The High Court · 2025

Commissioner, Swama Jayanthi Complex, Sanjeev Reddy Nagar, Srinivas Nagar, Ameerpet, Hyderabad - 500038.

3. The Chief Planning Officer, Hyderabad Metro Development Authority (HMDA) Swarna Jayanthi Complex, Sanjeev Reddy Nagar, Srinivas Nagar, Ameerpet, Hvderabad - 500038 ...RES'.NDENT' Petition under Article 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 a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring that action of the Respondent No.2 and 3 in refusing to process the building permission application vide ISKP 1 12025, dated 29.06.2025 inrespect of the No.002642/MDA/00783/SWBP Petitioners property in plot bearing No.1, admeasuring 325 sq.yards, in the layout named as SOGNARE in forming part of Survey Nos.41lPart and 43, situated at Bandlaguda Jagir Village, Rajendranagar Mandal (now in Gandipet Mandal), Ranga Reddy district, Telangana State by issuing shortfall intimation letter ISKP 1 12025, dated 29.06.2025 that the Petitioner No.002642/MDA/00783/SWBP being minor and as such the application for the building permission of a minor cannot be considered and thereby requested the Applicant's father to obtain GPA as illegal, arbitrary, unconstitutional and against the principles of natural justice and consequently direct the Respondent No.2 and 3 to process and issue building permission vide Application No.002642/MDA/O0783/SWBP/SKP1/2025, dated 29.06.2025 in respect of the Petitioner's property in plot bearing No.1, admeasuring 325 sq.yards, in the tayout named as SOGNARE in forming part of Survey Nos.4liPart and 43, situated at Bandlaguda Jagir Village, Rajendranagar Mandal (now in Gandipet Mandal), Ranga Reddy district, Telangana State without any objection by duly considering the Petitioner's representation dated 27.07 .2025 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 rn support of the petition, the High Court may be pleased to direct the Respondents No. 2 and 3 to process and issue building permission vide application No 002642/MDA/ 00783/SWBP|SKP112025, dated 29 06.2025 in respect of the Petitioner's property in plot bearing No 1, admeasuring 325 sq.yards, in the layout named as 'SOGNARE" in forming part of Survey Nos.41lPart and 43, situated at Bandlaguda Jagir Village, Rajendranagar Mandal (now in Gandipet Mandal), Ranga Reddy district, Telangana State without any objection by duly considering the Petitioner's representation dated 27.O7.2025 in the interest of justice. Counsel for the Petitioner: SRI M.A.BASITH Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 & 3: SRI V.SIDDHARTH GOUD FOR SRI V.NARSIMHA GOUD, SC FOR HMDA The Court made the following: ORDER HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRITPETITIO N No.23489 o82025 ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondents No.2 and 3 in not acting upon his building permission application dated 29.06.2025 in respect of the Plot No'l admeasuring 325 square yards in Survey Nos'4l/part and 43' situated at Bandlaguda Jagir Village, Rajendra Nagar Mandal, (now in Gandipet Mandal), Ranga Reddy District, by issuing shortfall intimation letter dated29.06.2025, as being illegal, arbitrary and unconstitutional'

2. Heard Mr. M.A. Basith, leamed counsel for the petitioner; Mr. V.Siddharth Goud, leamed counsel, representing Mr' V'Narsimha Goud, leamed Standing Counsel for HMDA, appearing for respondents No.2 and 3; and perused the material on record'

3. The petitioner-minor is represented by his grandfather by name Mr. M.Shanker Rao (GPA holder). It is submitted that the petitioner is the owner of the subject property having acquired the same under registered gift deed bearing document No'7662 of 2O24 daLed 07 '06'2024 executed by the GPA holder (grandfather of the petitioner)' T j L I I t I t 1i1 .,1 t Jt : :i f, 2 On application No.002642MDAI00783/SWBPISKLI/2025 dated

14.06.2025 submitted by the petitioner through his father and natural guardian by name Mr. Mekala Nikhil Sagar, seeking building permission by availing TDR certificates, respondent No.3, having processed the same, issued the impugned shortfall letter dated 29.06.2025 srating rhat the title of the petitioner-minor in respect of the subject property was verified and his request cannot be considered as he is a minor, and the father of the applicant may be informed to produce copy of the GpA executed in favour of the appticant for processing his application. Learned counsel fbr the petitioner submitted that the applicant is none other than the father and natural guardian of the petitioner-minor. l'hus, the question of the applicant producing copy ol GpA does nor

4. Section 8( l) of the Hindu Minority and Guardianship Act, 1956 (for short 'Act') says that the natural guardian of a Hindu minor has power to do all acts which are necessary and reasonable for the benefit of the minor and for protection of the minor's estate. This writ petition is filed by the grandfather of the petitioner-minor and the applicant is none other than the father and natural guardian. The father and rnother of a "ry/ ., fiiiidu minor are natural guardians under the provisions of the Act and they do not need any permission to deal with the estate of the minor, more so for the benefit of the minor. However, if doubt is expressed regarding their guardianship, respondent No.3 could have insisted the petitioner to fumish the documents like Aadhaar Card, binh certificate, passport and other public documents to show that the applicant is the father and natural guardian of the minor. Instead of doing so, the impugned shortfall letter dated 29.06.2025 was issued directing the petitioner to submit GPA documents which cannot be sustained.

5. In the circumstances, this writ petition is allowed. The impugned shortfatl intimation letter dated 29.06.2025 is set aside. Respondent No.2 is directed to process the building permission application of the petitioner d,ated 29.06.2025 in respect of the Plot No.l admeasuring 325 square yards in Survey Nos.4llpart and 43, situated at Bandlaguda Jagir Village, Rajendra Nagar Mandat, (now in Gandipet Mandal), Ranga Reddy District by verifuing the documents like passport, Aadhaar card, etc., conhrming that the petitioner is the son of Mr. Mekala Nikhil Sagar, and shall pass appropriate orders in accordance with law, within a period of I I iJ.5 .4 4 !-Ix'*ffi \- qlJ' \ twenty one (21) 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/. M.NAGAMANI sqrSTANT REGISTRAR A //TRUE COPY// .t SECTION OFFICER The Principal Secretary, Municipal Administration Dlpartment, Telangana Secretariai, Hyderabad, State of Telangana ii" Co*rl."i"*i, nyOeraOao Metro Development Authority (HMD-A)' sw-"ra iiii"tni cbm'pte,,, Sanjeev Reddy Nigar, Srinivas Nagar, Ameerpet' Hvderabad - 500038. ifrJ Ct[f pfr*ing -Offic"t, Hyderabad Metro Development Authority (HMDA) S*rrr l"v"nini iompter, 56njeev Reddy Nagar' Srinivas Nagar, Ameerpet' Hvderabad - 500038. Oire CC to SRI M.A BASITH, Advocate [OPUC] i,ii" cc.i"-ci ron vcpl ADMN & URBAN DEV, High court for the state of Telangana, at Hyderabad. [OUTI o"" CC-to sniv N1ARSIMHA Goub sc FoR HMDA [oPUC] Two CD CoPies l To 1 2 4 5 6 7 PSK. PSK HIGH COURT DATED:1110812025 CC TODAY ORDER WP.No.23489 of 2025 fiE Srri t C() 1 2 ril,B 2025 t lF:e ,r r ;,^f :ilftr- '(.vz ;.-a' .C)L ALLOWING THE WRIT PETITION WITHOUT COSTS 1 1v [s )f