High Court · 2025

Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring that the action of the respondents 2 and 3, in orally instructing the petitioner for No Objection Certificate, despite the NALA order of approval (though it is not mandatory), for grant of a building permission in respect of the land belonging to the petitioner situated in Sy. Nos. 597lDl4,597/ D116 and 59718,1115, totaling to an eitent of Ac. 1.04 1/2 Guntas of Bheemaram Revenue Village, Hasanparthy Mandal, Hanumakonda District, as highly illegal, proper, ggigy,:nj:],:-_tr.:9"ltrary to th9 prgvl:lons of the Telansana Municipalities Act, : 2019, violative of principles of natural justice, violative of Articles 14, 21 and 300-A -.r, of the Constitution of India and unconstitutional, by holding that the said action of the respondents in insisting the petitioner to submit the No Objection Certificate for grant of building permission, as null and void and nonest in the eye of law. 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 to receive and process the sanction of a building permission, pursuant to the application submitted by the petitioner herein, in respect of the land in Sy. Nos. 597/D/4, 5971 D1l6 and 59718,1115, totaling to an extent of Ac. 1.04 1/2 Guntas of Bheemaram Revenue Village, Hasanparthy Mandal, Hanumakonda District, without insisting for "No Objection Certificate", pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K.V.RAJENDRA PRASAD Counsel forthe Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI PASHAM MOHIT, SC FOR GWMC Counsel forthe Respondent No.3: GP FOR lRRl & CAD The Court made the following: ORDER I I J THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.37173 OF 2024 ORAL ORDER: Heard Sri K.V.Rajendra Prasad, learned counsel for the petitioner, Sri Pasham Mohit, learned Standing Counsel for respondent No.2 and learned Assistant Government Pleader for Irrigation and Command Area Development for respondent No'3' Perused the record'

2. Petitioner herein is claiming that he is the absolute land admeasuring owner and Possessor Ac.LO4Yz guntas 1n Sy.Nos.597lD 14, 597 lDl l6 and 5g7 lBll/5, situated at Bheemaram Revenue Village' Hasanparthy Mandal, Hanmakonda District within respondent No.2 corporation under a Registered Sale Deed bearing document No.5931 of 2O2O, dated 27.O2.2O2O. With an intention to construct house, he tried to upload application seeking building permission with respondent No.2 along with all the relevant documents. Respondent No.2 is not accepting the same' 2

3. According to the petitioner, respondent No.2 is insisting NOC lrom respondent No.3. Respondent No.2 cannot insist NOC from respondent No.3. Tahsildar issued proceedings dated O4.06.2022 converting the subject land from Agriculture to Non-Agriculture. Therefore, aggrieved by the said action of respondent No.2, petitioner filed the present writ petition.

4. Whereas, Sri Pasham Mohith; learned Standing Counsel for respondent No.2, on instructions, would submit that petitioner never submitted al application seeking building permission with respondent No.2 in terms of TS-bPASS Act, 2O2O. If petitioner submits an application, respondent No.2 will consider the same, strictly in accordance with the proceedings laid down under TS-bPASS Act, 2O2O and the Telangana Municipalities Act, 2O 19.

5. As rightly contended by learned Standing Counsel for respondent No.2, there is no assertion in the writ affidavit that the petitioner herein has submitted an l application under TS-bPASS Act, 2O2O and the sarne was not accepted. Perusal of record also would reveal that the petitioner has filed writ petition ulde W.P.No. 1592 1 of 2023 allegSng interference of revenue authorities and also respondent No.3. This Court, uide order dated

23.06.2023 directed the respondents therein not to interfere with the possession of the petitioner over the subject property.

6. In paragraph No.7 of the writ affidavit petitioner has contended that he intend to make construction of a house in a sma-ll portion of the subject land. Therefore, he approached respondent No.2 seeking building approval plan ald to his utter surprise officials of respondent No.2 insisted to obtain NOC from respondent No.3, which is contrary to provisions of TS-bPASS Act, 2O2O and The Telangana Municipalities Act, 2019. The affidavit is very vague. However, petitioner has also contended that he has submitted a 4 representation dated 26.06.2023 with respondent No.3 with a request to issue NOC.

7. In the light of the aforesaid submissions, this writ petition is clisposed of directing the petitioner to submit application under TS-bPASS Act, 2O2O by uploading all the relevant documents with respondent No.2 with a request to accord building permit order for construction of house. Liberty is granted to the petitioner to upload the conversion proceeCings dated 04.06.2022 and a copy of order dated 23.06.2023 in W.P.No. 15921 of 2023. On uploading the said documents, respondent No.2 shall consider the same and process the application submitted by the petitioner without insisting NOC from respondent No.3. He shall complete the entire exercise within a period of eight (08) weeks from the date of uploading the application by the petitioner, strictly in accordance with the procedure laid down under Section 7 of the TS-bPASS Act,2O2O. There shall be no order as to costs. I 5 As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. ,TRUE COPY// SD/. P.Ch. NAGABHUSHAMBA ASSISTANT REGISTRAR SE N OFFICER To 1 2 3 4 5 6 7 8 PSK. (IJ P The Principal Secretary, tt/lunicipal Administration and Urban Development Department, Dr. B R. A.bJl'[I3;;;;i'iiJi' s'it'u'a' Hvderabad' state or I;58%11ft,.r,"ner, Greater waransar Municipar corp-oration, warangar. +i.iE ilili# ELgin""i, c;;ilano"A'"a Development (cAD)' rf anumikonOa, HSnumakonda District ij;;"iii;'i{i k.V.nnLer'ion[ Fnnsno' Adv-ocate. [oPUCl rwo ccs to GP FoR MCPL"AiiMN Aij[dnr'r orv' riign colrt for the state +t-'"'lll3iltA'#$:'fRit J?S]l,n' court ror the state or reransana' at Hvderabad. IOUTI 6l'l"btiish-iFn'snnr',r MoHlr, sc FoR GWMC IoPUC] Two CD CoPies w I I t. HIGH COURT DATED:02101,t2025 ORDER WP.No.37173 of 2024 1 HE STA o O6 FIB 2[25 t oESPATC * ,.1* DISPOSING OF THE WRIT PETITION WITHOUT COSTS p- ,{4 &"