lVlohammed Younus Basith v. 1. The 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 Writ, order or direction more particularly one in the nature of Writ of ttlandamus, declaring the rejection letter No.011897/GHMC/ 5466/CHR1|2O24-BP dated 3O-O7-2O25 in respect to house Bearing GHMC No.19-3-1 21t1OlAt4 to 6,House No. 19-3-1 21t1OtAt4/A, (Old House No.19-3- 121t10/A), admeasuring 51.00 Sq. Yards., House No.19-3-121l1}tAl1to 3, H.No. 19-3-1 21t1}tAl1lA, (Old House No.19-3-1 21t1OlA), admeasuring 51.00 Sq. yards., H.No.19-3-1 21t1}tAl7 to 14, H.No. 19-3-121l1olAl7lA, (Old HouseNo.lg- 3-121l1OtA), admeasuring 198.00 Sq. Yards, and H.No.19-3-12111O1A, House No.19-3-121l1}lAl1lB, admeasuring 301.00 Sq. Yards., totally admeasuring 601.00 Square Yards or equivalent to 502.43 Square Meters, situated at JAHNAUMA }{yderabad, Telangana State for construction building, as being illegal, arbitrary, capricious, [/lalafide, contrary to the law and against the principles of n atural justice. lA NO: 1 OF 2,C25 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 pleased to dirr>ct the Respondents No.2 to 6 to accord the building permission in respect of House Bearing GHTUC No.19-3-'l 21t1olAt4 to 6, House No. 19-3- 121l1OlAl4lA, (Old House No.19-3-121l1OlA), admeasuring 51.00 Sq. Yards., House No.19-3-121l1OlAl1 to 3,H.No. 19-3-121l1OlAl1lA, (Old House No.19-3- 121110/A), admeasuring 51.00 Sq. Yards., H.No.19-3-1211101A17 to 14, H.No. 19-3-121l10lA17lA, (OId House No.19-3-121l1)lA), admeasuring 198.00 Sq. Yards., and H.No.19-3-1211101A, House No.19-3-121l1OlAl1lB, admeasuring 301.00 Sq. Yards., totally admeasuring 601.00 Square Yards or equivalent to 502.43 Square Meters, situated at "JAHNAU[/A", Hyderabad, Telangana State without consicering the TSLR and G-Abadi. Counsel for the Petitioners: SRl. DUGGU UMA MAHESHWAR Couns.el for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2 to 6: SRI RAPARTHY VENKATESH SC FOR GHMC Counselfor tlre Respondent No.7: GP FOR REVENUE The Court made the following: ORDER ;rt'; i-\' THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.29076 OF 2025 ORDER:(ORAL) The writ petition is filed by the petitioners seeking the following relief: "...to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the rejection leffer No.011897/GHMC /54661CHR112024-BP dated 30-07-2025 in respect to house Bearing GHMC No.19-3-l2lll\lN4 to 6,House No.19-3- l2l I lO/ N 4/A, (Old House No. I 9-3 - 1 2l I I0 I A), admeasuring

51.00 Sq. Yards., HougeNo. Ll9;3-l2l/l0lNl to 3, H.No.19- 3-1,21/lOlNLlA, (Old , House_ No.19-3-12lll0lA), admeasuring 51.00 Sq. Yards., H.No. l9-3-l2l/l0lN7 to 14, H.No.19-3-l2lll0lN7lA, (Old HouseNo.l9-3-l,2l,ll0lA), admeasuring 198.00 Sq.Yards, and H.No.l9-3-l2lll0lA, House No.19-3-Lzlll0lNllB, admeasuring301.00 Sq. Yards., totally admeasuring 601.00 Square Yards or equivalent to 502.43 Square Meters, situated at "JAHNAUMA", Hyderabad, Telangana State for construction building, as being illegal, arbitrary, capricious, Malafide, contrary to the law and against the principles of natural justice..." 4 I 2

2. Heard Mr. Duggu Uma Maheshwar, learned counsel for the petitionr>rs, Mr. Raparthy Venkatesh, leamed standing counsel for the GHITIC, appearing for respondent Nos.2 to 6.

