High Court · 2025

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 writ order or direction more particularly o in the nature of writ of l\Iandamus 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 her residential open plot, on the ground that the plot is not registered within the cutoff date mentioned as per G.O.Ms.No.131 MAandUD dated 31-08-2020 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 petitioner's open residential plot admeas uring 145.42 square yards situated in sy.No.109/E of chinthakunta Village and G.P., Kothapally Mandal, Karirnnagar 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 G.O.Ms.No.135 dated 16-09-2020 of MAandUD and i I I I i i , I I I i Memo No.14148/P1G.11112020 dated 30-12-2020, issued by the 1st respondent and in the light of thr: orders passed by this Hon'ble 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 const[uction of residential building over the writ petitioner's open residential plot admeasuring 145.42 square yards situated in tiy.No.109/E of Chinthakunta Village and G.P., Kothapally Mandal, Karimnagar drstrict; pending disposal of the main rvrit petition; in the interest of justice Counsel for the Petitioner: SRl. SURENDRA DESAI Counsel for the Respondent No.1: cP FOR MUNICIPAL ADMtNISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI KADARU PRABHKAR RAO, SC The Court made the following: ORDER HON'BLE SRIJUSTICE K. LAKSHMAN WRIT PETITIONNo .35843 of 2024 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, leamed Standing Counsel appearing for 2nd respondent.

2. This writ petition is filed to declare the action of the respondents in not considering the application of the writ petitioner for permission for construction of residential house over her residential open plot.

3. The petitioner herein is claiming that she is the absolute owner and occupant of residential house plot admeasuring 145 42 sq.yards situated in Sy.No.109/E of Chinthakunta Village and Gram panchayat, Kothapally Mandal, Karimnagar' The plot was allotted to her vide partition deed bearing document No' 5048 of 2024, dated 23.08.2024' She has also obtained conversion proceedings dated 30.04.2024 converting the said property from agricultural to non-agricultural land' She has submitted the 2 application c,n 14.1 1.2024 to respondent No'2 with a request to grant permission for construction of house and the samt: was not considered. i\ggrieved by the inaction of the respondent No 2' the petitioner fiL:d the present writ petition'

4. Wherein, Sri Kadaru Prabhakar Rao, learned Standing Counsel appearing for respondent No.2 has produced order dated 27.02.2023 passed in Writ Appeal No'241 of 2O23 and also proceedings Roc.No.1243l2}l6lP, dated 26'10'2018 isstred by the Director o1' Town and Country Planning, Goverrment of Telangana. Hyderabad. Division Bench, in the said order dated 27 .02.2023 ,ronsidered G.O.Ms'No. 13 1, dated 3 1'08'202r:) and held that the person applying for permission shall acquire rights over the subject property on the strength of registered document as on

26.08.2020.

5. Vide aforesaid proceedings dated 26.10'2018 of the Director of Town and Country Planning, the building permissions are upto 10 meters height ln plot upto 300 s(.1. meters, Commissioner of Municipal Corporation is concemed a uthority to sanctlon building permission. Therefore, according to i i I ; I i I l l I I I ( 3 SriKadaruPrabhakarRao,leamedStandingCounselappearingfor 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 she was in possession of the subject 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 liberty to the petitioner to submit application to the Karimnagar Municipal Corporation with atl 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'131' dated 31.08.2020, by following the principle laid down by Division Bench of this Court in its order dated2T'02'2023 in W'A'No'241 of 2023 . There shall be no order as to costs' As a sequel, miscellaneous petitions, if any' pending in the Writ Petition shall stand cIosed SD/.V. KAVITHA ASSISTANT REGISTRAR //TRUE COPY// S CTION OFFICER To,

1. The Principal Secretary, Department gfllXll^"lpul Administration and Urban Develoombnt, Secretariat, Hyderaba0' Suvuzz' 2 The ctiairman, sr,atravl'r,ari""ij,1"ui-b6r"lopment Authority, Karimnagar. ln Zilla Parishad omce, op?olltl e';t Sti"o' kirim-nagar' PIN-505001 3 -d;'ct'i"' Snr. Suhe-rub-ne DESAI, Advocstg loPucl 4. rwo ccs to GP ron rrlriirlierFii'nbrritrlrt5iturloN AND URBAN s. ffi; "c-c"t.'iiCr. xndAnu PRABHAKAR, sc [oPUC] 6. Two CD CoPies DEVELoPMENI,Hignbli'ii;;i-#'5i{;;1t-"1e!p-ql''atHvderabad[oUr] +r: BM BS t I I t I I 1 1\.,9 S TA16: o 3 tt ,tr,l ?[25 ( q t) ( (' t, C) s, t aiasPATc HIGH COURT DATED:1010112025 ORDER WP.No.35843 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS a trlar