The High Court · 2025

M/s. Sreshta Properties, A Partnership firm having its office at Plot No.'l 12, Samskruthi Avenues, Road No. 1 , Dwaraka Nagar-1, Gajularamaram, Hyderabad, Telangana Rep., by its lVlanaging Partner Sri Chenchu Ramaiah Ponugumati S/o. Sri P.Chinnabbi, Aged about 58 years, Occ. Business, Rl/o. Konijedu, Prakasam District, Ongloe, Andhra Ptadesh-s23 272. ...PETITIONER AND 1 The State of Telangana, Rep by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad, Telangana State.

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

3. Zonal Commissioner, GHMC, Kukatpally Zone, Hyderabad, Telangana State 4. City Planner, Kukatpally Zone, GHMC, Hyderabad, Telangana Slate ...RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, oider or direction more particularly one in the nature of Writ of Mandamus for declaring the action of the respondents in issuing shortfall intimation Letter File No. 003610/GHMC/01902/SWBPlKPL2l2025 dt.07-07-2025 making objection pertaining to Master Plan and not issuing building permission to the petitioner in respect of PIot Nos. 212, 213 and 214lPar1 North side, Sy.No. 1slPan, admeasuring 378.82 Sq. Mtrs., Gajualarmaram Village, Quthbullapur Mandal, Medchal-lvlalkajgiri District, Telangana State as being illegal, arbitrary, violation of principles of natural justice besides violation of GHMC Act and Rules made there under and also in violation of Articles '14, 300 A of the Constitution of lndia and consequently set aside the Shortfall Letter vide File No. 0036 1 o/GHMC/o 1 902/SWB P/KPL2| 2025 dI. 07 -07 -2025 issued by the respond ent no.4 herein and to direct the respondents to issue building permission to the petitioner in respect of above said subject property i.e., Plct Nos. 212, 213 and 214lPan North side, Sy.No.1S/Part, admeasuring 378.82 Sq. Mtrs., Gajualarmaram Village, Quthbullapur lvlandal, Medchal-Malkajgiri District, Telangana State without reference to the objection that the above subject site is falling on Proposed 30 Mtrs., Master Plan road under master plan lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the ci'cumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue interim directions by suspending the Shortfall Letter virle File No. 003610/ GHMC/01902/SWBP|KPL2|2025, dated O7-O7-2025 issuerl by the Respondent No.4 herein and to direct the respondents to issue building permission to the petitioner in respect of above said subject property i.e., [)lot Nos. 212, 213 & 214lPart North side, Sy.No. 1s/Part, admeasuring 378.82 Sq.Mtrs., Gajularamaram Village, QuthbullapurMandal, Medchel-Malkajgiri District, Telangana State without reference to the objection that the above subject site is falling on Proposed 30 lv1trs., Master Plan road under master plan pending disposal of the present writ petition Counsel for the Petitioner: SRI G. GOPALACHARY Counsel for the Respondent No.1: cP FOR MCPL ADMN URBAN DEV Counsel forthe Respondent Nos.2 to 4: SRI K. RAVI MAHENDER, , SC FOR GHMC The Court made the following: ORDER HONOURABLE SRI IUSTICE B. VIIAYSEN REDDY WRIT PETITION No.23470 OF 2025 ORDER:(ORAL) This writ petition is fiIed by the petitioner seeking the following reliet "...to issue a writ order or direction more particularly one in the nature of Writ ol Mandamus for declaring the action of the respondents in issuing shortfall intimation Letter File No 0036ro/GHMC/o1902/SWBP^(PL212025 dt. 07-07-2025 making objection pertaining to Master Plan and not issuing building permission to the petitioner in respect of Plot Nos. 212, 213 & 214/Part North side, Sy.No. l5lPart, admeasuring 378.82 Sq. Mtrs., (ibjualannaram Village, Quthbullapur Mandal, MedchalMalkajgiri District, Telangana State as being illegal, arbitrary, violation of principles of nahrral justice besides violation of CHMC Act and Rules made there under and also in violation of Articles 14, 300 A of the Constirution of India and consequently set aside the Shortfall Letter vide File No. 00361OiGHMC/01902iSWBP/KPL212025 dt. 0'7 -07 -2025 issued by the respondent no.4 herein and to direct the respondents to issue building permission to the petitioner in respect ol'above said subject property i.e., Plot Nos. 212, 213 & 214lPart North side, Sy No. l5/Part, admeasuring 378.82 Sq. Mtrs., Gajualarmaram Village, Quthbullapur Mandal, Medchal-Malkajgiri District, Telangana State without reference to the objection that the above subject site is falling on Proposed 30 Mtrs., Master Plan road under master plan and to pass..."

2. Heard Mr. G.Gopata Chary, learned counsel for the petitioner; Mr. K.Ravi Mahender, learned Standing Counsel for GHMC; and perused the material on rccord. 2

3. Leamed counsel for the petitioner submittcd that the building application of the petitioner in respcct of the subjcct property was not considered and the impugned shortlall intimation letter vide File No.003610/GHMC/01902iSWBPlKPL2l2025 datcd 07.07.2025 was issued stating that as per the master plan, thc site is affected in the proposed 30.00 master plan road and the pctitione" rvas directed to submit proposal for the balance left over area

4. Learned counsel for thc petitioner relied on the order dated

08.01.2024 passed by this Court in W.P. No.358 tf 2024 wherein, paragraph No. 13 reads as under: "Having regard to the above, this Court is of th: r ierv that though the respondents authorities claim that thc subject srte of the petitioner is covered by a' Master Plan 100 fect Road notified in the year 2008, cannot seek to deny grant of building permission on that ground, when the authorities have not taken any steps till date, even alter passage of 15 years since the Master Plan has been notified."

5. Leamed counsel for thc petitioner submitted that the issued involved in this writ petition is squarcly covered by'the aforesaid order and the same is not disputed by the leamed Standing Ccunsel for GHMC.

6. In the circumstances, this writ petiticn is allowed The impugned shortfall intimation lettcr vide Filc No.003610/ 3 GHMC/01902/SWBP/KPL2i2025 dated 07.01.2025 is set aside' Respondent No.4 is directed to reconsider the application of the petitioner dated 03.07.2025 without ref'erence to the shortfall intimation letter dated o7 .07 .2025, and pass appropriate orders in accordance with law, within a period of twenty one (2 I ) days from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY// sEc FICER To,

1. The Principal Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad, The State of Telangana, Telangana State.

2. The Commissioner, The Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad, Telangana State

3. Zonal Commissioner, GHMC, Kukatpally Zone, Hyderabad, Telangana State. 4. City Planner, Kukatpally Zone, GHMC, Hyderabad, Telangana State 5. One CC to Sri G. Gopalachary, Advocate [OPUC] 6. Two CCs to GP for [\/rJnicipal Administration Urban Development, High Court for the State of Telangana, at Hyderabad [OUT]

7. One CC to Sri K. Ravi Mahender, SC for GHMC[OPUC] 8. Two CD Copies M- TJ BS HIGH COURT DATED:0710812025 ORDER WP.No.23470 ot 2025 1 ir- Sl a r A 2,..\ ,l. r" /-{ o , 1(, \ \\ 02 stP m /,. * t) f.q.n, ,-, \_- ,,/ -, ALLOWING THE WRIT PETITION WITHOUT COSTS I