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 more particularly one in the nature of writ of Mandamus declaring action of the respondents in not considering the application of the writ petitioner made for grant of building permission for construction of residential house, over his residential open plot, on the ground that the plot is not registered within the cutoff date mentioned as per G.O.Ms.No.131 MA & UD dated 31-OB-2O20 issued by the 1"t respondent, as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent herein, to grant permission for the application made for construction of residential house over the writ petitioners open residential plot admeasuring 1 98.73 square yards or '166.93 square meters situated in Sy.No.109/E of Chinthakunta Village & G.P., Kothapally Mandal, Karimnagar district and within the zone of Sathavahana Urban Development Authority, by collecting necessary Penalization charges, compounding fee and open space contribution charges as per the norms stipulated in (li.O. VIs.No.135 dated 16-09-2020 of MA and UD & Memo No.14148/PLG.lll202ct dated 30-12- 2020, issued by the 1st respondent and in the light of the orders passed by this Honorable High court 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 2nd respondent herein to receive application made for granting permission for construction of residential building over the writ petitioners open residential plot admeasuring 198.73 square yards or 166.93 square meters situated in Sy.No.109/E of Chinthakunta Village & G.P., Kothapally Mandal, Karimnagar district, pending disposal of the main writ petition, in the interest of justice. Counsel for the Petitioner: SRI SURENDRA DESAI Counsel forthe Respondent No.l: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2: SRI KADARU PRABHAKAR RAO, SC The Court made the following: ORDER HON'BLE SRIJUSTTCE I( LAKSHMAN WRIT PETITIONNo.35859 of2024 ORDER: Heard Sri Surender Desai, leamed counsel for the petitioner, leamed Govt.Pleader for Municipal Administration and Urban Development appearing for respondent No'I and Sri Kadaru Prabhakar Rao, learned Standing Counsel appearing for 2nd respondent.

2. This writ petition is filed to declare the action of the respondentsinnotconsideringtheapplicationofthewritpetitioner for building permission for construction of residential house over his open plot.

3. The petitioner herein is claiming that he is the absolute owner and occupant of residential house plot admeasuring 198'73 sq.yards situated in Sy.No.109/E of Chinthakunta Village and Grampanchayat, Kothapally Mandal, Karimnagar' According to the petitioner, the plot was allotted to him vide partition deed bearing document No. 5048 of 2024, dated 23'08'2024' lle has also obtained conversion proceedings dated 30'04'2024 converling the said property from agricultural to non-agricultural land' He has 2 submitted an application on 14.11.2024 to respondent No.2 with a request to grant permission for construction of house and the same was not considered. Aggrieved by the inaction of the re lpondent No.2, the petitioner filed the present writ petition

4. Whr:rein, Sri Kadaru Prabhakar Rao, learned Standing Counsel apperaring for respondent No.2 has produced orrler dated 21 .02.2023 passed in Writ Appeal No.24l of 2023 rmd also proceedings ltoc.No.1243l20161P, dated 26.10.2018 issued by the Director of Town and Country Planning, Governtnent of Telangana, Hyderabad. The Division Bench, in the said order dated

27.02.2023 considered G.O.Ms.No.131, dated 3l .08.2020 and held that the person applying for permission shall acquire rights over the subject prop,rrty on strength of registered documert as on

26.08.2020

5. Vide afbresaid proceedings dated 26.1O.20lU of the Director of Town and Country Planning, the buitding per missions ale upto 1() meters height 1n plot upto 300 s,:l.meters, Commissioner of Municipal Corporation is concerned authority to sanctlon bLrilding permission. Therefore, accorcJing to I ) \ 1 , " .- .*/' 3 Sri Kadaru Prabhakar Rao, leamed Standing Counsel appearing for respondent No.2, it is the Karimnagar Municipal Corporation which is a competent authority to issue building permit order to the petitioner herein. However, petitioner shall establish the fact that he was in possession of the subj ect property on the strength of the registered document as on 26.08.2020 in terms of G'O'Ms'No'131' dated 3 1.08.2020.

6. In the light of the aforesaid discussion, writ petition is disposed of granting liberly to the petitioner to submit application to the Karimnagar Municipal Corporation with all the relevant documents and on receipt of the said application' it is for the Karimnagar Municipal Corporation to dispose of the same by considering the cutoff date mentioned in the G'O'Ms'No' 1 3 1' dated

31.08.2020, by following the principle laid down by Division Bench of this Court in its order dated 27 '02'2023 in Writ Appeal No.24l of 2023. There shall be no order as to costs' As a sequel, miscellaneous petitions, if any' pending in the Writ Petition shall stand closed. SD/-A. SRINIVASA REDDY STRAR ASSIST N REGI //TRUE COPY// S ON OFFICER To,

1. The Principal Secretary, The state of Telangana'. DeDartment of Municipal Ad m inistratio n a no u roan'oEvl]6b"m"eni S"Er."tiiiut' Hvd erabad' 5o0o22' 'ifi iBH''frT."'*:t[il*lg",3{u?i"sl*u['+ll+";l'#,xl#?",?:ilil' 3. 6;;cb to Sri surendra Desai, Advocate toP.Llcl 4. Two ccs to GP to, rvr,,liiiiiAiili"iti"Jqtil.1 urbah Development' Hish court - f-ih; Sidt" of Tetangana,'at Hyderabad [oUT] 505001 \ i '::51;33ffii** :.::Fw?!:::xwr.,...wsx:=:?&tt -:txqtta-qw.:r.-5@a::;xwi:?rwl*erffixt

5. One CC to Sri Kadaru Prabhakar Rao, SC [OPUCI 6. Two CD CoPies TJ BS a \ HIGH COURT DATED:1010112025 I I ORDER WP.No.35859 of 2024 ! -- S !A1a q d 3fi ui,,' t''-: I PEsP lrc cO \ \ t t f ( DISPOSING OF THE WRIT PETITION WITHOUT COSTS *-a