3. The petitioners claim to have purchased the subject property i.e., Hc,use bearing No.19-3-l21,ll0lN4 to 6, House No.l9-3- l2ll l0/.\/41 A, (Old House No. I 9-3- l2ll l0/ A), admeasuring 5 I square yards, House No.19-3-l2lll0lN I to 3,H.No. t9-3- l2lll0l,ryllA, (Old House No.l9-3-l2l/10/A), admeasuring 5l square yards, H.No.19-3-121,/10/N7 to 14, H.No.19-3- l2lll0/,\/7/A, (Old House No.19-3-l2lll0lA), admeasuring 198 square yards, and H.No.l9-3-l2lll0/A, House No.l9-3- l2llL0/,\/1/B, admeasuring 301 square yards, totally admeasuring 601 square yards or equivalent to 502.43 square meters, situated at ' "JAHNT\IJMA", Hyderabad, Telangana, under registered sale deed bearing document No.204l of 2024 dated 04.07.2024 from Mrs. L ulu Fathima and Mrs. Azra Fathima. That originally Mrs. K. Vasantha Wo. Dr. K. Ram Mohan Reddy was the owner of the prolrcrty admeasuring 800 square yards situated at Jahanuma, Ward No.19, Block No.2, Hyderabad, having purchased the same 4 -t' (-\ 3 under registered sale deed bearing document No.833 of 1965 dated

28.06.1958. Mrs. K. Vasantha sold the above property to Mr. Mohd. Fayazudin Siddiqui S/o. Bashiruddin Siddiqui through registered sale deed bearing document No.5244 of 1981 dated 10.09.1981. Mr. Fayazuddin Siddiqui sold the property to Mr. Azeemullah Khan and four (4) others through registered sale deed bearing document No.867 of 1985 dated 18.10.1985. Mr. Azeemullah Khan and his brothers constructed building in the subject property comprising of ground and first floor. Later, they constructed second floor pursuant to the building permission in File No.12ll3ll9l88 dated 31.05.1988.

4. It is stated that Mr. Azeemullah Khan and his brothers sold the portion of property consisting of ground and two (2) upper floors bearing H.No.l9-3-L2l/l0lN7 to 14 (Old No.t9-3-L2UtolA) admeasuring 198 square yards to Mrs. Zainab Begum through registered sale deed bearing document No.663 of 1997 dated

20.09.1997. They sold portion of property bearing H.No.19-3- 12LlL0lN1 to 3 (Old No.19-3-121/10/A) admeasuring 5l square yards to Mrs. Azra Fathima through registered sale deed bearing document No.669 of 1997 dated 30.09.1997. They sold another 4 ( portion of property bearing H.No.l9-3-l21ll0lN4 to 6 (Old No.19- 3-lzlllt)/A) admeasuring 5l square yards to Mrs. Lulu Fathima under rergistered sale deed bearing document No.674 of 1997 dated

30.09.llt97. They also sold another portion of the property bearing H.No.l9t-3-l2lll0/A admeasuring 301 square yards to Mr. Ali Mohamrned under registered sale deed bearing document No.677 of 1997 daLed 30.09.1997.

