High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, order or direction particularly one in the nature of Writ of [\/andamus challenging the action of the respondents for issuing Rejection of the Provisional Building Permit Order, dt. 12-08-2025, in File No. 0067441 GHMC/02617/\ABP|CG|2O2S, for the property bearing Portion of H.No.16-2-741 lAl17, on part of Plot No.17, adm. 335 Sq yds, out of 472 Sq yds, situated at Gaddiannaram, Malakpet, Hyderabad, as arbitrary, illegal, unconstitutiona I and contrary to Law, and against the Principal of Natural Justice. tA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the (;ircumstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to direct the Respondents to forthwith grant permission for corrstruction in Property bearing Portion of H. No. '16-2-7411A117, on part of Plot No. 17, adm 335 Sq yds, out of 472 Sq yds, situated at Gaddiannaram, [Malakpet, Hyderabad, pending disposal of the miain Writ petition. Counsel for the Petitioner: SRI THOMAS JOSEPH LLOYD Counsel for the Respondent No.1: cP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2 & 3: SRI RAPARTHY VENKATESH, SC FOR GHMC Counsel for the Respondent No.4: GP FOR REVENUE The Court made the following: ORDER { I I I 1 .tl= I I i I i THE HONOURABLE SRT JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.27613 OF 2025 OR-DER: This writ petition is filed by the petitioner seeking to declare the action of respondents in rejecting the provisional buildirrg pcrmit order in File No.006744/GHMCl026ll1IABP/C612025 dated 12.08.2025 in respect of the property bearing H.No.16-2- 741lAl17, part ofPlot No.17 admeasuring 335 square yards out of 472 square yards situated at Gaddiannaram, Malakpet, Hyderabad, as being illegal and arbitrary

2. Heard Mr. Thomas Joseph Llyod, leamed counsel for the pctitioncr, Mr. Raparthy Venkatesh, leamed standing counsel for the GtlMC,, appearing for respondent Nos.2 and 3

3. It is claimed by the petitioner that he is the absolute owner and possessor of the property bearing H.No. 1 6-2-74 I I N 17 , part of Plot No.17 admeasuring 335 square yards out of472 square yards situated at Gaddiannaram, Malakpet, Hyderabad, having purchased the same under registered sale deed bearing document No.2170 of 2024 dated 14.03.2024. The vendor of the petitioner purchased the f'.*'ElG;; -Y 't$r '. +€iP- 2 subject property under registered sare deed bea;-rng document No. 1650 of l97l dated 25.0g. 1977. The vendors oithe petitioner constructed s'nall roorr which was allofted prl ]r,o. r06t52glg0 and propcrty tax was duly paid by him from tinre to time. Subsequerrt to the purchase, the name of the petition.:r rvas nrutated in the revenue records and he also has been paying tirc l)roperty tax regularly.

4. Ir is srated that the petirioner applied for building permission through self-certification in TG-bpASS portal in File No.006744 /GII4Cl026l7lC6l2O25 in respecr of the sub ect property. The provisional building permission was issued to th,: petitioner on 02.07.2025. Post title verification was conducted by resoondent No.3 and based on the report submitted by the Tahsil,Jar, Saidabad, and the Rer.,enue Divisional Officer, Hyderat.ad, building permission application of the petitioner was rejected tn the ground that subject propcfty is involved in W.p. No.167g9 o; 20l l and the subject propcrty was classified as Khariz Khata and vested in the hands of the Govemment. . -,r1Vl ,* ,,. J

