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 tVlandamus, declaring the action of Respondents No.2 in passing rejection order vide No. File No.017720 I PEDA / 00423 IIABP 12025, Dt.30.09.2025, by revoking the provisional building permit order Dt.19.09.2025, in respect of Residential building consisting of stilt for parking + 2 upper floor, to an extent of 159 Sq.mt situated at Plot No.6B out of plot Nos.68 and 69, Sai Nagar / Kuntloor, Survey No.143, Kuntloor Village, Abdullapurmet Mandal, Ranga reddy district, without conducting prcper 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 No. 017720 / PEDA 100423 / IABP i 2025, Dt.30.09.2025, which is revoking the provtstonal building permit order Dt.1 9.09.2025, in rer;1 ect of Residential building consisting of stilt for parking + 2 upper floor, to an e xtent of 159 Sq mt situated at Plot No.68 out of plot Nos.68 and 69, Sai Nagar / Kuntloor, Survey No.'143, Kuntloor Village, Abdullapurmet [Vlandal, Ranga redc I district. A NO: 'l OF 2025 Petition under Section 151 CPC prdying that in the ci in the affidavit filed in support of the petition, the High Court suspend the Relection order vide No. File No. 01 7720 / PE t 2025, Dt.30.09.2025, revoking the provisional builcli Dt.19.09.2025, in respect of Residential building consisting cf upper floor, to an extent of 159 Sq.mt situated at Plot No.6t and 69, Sai Nagar / Kuntloor, Survey No.143, Kuntloor Villr Mandal, Ranga reddy district, pending disposal of the writ p: of justice. :umstances stated may be pleased to A, I 00423 / IABP / rg permit order stilt for parking + 2 out of plot Nos.68 ge, Abdullapurmet ition in the interest Counsel for the Petitioner: SRI SUBBA RAO VADREVU Counsel for the Respondent No.1: GP FOR MCPL ADMN Utl iAN DEV Counsel for the Respondent No.2 & 3: SRI SINGIREDDY RA\ INDER REDDY, SC FOR MCPL The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT H\'DERABAI) THE HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITON No.34756 OF 2025 DATE OF ORDER: 02-12-2025 Between: Mr. Karne Narayana S/o. Late Narsaiah ... Petitioner AND The State of Telangana Rep. By its Principal Secretary, Municipal Administration and Development Depaftment, Dr. B.R. Ambedkar, Secretariat Buildings,, at Hyderabad, and two (2) others. . Respondents ORDER:(ORAL) This writ petition is hled by the petitioner seeking to declare the action of respondent No.2 in passing the impugned rejection order in File No.017720/PEDN00423/LABP12025 dated

30.09.2025 revoking the building permit order dated 19'09'2025 granted to him for construction of residential building consisting of Stitt for parking + two (2) upper floors in the properly bearing Plot ' -:'t No.68 (out of plot Nos.68 and 69) admeasuring 159 square meters -, 4a::- i l ,] --\ --F.f.!l l .l 2 W.P. No.34756 of 2025 I ile 02.12.2025 in Survey No. 143 situated at Kuntloor Village, , .bdullapurmet Mandal, Ranga Reddy District, as being illegal and ru bitrary.

2. Heard Mr. Subba Rao Vadrevu, leamed cc unsel for the petitioner, and Mr. Singireddy Ravinder Reddy, [e z med standing counsel lor respondent Nos.2 and 3.

3. The petitioner claims to be owner of the Plot lIos.68 and 69 admeasuring 333 square yards ln Survey No.1 I i situated at Kuntloor Vittage, Abdullapurmet Mandal, Ranga Ji :ddy District, having purchased the same under registered sale deed bearing document No.4680 of 2007 dated 04.05.2007. I he petitioner applied for building permission before responde rt No.2 and pemission was granted to him tfuough self cetili 'ation in File No.017720/PtsDAl00423llABPl2025 dated 19(9.2025 for construction of Stilt for parking + two (2) upper' floors in the subject property. lt appears that during the post veri ication of the title it was found that there are civil disputes pendinll n connection with the subject property and the building permi order dated J W.P. No.34756 of 2025 Date 02-12.2025

19.09.2025 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 of the civil case is illegal and unsustainable' I I 5 Learned standing counsel submitted that impugned rejection order is pass suit pending in connection with the subject property' for respondent Nos'2 and 3 ed, as there is civil 6'Thereisnoreferencetothependingcivilsuitinthe 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 19'09'2025 granted to the ..- -' i..**1 4 V.P. No.34756 of2025 I) te 02.12.2025 petitioner was rejected. As there is no clear info " nation in the impugned rejection order whether the petitioner is z party to any civil suit, or the property is subject matter of any rivil suit, the impugned rejection order is in violation of the princ 1 les of natural justice, and tiable to be set aside. 7 . Accordingty, the writ petition is allowed ser ing aside the impugned rejection order in File No.017720|PEDl l00423lrABP 12025 dated3O.O9.2025. Respondent No.2 is directec to reconsider the building permission application of the pt't tioner dated

19.09.2025, by verifuing the title and also whether tt : petitioner is party to any civil suit and property is subject matle ^ of any civil suit and if there is any injunction order or proJ ibitory order operating against the petitioner. In case, if the peti ioner is not a party to the civil suit and prohibitory order, it is rr rde clear that respondent No.2 shatl not reject the buildirr i permission application of the petitioner, so long as, the appl cation of the petitioner and title documents filed by the pe i .ioner are in compliance of the building Bye Laws, and he is ab t to satisff the prima facie title over the subject propefty. This t ntire exercise I f / 5 W.P. No.34756 of 2025 Date O2.12.2025 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// l./ SD/.P. PONNA KRISHNA SISTANT REGISTRAR SECTION OFFICER To, 'l . The Principal Secretary, I\/unicipal Administrqli\n, and Developme Department, Dr. B. R. Ambedkdr Secretariat Buildings, At Hyderabad, State of Telangana.

2. The IVlunicipal Commissioner, Fedda Amberpet Municipality, at Pedda Amberpet, Ranga Reddy District.

3. The Town Planning Officer, Pedda Amberpet Municipality, at Pedda Amberpet, Ranga ReddY District.

4. One CC to SRI SUBBA RAO VADREVU, Advocate [OPUC] 5. One CC to SRI SINGIREDDY RAVINDER REDDY, SC FOR IVCPL [OPUC] 6. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BSR GJP HIGH COURT DATED:0211212025 i- \, c ()' *:) ,-) l t ,.. 11", ::'.. ) 'i.. r:, ttl ?r\, ,.,., i,, .l: ,.i ..- | ORDER WP.No.34756 of 2025 ALLOWING THE WRIT PETITION' WITHOUT COSTS \ 1\ta - Iiilir__iE-ii-r : ''gq<. @