5. It is stated that Mr. Ali Mohammed expired on 10.08.2005 leaving behind his wife, Mrs. Zainab Begum and two daughters i.e., Mrs. Lulu Fathima and Mrs. Azra Fathima as his legal heirs. Mrs. Zainab Begum released 1/3'd share in the above property in favour of her two (2) daughters through registered release deed bearing document No.4l34 of 2019 dated 2O.lI.2Olg. Thus, her daughters acquired 213'd share of the property through their father and 1/3''l share of the property from her mother. Mrs. Zainab Begum also exe:cuted gift settlement deed in favour of her daughters in respect of the property bearing H.No.l9-3-l2lll0lN7 to 14 admeasu,ring 198 square yards acquired by her by registered sale deed bearing document No.663 of looz irted 29.09.1997. Thus, the :(--' 5 vendors of the petitioners, IMrs. Lulu Fathima and Mrs. Azra Fathima have become absolute owners of the property admeasuring 601 square yards which was purchased by the petitioners by registered sale deed bearing document No.2041 of 2O24 dated

04.07.2024.

6. It is stated that the petitioners applied for building permission in File No.01 1897/GHMC/5466|CL[RL/2024-BP dated 28.10.2024 for construction of residential building under the provisions of the Greater Hyderabad Municipal Corporation Act 1955 (fot short 'GHMC Act'), and The Telangana State Building Permission " Approvaland Self-Certification System Act 2020 (for short 'TG- bPASS Act'). Respondent No.2 issued rejection letter vide Lr.No.0l1897/GHMCl5466lClRll2024-BP dated 30.07.2025 stating the following reasons: "1) As per the remarks of the Hyderabad Revenue Officer, the subject land is classified as "GAbadi" and also covered under Prohibited properties of Registration and Stamps of Telangana State. 2) based on the remarks of the Hyderabad Revenue Officer, the may be rejected as the subject land.is classified as "G-Abadi. 3) the classification of prop. Site as per TSLR is Govt Land q> +. Ii 6 { irnd also covered under prohibited properties of )legistration & stamps of Telangana State. Hence )lejected."

7. Learned counsel for the petitioners submitted that impugned rejectiorr letter dated 30.07.2025 is illegal and contrary to law laid down by this Court in Hyderabad Potteries Private Limited v. Collector, Hyderabadr. Respondent No.2 is only concerned with the prinru facie title of the propeffy at the time of grant of building permission and cannot conduct roving enquiry. Respondent No.2 cannot reject the building permission solely on the basis of TSLR records. The title of the petitioners is traceable to registered sale deed bearing document No,833 of 1965 dated 28.06.1958. Thus, rejectiorL letter is liable to be set aside.

8. Lt:arned standing counsel for the GHMC submitted that impugne,d rejection letter was issued to the petitioners as the subject property was classified as "G-Abadi". Thus, the petitioners are required to get No Objection Certificate (NOC) from the Revenue Department. Further, the subject property is covered under the t (zoot) 3 ALD 600 f-.. 7 Prohibited Properties List maintained by the Government under Section 22-A of the Registration Act 1908 (for short'Act 1908').

9. The impugned rejection letter dated 30.07.2025 shows that based on the remarks of the Hyderabad Revenue Officer, the subject property is classified as "G-Abadi", and also covered under Prohibited Properties List maintained under the Act 1908. There is no reference or discussion to the title of the petitioners. It is not in dispute that earlier building permission was granted in respect of the subject property videFile No.12113/19/88 dated 31.05.1988and there is building existing in the qqbject propefty.

10. [n Hyderabad Potteries's case (supra), it was held as under: "... Of course, the Commissioner has to consider the objections, if any, raised for grant of permission. But, an objection raised by a mernber of the Committee itself would not be enough to reject the application for grant of permission. The Commissioner is required to makg pragmatic assessment of the material available on record and decide the question of prima facie title and lawful possession of the applicants. The applications for grant of permission cannot be rejected solely on the basis of TSLR entries. After all, the decision to grant 'eJ permission itself wou.ld not confer any title upon the I r r lpplicant, nor it would take away the rights of the rbjector (s), whether the Government or any individual, [or asserting their right, title and interest in the land in :espect of which permission has been granted and ,lispute the title in any manner known tp law. Similarly, ,.he Commissioner is not entitled to decide any disputed rluestions of title or the ownership. All that the tlommissioner required to do is to find out prima facie t.itle and lawful possession of the applicant and r>bviously such consideration is confined to only for the l)urposes of granting permission and nothing more ..." I 1. There is no other objection based on which impugned rejection letter is issued except for entry in TSLR records as G-Abadi. As held in Hyderabad Potteries's case (supra), TSLR entries cannot be the sole basis for rejecting the building permission The petitioners and their predecessors in title have long standing possession over the subject property, as discussed above. Hence, the petitionr:rs have primafacietitle. So far as the subject property being covered under Prohibited Properties List, it only imposes restrictions on transfer of the properly and not in building construction or perrnlssrons. € \ \ I : l. I t: :i !l ( 9

