High Court · 2025

Sri Katpalli Suresh Reddy, S/o K Anantha Reddy' Aged about 44 years' Occ lvledical Doctor, liXlliir,I.ijrii,q in u.s.A Rep bv his GPA Holder K' Kishore Reddv S/o K' [n"J""i#ni]ifv,"eged about 65 vtiars, Rl/o Hvderabad -- $iilffi;il;';'iZin, slo o'rl's.rul'i"", erjed about 55 vears' R/o Al-F2 Fooni* Apartments, Abids, Hvderabad' Presentlv at 410 San rtrig,"i'bii;","Xrcadia' California' U S A Re-p by his iEiX'ii il'ro"n-o.t' slo 6r.."pl(iinin ngeo auout 41 vears' occ Business' iilo s-e-zzlso] Adarsh Nagar, Hyderabad ...'E,..NERS AND 1 2 J 4 The State of Telangana, MA and UD Department, Represented by Secretary' Secretariat at HYderabad. EiJ;i;;'FI;ffi6iJ Munlcipat Corporation (GHMC)' Represented bv its Commissi6ner, HYderabad. #;i'c,fi ; itioir"i o n H,tc, Khai rtabad, at Hvd e.ra-bad, '#piiy"6;il';iJii,i""",, cnrvic'Ciici"-re, Luoit'te Hills' Hvderabad spoNDENrs 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 order, writ or direction more particularly one in the nature of writ of mandamus declaring the actions of the Respondent No 2 and 3 in not considering the Building permission Application No' 0091 1g/GHMC/424O]KHB1]2O24-BP dt 20'08'2024' made by the Petitioners herein for a plot admeasuring to 664'96 Sq'Yds' bearing H'No 8-2-602181112 and s-2-6L2lBl1t3Situatedatsy.No.129lS4,RoadNol0,BaniaraHills'Hyderabadas illegal, arbitrary ad violative of fundamental rights under Article 14' 21 and 300A of theconstitutionoflndiaandinviolationofsectionT(9)andSectionT(10)oftheTS- bPASS Act, 2o20 and consequently, direct the Respondent No. 2 and 3 to consider the Building permission Application No' 0091 19/GH MCt424O1KHB1l2O24' BP dt. 20.08.2024, submitted by the Petitioner herein --r lA NO: 'l oF 2024 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit fileC in support of the petition, the High Court may be pleased to consider the Building permission Apprication No. 0091.19/cH Mcr4240/KH8112024- BP dt 20 08 202i4, submitted by the petitioner pending disposar of the above writ Petition Counsel for the petitioner: Ms. D. MANI CHANDANA Counsel for Respondent No. 1: Gp FOR MUNICIPAL ADMIN|STATION & URBAN DEVELOPMENT Counsel for Respondent Nos. 2 to 4: SRI MIDDE ARUN KUMAR, SC FOR GHMC The Court made the following: ORDER HON'BLE SRI JI'STICE K. LAKSHMAN WRIT PETITION No.35 792 of 2024 ! ORDER: Heard learned counsel for the petitioners' learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri Midde Arun Kumar' learned Standing Counsel appearing for respondent Nos'2 to 4'

2. Petitioner No.1 is claiming that he is the absolute owner and possessor of land admeasuring 500 Sq'yds in Sy.No. l2g /84 situated at Sivar Sheikpet Village' Hyderabad, on the strength of a registered sale deed bearing document No.2279 of 198 1, dated 06'11'1981' Likewise, Petitioner No.2 1S claiming that he is the absolute owl1er and possessor of land admeasuring 1091 Sq.yds in the very same survey number vide sale deed bearing document No-2278 of 1981 dated O4'1f i98 1' Petitioner No.2 has sold 600 Sq'yds out of 1091 Sq'yds to Sri T.S.N.Swamy. Left over land is only 49 1 Sq'yds' hL.J U F ilo 35/92 o1202.1 . ;{:;rl .. 2

3. They have submitted an application to respondent Nos.2 to 4 i,ide Receipt No.TG/2310g/2024 and Challan No.TG/231Ct8/2024, dated 20.08.2024 by paying an amount ol Rs.1O,O0O/_ seeking building permission. Despite recei'".ing ald acknowledging the said application, respondent Nos.2 to 4 did not act upon the same. Aggrieved by the said inaction of respondent Nos.2 to 4, pcl itioncrs l-ilecl t he present writ petition.

