Yanamadala lndumathi, Wo. Samb v. The State of Telangana, ReP. bY Pr

nstitution of lndia praying that in the Petition under Article 226 of the C therewith, the High Court maY be circumstances stated in the affidavit file particularly one in the nature of writ pleased to issue writ order or direction mo the respondents No.4,5 and 6 in of Mandamus and declaring the action o 85/G H MC/303 I I SLP2I2024-BP dated issuing Rejection Letter vide Lr. No. 006 of the petitioner vide 1510112025 to the Building Pe rsslon ted 1910612024 as being illegal No.006485/GHMC/3083/SLP212024-BP d arbitrary and violative of Article 14, 21 a d 300-A of Constitution of lndia and consequently set aside the above the Rejection Letter vide Lr. No. 006485/GHMC 1303815LP212024-BP dated I 5tO1 t2O2S issued by respondents 3, 4 and 5 and to process the building permission in respect of plot No.1 10, in Survey No.45 Part, admeasuring 944 Sq yards, situated at KAVURI HILLS Guttalabegumpet (V), Serilingampatly (M), Ranga Reddy District, T.S., and bounded by North. Plot No,'109, South. owners Land, East 40 ft. Wide Road, West. Plot No.'l 1'1 and 112., without insisting ULC CJearance Certificate from Revenue Department and direct the respondent No.3 to exempt the Survey No.45 Part from prohibitionary list 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 set aside the Rejection Letter vide Lr. No. 006485/GHMC/303BtsLp2tzo24-Bp daled 1510112025 by directing the respondents No.4,5 and 6 to process the Building perm vide No.006485/GHMC/3083/SLP2t2O24-Bp dated 19-06-2024 and in respect of Plot No.1 10, in Survey No.45 part, admeasuring 944 Sq yards, situated at KAVURI HILLS, Guttatabegumpet (V), Seritingampally (M), Ranga Reddy District, T.S., and bounded by North. plot No.109; South. owner's Land; East. 40' ft. Wide Road; West. Plot No.1'l 1 and .l 12., without insisting ULC clearance certificate from Revenue Department and direct the respondent No.3 to exempt the Survey No.45 Part from prohibitionary list. Counsel for the Petitioner: SMT. THAKUR ROOPA SINGH Counsel for the Respondent No.1: Gp FOR MCPL ADMN URBAN DEV Counsel forthe Respondent No.2 and 3: SRt MOHD. HABEEBUDDIN, AGP FOR ASSIGNMENT Counsel for the Respondent Nos.4 to 6: SRI G. MADHUSUDAN REDDY, SC FOR GHMC The Court made the following: ORDER , a HONOURABLE SRI IUSTICE B. VIJAYSEN REDDY WRIT PETITION No. 05 0F 2025 ORDER: (ORAL) This writ petition is filed bY the etitioner seeking to declare the action of respondents No.4 to 6 in i suing the rejection lettet vide Lr.No.006485/GHMC/303 8/SLPZ|LOZ4- P dated 15.01.2025 rejecting her building permission application d 19.06.2024 in resPect of the Plot No.l10, admeasuring 944 squar yards ln Survey No.45 Pan, situated at Kavuri Hills, Guttatabeg mpet Village, SeritingamPallY Mandal, Ranga Reddy District, without assigning any reasons, as being illegal, arbitrary and unconstitutional.

2. Heard Ms. Thakur RooPa Singh, I arned counsel for the Petitioner; Mr. Mohd. Habeebuddin, leamed As istant Govemment Pleader for Assignment, appearing for respondents o.2 and 3; Mr. G.Madhusudan Reddy, learned Standing Counsel for G C, appearing for resPondents No.4 to 6; and perused the material on cord.

3. Learned Assistant Government P eader for Assignment, basing on the subject property of the the written instructions, submitted petitioner forms part of the Survey N .45 of GuttalabegumPet Village 2

9.j One Ms. Sarojini Devi Wo Itamayya Chowdary fitcd declaration in Form-I under Scction 6(1) of the Urban Land (Ceiling and Regulation) Acl, 1976 (for short 'Act') and she was determined as surplus land holder to an extent ol 16,288.6 I square meters in Survel, No.45 ol' Guttalabegumpet Village vide C.C. No.Fl/3018/1976 and order under Section 10(6) of the Act was passed on 10.06.2007 the possession of the said land was taken over on 08.02.2008 and vested with the State Govemment. Another person by name Mr. Kavuri Venkata Jagan Rao filed declaration in Form-I under Section 6(l) of the Ur.ban Land (Ceiling and Regulation) Act, 1976 (for short 'Act') and he u,as determined as surplus land holder to an extent of 15,596.72 square rncters in Survey No.45lP of Guttalabegumpet Viltage vide C.C. No.Fl,rl80i l9g2 and order under Section 10(6) of the Act was passed on 25.03.200g; the possession o1'the said land was taken over on 25.03.200g and vested with the State Govemment. The third person by name Mr. Kavuri Radha Krishna Murthy llled declaration in Form-l under Section 6(l) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short .Act,) and he was determined as surplus land holder to an extent of60.112.12 square meters in Survey Nos.45 and, 45tP of Guttalabegumpel Village vde C.C. No.Fl/300511976 and order under Section l0(5) o1. the Act was ,f-a passed on 11.01.2008; the possession o the said land was taken over on

15.02.2008 and vested with the State G vernment.

