MandJmus declaring the action of the 2nd respondent in not ih;;;il releasing the building peimission to the petitioners in respect of application - ir" no. oi ro+slciH,rc B73gtcHR1l2o23-BP in respect of land L""ri"g admeasuring 8125 sq. yarOilcomprisingol 4742 sq- yards in suryeJ no' 160 and 3383 Sq. yards in .r*"y nolf Ot)'in su*rv-ey nos' 160 and 161 of Mailardevpally iiLg"-,-r;,J", GHMC, Rajendranag-ar Ciicle' Rajendranagar Mandal' Ranga Reddy District despite oayiig p;rmit"fees and. executing gift and mortgage deeds tv til-pliiti"n"r.., ,. irreg"ri atoit"ry and. in contrary to the provisions of ilfung",i, State Buitding pEimission Aiprovat and Self Certification System (TS- BP;S-SJ A"i, 2o2O anclionsequently diiect tne respondent no' 2 to release the UriiOi"S permission to the petitioneis in respect of application bearing.flg no. oiio+sicHrracE73gtctlR1li023-BP in respect of land admeasuring 8125 sq' iuru. i"orpri.ing of 4742 sq. yards in suwey no- 160 and 3383 sq yards in surveyno.161;insurveynos.'l60andl6lofMailardevpallyVillage'under eif,llt, Ra.lendranagar 6ircle' Rajendranagar Mandal' Ranga Reddy District forthwith. IA NO: 1 OF 2024 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the p"iltion, ine Hign Court may be pleased to JiL"t tn" respondent no. 2 to release the building permission to the petitioners in ;""p""i of apptication bearing fite no. 011645/cHtvlcl5739lc{R1l2023-BP in "8125 sq' yards (cornprising oI 4742 ?9: Var9t ;n i"ii""t of land admeasuring no 1.61 ) in survey nos 160 and '161 oi frl"ilrrO"rpally Village, unier GHMC, Rajendranagar Circle' Rajendranagar "r*"V Mandal, Ranga Reddy District forthwith' no. 160 and 3383 sqlyards ln 91rve1 Counsel for the Petitioners: SRI S. SRIDHAR counsetfortheRespondentNo.l:GPFoRMUNICIPALADMINISTRATIoN& URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI RAPARTHI VENKATESH Counsel for the Respondent No.3: SRI N. KRISHNA SUMANTH The Court made the following: ORDER ,l II THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 22099 of 2024 ORDBR: Heard Sri S. Sridhar, learned counsel for petitioners and Sri Raparthi Venkatesh, learned Standing Counsel appearing for 2 respondent and Sri N. Krishna Sumanth, leamed counsel appearing for 3'd respondent.

2. Petitioners are clairning that they are the absolute owners and possessors of land admeasuring 3993 sq.yards in Survey No.l60 situated at Mylardevpally Village, Rajendranagar Mandal, Ranga Reddy District, on the strength of a registered Sale Deed bearing document No.16392 of 2006 dated

29.11.2006. With an intention to construct I cellar + 3 stilt and 22 upper floors over the subject propefiy, they have submitted application dated 18.10.2023 before 2nd respondent - Greater Hyderabad Municipal Corporation (GHMC), rep. by its Commissioner, Hyderabad, with a request to accord permission. On receipt of the said application, 2nd respondent has issued intimation letter dated 09.11.2023 requesting petitioners to pay an amount of Rs.3,99,30,350/- towards 2 KL' J w. P.No 22099 ot2024 building perrnit fee. According to petitioners, they have paid the said amount in instalments and filed proof of payrnent of the same. Pr:titioners have also executed registered Simple Mortgage I)t:eds bearing No.4979, 4980 and 4981 of 2024, dated 15.06.2024. They have also executed registered Gift Settlement Deed bearing document No'4978 of 2024 dated

15.06.2024 in favour of 2nd respondent- 2nd respondent is not considering the said application ofpetitioners and releasing the building perrnit order. On enquiry, 2nd respondent informed petitioners that 3'd respondent has filed a suit vide O.S No'596 of 2022 against petitioners seeking perpetual injunction'