5. It is submitted that the petitioner on his verification found tlrat the Tahsitdar, Saidabad, filed L.G.C. No.4 of 2002, 54 of 2OOZ,32 of2003 and 8 of2004 against several persons located in Survey No.3l8/1, correlating to 1. T.S. No.1 to 56, Block-A, Ward No.170,2. T.S. No.2 to 40, Block-B, Ward No. 170,3. T.S. No.l to 60, Block-D, Ward No. 170,4. T.S.No.2,5/l and 513to6 andT12to 8, Block-F, Ward No.l70 and 5. T.S.No.2,3,5 to 65, Block-G, Ward No.l70. The petitioner is not a respondent to Land Grabbing Case (LGC). However, the subject propefty was part of Survey No.3 18/1. The LGC was dismissed by the common judgment holding that the Mandal Revenue Officer (l\llRo), Saidabad Mandal, miserably failed to establish that the application schedule property belongs to the Government of Andhra Pradesh. Aggrieved by the common judgment in LGC No.4 of 2022, W.P. No.16789 of 2011 was filed by the State of Telangana represented by ttre MRO, Saidabad Mandal, wherein, order of status quo was passed on 20.06.201 L

6. Learned counsel for the petitioner submitted that when similarly placed persons fited I.A. No.l of 2025 in W'P' No'16789 w\ .:' \ \ 4 of 201 1 before the leamed Division Bench, order dtrted 23.07 .2025 was passt:d modifuing the order d,ated, 20.06.2011 permitting the petitioner in I.A. No. I of 2025 and respondent No 17 in the ntain writ petition to rnake construction pending writ petirion. Ilowever, without rraking any claim of equities in the event h-' Ioses the writ petltlon

7. Learned counsel for the petitioner further submitted that similar ordcr may be passed and the impugned rejer:tion order was be set aside, as the petitioner is not a party to the t,GC and moreover the sirnilarly placed persons were granted relief.

8. Learned standing counsel lor the GHMC a1;pearing for respondent Nos.2 and 3 subrnitted that as the petitioner is seeking building ltermission, he has to take steps to file sirrrilar application for modification of the order dated 20.06.201I in rV.p. No. 16789 of 201 I , and without doing so the petitioner cannc,t seek relief in this writ petition. 9 Taking note of the fact that simitarly placed persons were granted relief in I.A. No.l of 2025 in W.P. No. 16789 of 2011 and _ -:::r:- .-1 _ 5 considering the hardship that will be caused to the petitioner, if impugned order is not set aside for the technical reason of pendency ol W.P. No. 16789 of 2011 and status quo order therein, the writ petition is allowed setting aside the irhpugned rejection order in File No.006744/GHMCl026l7lIABPlC6l2025 dated

12.08.2025. Further, respondent No.3 is directed to re-consider the building permission application of the petitioner in File No.006744/GHMClO26l7llABPlC6l2025 in respect of the property bearing H.No.l6-2-74 llAll7, part of Plot No.l7 admeasuring 335 square yards out of 472 sqtare yards situated at Gaddiannaram, Malakpet, Hyderabad, subject to the petitioner getting similar relief as that granted to the petitioner in I.A. No.l of 2025 in W.P. No.16780 oi 2011. There shall be no order as to costs. Asa sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. D/. P. PONNA KRISHNA ISTANT REGISTRAR //TRUE COPY// S To, 1 The Principal Secretary, Municipal Administratio Department Secretariat, Secretariat, HyderaDao' and Urban Development

2. The commissioner, Greater Hyderabad Municipal corporation, Tank Bund' Hyderabad. '"/ I I The Deputy Commissioner, Greater Hyderabad l,4unicipal Corporation, Malakpet (lircle-6, Charminar Zone, Hyderabad 4 5 6 7 8 The Tahasildar [N/RO], Saidabad [t/andal, Hyderabad. One CC to SRI THOIMAS JOSEPH LLOYD, Advocate IfPUC] One CC to SRI RAPARTHY VENKATESH, SC FOR GiJIVC [OPUC)] Two CCs to GP FOR MCPL ADIVN URBAN DEV, Higr Court for the State of Telangana at Hyderabad [OUT] Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] I BSR Two CD Copies PVL W HIGH COURT DATED: 1210912025 \ ORDER WP.No.27613 of 2025 CC TODAY I J; o ) ,1, ,(, .i "Sts \ ^(.: , *- ci' .1 ' -^.... I ALLOWING THE WRIT PETITION, WITHOUT COSTS L \ (,