4. Leamed Assistant Govemment Pleader for Assignment further submitted that Guttalabegumpet Villag was listed in Fathenagar Gram Panchayat and falls within the core area of the Hyderabad Urban "Agglomeration and there flore, G.O.Ms. No.733 dated 3l.10.1988 is not applicable to the land of the petitio er situated at GuttalabegumPet i l I Village. The petitioner, in fact, su itted representation before the District Collector, Ranga Reddy Dis ct on the strength of sale deed bearing document No.27983 of 1990 ted 07.03.1990 and requested to issue ULC Clearance for the subject perty on 03 .01 .2025. The matter has been got enquired into bY the puty Inspector of Surwey, ULC, Ranga Reddy District and it was rev ed that the subject property was declared as surplus land and ted under the Act as Per Section 10(6) list of the Act and ub Division Record (SDR) in C.C. Nos. F tl30l8l 197 6, Fl/l 80/l 982 Fv300511976.

5. Leamed counsel for the Peti oner relied on the order dated

14.07.2017 passed by this Court in P. No.9680 of 2006.frled by Ms. J.Sarada Govardhini who claim ownership over the Plot No.103, 4 admeasuring 1000 square yards tn Survey No.45, situated at Guttalabegumpet Village, Serilingampally Mandal, Ranga Reddy District having purchased the same under registered sale deed dated 18.01.1990 from one Ms. Sarojini Devi. The said writ petition was alloWed holding that further proceedings ought not to have taken hy the respondent authorities against the original declarant after granting exemption on

19.05.1989 vitle Memorandum No.44955lUC. I l(2)/89-l without rescinding the same. Further, it was held that in vicw of the valid purchase of the land by the petitioner therein and continuing in the possession, any action under Sections l0(5) and I 0(6) o1- the Act, without informing her is invalid. The alleged paper possession is not binding on the petitioner therein and it is not a de facto possession as held by the Hon'ble Supreme Court.

6. On perusal of the record, it is seen the petitioner has also purchased the subject propefty from Ms. Sarojini Devi who is the vendor of the petitioner in W.P. No.9680 of 2O06. Even in the instant case, the petitioner claims that her vendor was granted exemption vide Memorandum No.44956tuC.11(2)189-l on 19.05.1989 issued by the Additional Secretary to the Government Revenue Departrnent clarifuing I I i I t I I I i /' r) 5 that Ms. Sarojini Devi, the vendor of th petitioner, does not requtre any separate orders exempting the land to e extent alreadY covered under the G.O.Ms. No.733. It is clearly me the land of Ms. Saroj ini Devi to meters rn Survey No.45 of Gu Thus, the petitioner herein stands on tioned in the memorandum that extent of, 16,288.61 square egumpet Village IS exemPted. the same footing as that of the I petittoner in W.P. No.9680 of 2006 d the order dated 14.07.2017 is squarely applicable to the present c Thus, the rejection of the buitding permission application of the petitioner on the ground that the subject proPerty is vested in the State vernment (ULC) under Section 10(6) ofthe Act is unsustainable' 7 . In the circumstances, this writ P tition is allowed and the rejection letter v ide Lr.No.006485/GHMC/3 03 ]SLP2I2O}4-BP dated 15'01'2025 rejecting her building permission appl cation dated 19.06.2024 in respect ofthe subject land is hereby set aside' directed to reconsider the build petitioner dated 19.06'2024 in ConsequentlY, resPondent No'5 is permission aPPlication of the of the subject land without reference to the rejection letter dated

15.01.2025, bY giving oPportuilty of hearing to the Petitioner and s orders in accordance with law, 6 within a period of twenty one (21) days from the date ol.r.eceipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, il. any, pending in this writ petition stand closed SD/. P.CH.NAGABHUSHAMBA REGISTRAR TPUTY //TRUE COPY// .\ SECTION OFFICER The Principle Secretary Municipalities Administration Urban Development, The State of Telangana, Secretariat Hyderabad. The Principle Secretary Revenue Urban Land Ceiling Department, The State of Telangana, Secretariat Hyderabad. The Collector, Urban Land Ceiling, Ranga Reddy District The Commissioner, The Greater Hyderabad Municipal Corporation, Tank Bund Hyderabad. The Zonal Commissioner, The Greater Hyderabad Municipal Corporation, Serilinqampally Zone, Ranga Reddy District. The Aist. City Planner 3, S-erilingaripally Zone Greater Hyderabad Municipal Corporation, Serilingampally Zone, Ranga Reddy District One CC to Smt. Thakur Roopa Singh, Advocate [OPUC] Two CCs to GP for Municipal Administration Urban Development, High Court for the State of Telangana, at Hdyerabad [OUT] Two CC to The GP for Assignment, High Cou( for the State of Telangana, at Hyderabad[OUT] One CC toSri G. Madhusudan Reddy, SC for GHMCIOPUCI Two CD Copies To, 1 2 a 4 E 6 7 o o 10 11 TJ PSK. IH HIGH COURT CC TODAY DATED:1910812025 ORDER WP.No.24505 of 2025 \ --t-=::='\ E S,"A a l. ?: ,( ,, 5 r\]E 2!,?5 \1 ,. a{ '\, /1.: ALLOWING THE WRIT PETITION WITHOUT COSTS