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 or direction preferably Writ of [/andamus, declaring the action of Respondents No.2 in passing rejection order vide No- File No. 0'l 7886 / PEDA / 00427 tIABP t2025, D1.30.09.2025, by revoking the provisional building permit order Dt.2O.O9.2025, in respect of Residential building consisting of stilt for parking + 2 upper floor, to an extent of 159 Sq.mt situated at Plot No 4, Sai Nagar / Kuntloor, Survey No.143, Kuntloor Village, Abdullapurmet Mandal, Ranga reddy district, without conducting proper enquiry and without following due process of law, which is illegal, arbitrary and violative of principles of natural justice and violation of Article 21 and Article 300-4 of constitution of lndia, and consequentially set-aside the rejection order vide No. File I lo. 017886 I PEDA I 00427 /IABP /2025, Dt.30.09.2025, which is revoking tlt provisional building permit order Ot.20.09.2025, in respect of Residential buil,j ng consisting of stilt for parking + 2 upper floor, to an extent of 159 Sq.mt situa .ed at PIot No.4, Sai Nagar / Kuntloor, Survey No.143, Kuntloor Village, Abrl rllapurmet lVlandal, Ranga reddy district. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the r ircumstances stated in the affidavit filed in support of the petition, the High Corr t may be pleased to suspend the Rejection order vide No. File No. 017886 / PE DA I 00427 / lABp / 2025, Dt.30.09.2025, revoking the provisional bu I ing permit order Dt.20.09.2025, in respect of Residential building consisting < f stilt for parking + 2 upper floor, to an extent of 159 Sq.mt situated at Plot No.4, iai Nagar / Kun oor, Survey No.143, Kunlloor Village, Abdullapurmet Mandal, f anga reddy district, pending disposal of the writ petition in the interest of justice Counsel for the Petitioner: SRI SUBBA RAO VADREVU Counsel for the Respondent No.1: GP FOR MCPL ADMN Uf BAN DEV Counsel for the Respondent No.2 & 3: SRI SINGIREDDY R0 /INDER REDDY, SC FOR MCPL The Court made the following: ORDER IN THE HTGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITON No.3 4691OF 2025 DATE OF ORDER: 02-12-2025 Between: Mr. V. Lakshmi Narayana S/o. Jamalaiah ... Petitioner AND The State of Telangana Rep. By its Principal Secretary, Municipal Administration and Development Department, Dr. B.R. Ambedkar, Secretariat Buildings, at Hyderabad, and two (2) others. ... Responden ts ORDER:(ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No.2 in passing the impugned rejection order in File No.017886/PEDN00427llABP/2025 dated

30.09.2025 revoking the building permit order d,aLed 20.09.2025 o*,.', f,,.$ granted to him for construction of residential building consisting of Stitt for parking + two (2) upper floors in the property bearing Plot No.4 admeasuring 159 square meters in Survey No.l43 situated at 2 W.l'. No.34691 of 2025 , tte 02.12.2025 Kuntloor Village, Abdullapurmet Mandal, Ranga I :ddv District, as being illegal and arbitrary.

2. Heard Mr. Subba Rao Vadrevu, leamed cc rnsel for the petitioner, and Mr. Singireddy Ravinder Reddy, lee ned standing counsel for respondent Nos.2 and 3

3. The petitioner ctaims to be owner of ri : Plot No.4 admeasuring 200 square yards ln Survey No. l1i situated at Kuntloor Village, Abdullapurmet Mandal, Ranga l( :dd1, District, having purchased the same under registered saie Ceed bearing document No.146 of 2013 dated 09.01.2013. Ihe petitioner applied for building permission belore respond: rt No.2 and permission was granted to him through self certili, ation in File No.017886/PEDA/0042711A8P2025 dated 20 (9.2025 for construction of Stilt for parking + two (2) upper f'loors in the subject property. [t appears that during the post veri ication of the title it was found that there are civil disputes pendinli n connection with the subject property and the building pemir order dated ) 3 W.P. No.34691 of 2025 Date 02.12.2025

20.09.2025 has been rejected by the impugned rejection order dated 30.09.2025. Learned counsel for the petitioner submitted that rejection of

4. building permission is arbitrary and in violation of principles of natural justice. There are no reasons stated in the impugned rejection order dated 30.09.2025 ' The petitioner is not a party to any civil suit and there is no prohibitory order passed against him' Thus, action of respondents in passing cryptic order without giving any reference ofthe civil case is illegal and unsustainable'

5. Learrred standing counsel for respondent Nos'2 and 3 submitted that impugned rejection order is passed, as there is civil suit pending in connection with the subj ect property'

6. There is no reference to the pending civil suit in the impugned rejection order. According to leamed counsel for the petitioner, the petitioner is not a party to any civil suit nor there is any injunction order operating against the petitioner in respect of the subject property. By stating that civil dispute is pending' provisional building permit order dated 20'09'2025 granted to the },''..1.:.-' , i.!.':: t'E: i. *=] --\... 4 ' r'.P. No.34691 of2025 Ln e 02.12.2025 petltloner was rejected. As there is no clear inforr tation in the impugned rejection order whether the petitioner is,r p36y 1o urry civil suit, or the property is subject matter of an1, r ivil suit. the impugned rejection order is in violation of the princilr es of natural justice, and liable to be set aside.

7. Accordingly, the writ petition is allowed setri rg aside the impugned rejection order in File No.0t7gg6lpEDA.t )0427fiABP /2025 dated,30.09.2025. Respondenr No.2 is directed r reconsider the building permission application of the pe1 t oner dated

20.09.2025, by veriSzing the title and also whether th,: petitioner is party to any civil suit and property is subject matter suit and if there is any injunction order or prohii rf any civil itory order operating against the peritioner. In case, ilthe petitit rer is not a party to the civil suit and prohibitory order against the retitioner, it is made clear that respondent No.2 shall not reject 1 re building permission application of the petitioner, so long as, th: application of the petitioner and title documents filed by the petit oner are in compliance of the building Bye Laws, and he is able rr satis$, the prima facie title over the subject properry. This enl 'e exercise 5 W.P. No.34691 of 2025 Dare 02.12.2O25 shall be completed 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 As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed' //TRUE COPY// S .P. PONNA KRTSHNA STANT REGIS TRAR SECTION OFFICER To, '1 . The PrinciPal Secretary, strU N/lunicip al Admini and DeveloPment Hyderabad, State of Department, Dr. B. R. Ambe dkar Secretariat Buildings, At Telangana. The Municipal Commisstoner, Pedda Amberpet Municipality' at Pedda AmberPet, Ranga ReddY District' TheTownPlanningOfficer,PeddaAmberpetMunicipality'atPedda Amberpet, Ranga ReddY District' One CC to SRI SUBBA RAO VADREVU' Advocate [OPUC] One CC to SRI SINGIREDDY RAVINDER REDDY' SC FOR MCPL [OPUC] Two CCs to GP FOR MCPL ADMN URBAN DEV' tligh Court for the State of i"tin-grn, at Hyderabad [OUT] Two CD CoPies \ 2 4 5 6 7 BSR GJP .].-,,1! , ,:_.., i+'r: : t1i.':. HIGH COURT DATED:0211212025 .,-. r\E Il IArF O iii 1?1 ORDER WP.No.34691 of 2025 ALLOWING THE WRIT PETITION, WITHOUT COSTS llte-W-