'1. Sara Bikshapathi v. State of Telangana

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 an appropriate order, writ or direction more particularly one in the nature of writ of mandamus declaring Lr. No.007350/GHMC/ 3472\KHB2|2O04-BP, dated 04.09.2024 issued by 3rd respondent as illegal, arbitrary, without application of mind and contrary to the provisions of the GHMC Act, '1955, besides being violative of Articles 14,21 and 300,4 of the Constitution of lndia and consequently set aside the same holding that as per G.O.Ms. No. 2032, Rev. (UCll) Dept. dated 26.11.2005, G.O.Ms. No.2034, Rev. (UCll) Dept. I I 7 dated 26.11.2005 and G.O.Ms. No.2033, Rev. (UCll) Dept., dated 26.11.2005 and No Objection vide Endorsement No.111184312007, daled 12.02.2008 issued by 4th respondent-District Collector, the subject land is not covered by ULC and direct the respondents 2 and 3 to issue construction permission pursuant the construction Application in File No. 007350/GHMCl3472lKHBZl2024-BP, dated 06.O7.2024 made by petitioners 1 and 2, through petitioner No.3, seeking construction permission in respect of land in T.S.No./Sy.No.88OLD/ 92NEWi'17 of Shaikpet village situated at Film Nagar, Shaikpet mandal, Hyderabad district in accordance with law, in-the interest of justice. lA NO: 1 OF 2024 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 direct the respondents 2 and 3lo reconsider the construction Application in File No 007350/G HMC I 347 2 I KHB2I 2024-BP, d ated 06.07.2 024 made by petitioners 1 and 2, through petitioner No.3 in accordance with law by taking into consideration G.O.Ms. No.2032, Rev. (UCll) Dept. dated 26.11.2005, G.O.Ms. No. 2034, Rev. (UCll) Dept. dated 26.11.2005 and G.O.Ms. No. 2033, Rev. (UCll) Dept., dated 26.11.2005 and No Objection vide Endorsement No.111184312007, dated 12.O2.2008 issued by 4th respondent-District Collector, as expeditiously as possible in the interest of justice. Counsel for the Petitioners: SRI E.MADAN MOHAN RAO, Sr. COUNSEL, REP. FOR SRI M.SRINIVAS Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2 & 3: SRI MIDDE ARUN KUMAR, SC FOR GHMC Counsel for the Respondent No.4: AGP FOR REVENUE The Court made the following: ORDER TIIE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION N0.25374 of 2024 ORDER: Heard Sri E. Madan Mohan Rao, learned Senior Counsel representing Sri M. Srinivas, learned counsel for petitioners and Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos.2 & 3 and leamed Assistant Government Pleader for Revenue appearing for 4,h respondent.

2. Petitioners are claiming that they are the absolute owners and possessors of plot area admeasuing 655.97 Sq.Mtrs in Survey Nos.87 and 88 situated at Shaikpet Village and Mandal. With an intention to construct a commercial building, they have submitted an application dared 06.07.2024 to the respondent Corporation under TG-bpASS Act, 2020, by way of self-certification and self-declaration. According to them, they have submitted all the relevant documents. Even then, 3'd respondent has issued shortfall notice dated 22.07.2024 to petitioners with the following objections. "Width of the Approach Road not in confirmatory with the plan, Approach Road width less than l2 Mt. - 2 KL' J \tt .P No.25374 of 2024 The subject land falls is covered under ULC through vide CC No.E215739176 & E2/7700/76. Heoce permission cannot be considered. Hence suggested for shortfall." According to petitioners, they have submitted documents and also reply to the said shortfall notice. But, without considering the same, 3'd respondent has issued rejection letter dated

04.09.2024. Challenging the said rejection letter, petitioners filed the present Writ Petition.

3. Learned Sr. counsel for petitioners would submit that petitioners have submitted one more application dated

18.09.2024 under TG-bPASS by way of self-certification and self-declaration, along with all the relevant documents including ULC proceedings etc. He would further submit that there is no provision to issue second shortfall notice. Learned counsel for petitioners seeks a direction to 3'd respondent to consider application dated 18.09.2024 submitted by petitioners, along with relevant documents.

4. Sri Midde Arun Kumar, leamed Standing Counsel, on instructions, would submit that 3'd respondent will consider the 3 KLJ W.P No 25374 of 2024 application dated 18.09.2024 submitted by petitioners, along with relevant documents and pass appropriate orders in accordance with the procedure laid down under the provisions of Greater Hyderabad Municipal Corporation Act, 1955. \

5. In the light of the said submission, this Writ Petition is disposed of directing 3'd respondent to consider the building application dated 18.09.2024 submitted by petitioners by taking into account endorsements dated 2l .04.2006 issued by Joint Collector, Hyderabad; permission dated 30.07.2001; ULC proceedings obtained by petitioners vide G.O.Ms.Nos.2032, 2033 & 2034 dated 26.11.2005; endorsement dated 12.02.2008 issued by Joint Collector, Hyderabad; proceedings dated 30.08.2011 issued by Commissioner, GHMC etc., and pass appropriate orders in accordance with law. However, if 3'd respondent ls not inclined to accept the request made by petitioners vide their application dated 18.09.2024, he shall assign specific reasons and pass necessary order and communicate the same to petitioners. However, he shall complete the said exercise 4 KL. J W -P-No.23374 ot 2024 1 within a period of four (4) weeks from the date of receipt of a copy ofthis order. Miscellaneous applications, if any pending, shall stand closed SD/-S. MALLIKARJUNA RAO NT REGISTRAR ASSI //TRUE COPY// ECTION OFFI CER To, 1 . The Principal Secretary, Municipal Administration Department' Telangana Secretarrat, Saifabad, Hyderabad, State of I elangana'

2. The Commissioner, Greater Hyderabad Municipal Corporation' Tank Bund Road, Hyderabad

3. The Zonal Commissioner, Khairatabad Zone, Greater Hyderabad Municipal Corporation, HYderabad.

4. The District Collector, Hyderabad District, Lakdi-ka-prtl' Hyderabad' 5. One CC to SRI M.SRINIVAS, Advocate [OPUC] 6. One CC to SRI MIDDE ARUN KUMAR, SC FOR GHMC [OPUC] T.TwoCCstoGPFoRMCPLADMNURBANDEV'HighCourtfortheStateof Telangana at HYderabad [OUT] B.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

9. Two CD CoPies BSR,,-.,,"w HIGH COURT DATED: 0410212025 ORDER WP.No.2S374 of 2024 t t o (.) e ST^, t 1 1 7. rtB ?025 o c : T a, ) \ DISPOSING OF THE WRIT PETITION' WITHOUT COSTS i Q6 i