3. Sri S. Sridhar, learned counsel for petitioners would contend that suit schedule property is different to the property in respect of which the petitioners submitted aforesaid application to 2"d respondent seeking permission for construction, However, 2nd respondent cannot decide title disputes inc)uding identification of the subject property. 2nd respondent has to consider printa facie title and possession of petitioners over the subject property in terms of Section 7 of J w P.N" 220ss "t\f,rl TG-bPASS Act,2020. Aggrieved by rhe said inacion of 2d respondent in not releasing the building permit order, petitioners filed the present Writ petition. 4, Sri N. Krishna Sumanth, leamed counsel appearing for 3'd respondent,, on instructions, would submit that 3'd respondent is the absolute owner and possessor of rand admeasuring 20 guntas in Survey No. 160 part situated at Mylardevpalli Village, Rajendranagar Mandal, Ranga Reddy District, on the strength of registered Sale Deed bearing document No.6743 of 2003 dated 31.05.2003. She is in possession of the said property. Learned trial Court granted interim injunction title ord,er dated 05.07.2022 in I.A.No.2gl of 2022 in O.S.No.596 of 2022 and rhe said I.A. is pending and interim injunction is subsisting. It is further contended that 3'd respondent has alreacly executed a registered Agreement Of Sale-cum-General power of Attomey with possession vide document No.994l of 20lg dated 11.09.201g in favour of S.A. Builders and Developers. 4 KL, J w.P.No 22{)9 ol 2021

5. Sri S. S;ridhar, learned counsel for petitioners would submit that GHMC is not a parly to the said suit and the suit schedule propefty and the subject property are dil'ferent' However, 2nd respondent cannot consider the said aspects in terms of Section 7 of TG-bPASS Act, 2020'

6. Sri Raparthi Venkatesh, learned Standing Clounsel appearing for 2"d respondent, on instructions' r'vould submit that 2nd responclent will consider application dated 18'10'2023 submitted by petitioners seeking permission for conslruction of 1 Cellar r I Stilt + 22 lJpper Floors, and pass orders strictly inaccordanc,:withtheprocedurelaiddownunderGreater Hyderabad Municipal Corporation Act' 1955' and also TG-bPASS Act, 2020, by putting petitioners and 3'd respondcnt on notice and affording them an opportunity of hearing.

7. In the iight of the said submissions,' this Writ Petition is disposed ofdirecting 2nd respondent to consider the application dated 18.10.2023 submitted by petitioners aud payrnent of amount of Its.3,99,30,3501- by petitioners towards building ., tt .. a : 5 KL, J W.P.No 22()99 of 2o2a permit fee pursuant to very intimation letter dated 09'll'2023' 2'd respondent shall also sonsider the contention of the petitioners that suit schedule property in O'S'No'596 of 2022 is different to the subject property claimed by petitioners' 2"d respondent shall consider the interim injunction order dated 05.07.2022 passed by the learned trial Couft in I'A'No'281 of 2022 inO.S.No.596 of 2022' As per Section 7 of TG-bPASS Act, 2020,2nd respondent shall consider prima facie title and possession of petitioners over the subject property' He cannot decide or adjudicate inter se disputes between petitioners and 3d respondent including identification of the subject property. He shall complete the said exercise within four (4) weeks from the date of receipt of copy of this order' There shall be no order as to costs. Miscellaneous applications, if any pending' shall stand closed. //TRUE COPY// sD/- MOHD. lstylAll AssrsrANr "7*" SECTION OFFICER \ To, 1 The Municipal Secretary, MunicipqlAdministration and Urban Development Aiiir']ilritv itfiA a ubj otjpartmeni, The state of relangana, secretariat' Hyderabad 7 \ \ '

2.TheCommissioner,TheGreterHyderabadMunicipalCgp-ogtt-on3rdtosth - ttoor 640. AC Guaids, Opp. PTI Building, Hyderabad - 500 004' e orl" CC to SRI S. SRIDHAR, Advocate IOPUCI ; il; ccstoGP FoR IUUNIcIPAL ADMlNlsrRArloN & URBAN oeVrr-oPMENT, High Court for the State of Telangana [o-UT] s. one ccto sRl RAPARTHI VENKATESH, Advocate-[o-PU^C] 6. Oh" CC to SRI N. KRISHNA SUMANTH, Advocate [OPUC] 7. Two CD CoPies w t CC TODAY , I I I I HIGH COURT DATED:0410212025 ORDER WP.No.22099 of 2024 '( ^iL!:1 C P * e l: -l,li AJ Ar) \sy \esN. c ti 9l DISPOSING OF THE WRIT PETITION WITHOUT COSTS { \0