12. In view of the above observations, the writ petition is allowed setting aside the impugned rejection letter in File No.011897/GHMC 15466/CIRL{2024-BP dated 30.07.2025, in respect of the House bearing No.19-3-121/I0lN4 to 6, House No,19-3-LZLll0lN4lA, (Old House No.19-3-l2lll0/A), admeasuring 5l square yards, House No.19-3-121.,110/NI to 3,H.No.l9-3-l2l/l0lNl/A, (Old House No.19-3-12111,0/A), admeasuring 5l square yards, H.No.19- 3-l2L/l0lN7 to 14, H.No. l9-3-l2lll0lN7lA, (Old House No.l9-3- l2lll0lA), admeasuring 198 square yards, and H.No.19-3-l2lll0lA, House No.19-3- tzllL\lNllB, admeasuring 301 square yards, totally admeasuring 601 square yards or equivalent to 5 02.43 square meters, situated at "JAHNATLIMA", Hyderabad. Respondent No.2 is directed to reconsider the building permission application of the petitioners in File No.0l 1897/GHMC|5466|CIRL|2024-BP dated

28.10.2024, without reference to the impugned rejection letter dated

30.07.2025 and without taking objection with regard to the entries in TSLR, and pass orders, in accordance with law, within a period of twenty one (21) days from the date of receipt of a copy of this order. There shall be no order as to costs. 10 t Ar; a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. SD/.M. OSMAN ALI BAIG .'AS T //TRUE COPY// SECTION OFFICER To,

1. The Prirrcipal Secretary, Municipal Administration and Urban Development, State ol Telangana, Saifabad, Hyderabad. Saifabad, Hyderabad. Bund, S aifabad, Hyderabad Falaknurma Circle No.10, Charminar Zone, Hyderabad Falaknuma Circle No.10, Charminar Zone, Hyderabad

2. The Conmissioner, Greater Hyderabad tVunicipal Corporation, Tank Bund, 3. The Zottal Commissioner, Greater Hyderabad Municipal Corporation, 4. The De;ruty Commissioner, Greater Hyderabad tVlunicipal Corporation, 5. The Chlef City Planner, (Town Planning Section), GHMC Complex, Tank 6. The Ast;istant City Planner, Greater Hyderabad Municipal Corporation, 7 . The Deputy Director Survey and Land Records, D.No.5-84-91, Karimabad 8. One CC; to SRt. DUGGU UMA TUAHESHWAR Advocate [OpUC] 9. TWO CC;S tO GP FOR MCPL ADTVN & URBAN DEV ,High COUrt fOr thE StAtE 10.Two CC;s to GP FOR REVENUE, High Court for the State of Telangana. .11. bNE CC' tO SRI. RAPARTHY VENKATESH, SC FOR GHMC TOPUC] 12.Two CD Copies Falaknurma Circle No.10, Charminar Zohe, Hyderabad Cooper;rtive Society, Abids, Hyderabad of Telarrgana. [OUT] CHR , ;i"'& t {l t' / HIGH COURT DATED:2410912025 ORDER W.P.No.2:9076 of 2025 lHE S t () * 0 9 fiAR 20?fr * ALLOWII{G THE WRIT PETITION WITHOU COSTS \<r }N\,n