4. Perusal of the record would reveal that petitioner No.1 has filerl a suit vide O.S.No. 149 of 199g against the District Col*:ctor and Tahsildar seeking declarzrtion of title ar-rd the same was dismissed. Feeling aggrir:ved by the said judg;ment and decree, petitioner No.1 preferrecl an appeai virl<_. C.C.C.A.No.2O5 of 2022. The same was allowed by tLris Court on 24.02.2023. According to the learned counsr:l for the petitioners, the said juclgment arrd decrec in C.C.C.A.No.2O5 of 2022 dated 24.O2.2023 attained finalit1, since no Special Leave petition was filecl. I IiL,J w P N.357S2 ol'2024 3 Likewise , petitioner No'2 filecl a suit vide O'S'No'208 5 of 1989 against the District Collector and Tahsildar seeking declaration of title and the sarne was decreed on 30.06.200 1 itself. They have not preferred AL appeal. Therefore, the said judgment and decree attained finality'

6. Referring to the same, learned cor.rnsel for the petitioners would submit that though fespondent Nos'2 to 4 received application, dated 2O'O8'2O24 submitted bv the petitioners, they are not considering the sald application ald granting building permission to the petitioners.

7. Whereas, Sri Midde Arun Kumar' learned Standing Counsel appearing for respondent Nos'2 to 4 has produced written instructions of Chief City Planner' GHMC stating that on receipt of the said application of the petitioners, in view of aJoresaid litigation' respondent No.2 requested District Collector' Hyderabad' to submit report. District Collector, Hyderabad' has submitted l\t,,J \! I \o.35792 ot202+ 4 report, datercl 08. I1.2024. However, the said report arrd the applical.irrn of the petitioners wilr be considered a,,d the Government orders vide Memo No.52887/Assn/ t 1 t/t/IggB-3 dated 09.O1.2001. The said written instructions along with reporl, dated Oa.1L.2024- letter acldressed by surveyor. dated 18.71.2024 zrnd T.S.No.6 of the TSLR are placed on record.

8. Section 'T of the TS_bPASS Act, 2O2O (for short ,the Act, 2O2O') deals with the approval of the building peflnission. Therefore, petitioners havc to submit application itr terrns of Section 7 of the Act, 2020 along with all rele.zant documents by rvay of self dec laration ard self ccrtification. If the authorities are satisfied with regard to th: prima facie title and possession of the petitioners, thr:y have to grant building permission to the petitioners herein. Thereafter, they ca_n conduct post verification ,tf the documents submitted by the petitioners and also inspect the site. However, in tcrms of .''.. \ \ IiL,J !'r P No 157(12 0l 2021 5 Rule 12 (vii) of TS-bPASS Rules, 2O2O' they have to complete the said exercise within a period of twenty one (2 1) days. Instead. of completing the said exercise within 2L days, respondent Nos'2 to 4 kept the aforesaid application submitted by the petitioners pending since

20.08.2024. In the light of the said discussion' this Writ Petition g. is disposed of directing respondent No'2 to consider the application, dated 20'O8'2O24 submitted bv the petitioners vide Receipt No'TG/23lOSl2024 and Challan No.TG/23 10812024 seeking issuance of building order strictly in accordance with the under the TS-bPASS Act, 2O2O and procedure laid down TS-bPASS Rules, 2O2O' Respondent No'2 shall also consider the report, dated O8' ll'2o24 of the District permlsslon Collector;Memo,dated09'O1'2001;report'dated ta.fi.2024 of the Surveyor, Office of SDC'' L'A' GHMC and TSLR. If respondent No'2 is not inclined to accept the request made by the petitioners' he shall assign specific kl,,J \l I No Ja792 oi2O2.l ..: 6 reasons, pass a reasoned order and communicate copy to the petition.r-s. He shall complete the said exercise within a period of four (4) weeks from the date of receipt of a copy of this order. There shali be no order as to costs. As a se.quel, miscellaleous petitions, if any, pending in the Writ I,etition shall stald closecl. //TRUE COPY// Sd/. P. PADMANABH ASSIST RE A REDDY G]STRAR SECTION OFFICER Ik-l11:lpqt:."cretary, MA and UD Department, State of retansana, 5ecrelanat at Hyderabad. er' Greater Hvderabad Municipal corporation (c H MC), ,!?:"?:[T]tt'"n tlff,$$;ffiltfl#ffi ffi!#,pi;'n'r"',.ffi ;:::,,^ Arun (umar, sc fbr GHMC (oPUC) YI8 3ts- 3i]|.,iy'oo" To, 1 2 3 4 o 7 I MBC 4 : l I i I I I I I I HIGH COURt' KL,J DATED: 0610112025 { q :) o n A. e. I 2 t S€o C f Pz o .L t ORDER WP.No.35792 ot 2024 DISPOSING OF WRIT PETITION WITHOUT COSTS $^"' I