Yash Aoarwal v. Hyderabad

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 a writ order or direction more particularly one in the nature of writ of Mandamus duly declaring the action of the 2nd respondents in not considering the representation made by petitioner on 4-11-2025 for issuance of NOC/Clearance forthe Plot No.106 admeasuring 145 Sq Yds or 121'22 Sq Mts in sy.No.66/3 in Raidurg, Now Khalasa Village, Serilingampally Mandal, Ranga Reddy district, in the interest of justice' ., I T ! I .,:r:.ri$;,r#i lA NO: 1 OF 2025 Petition lnderSection 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 consider the representation made on 4.11.2025 for issuance of /IIOC clearance certificate, and pass appropriate orders, pending disposal of the main writ petition in the interest of justice. Counsel for the Petitioner: MS P. SUNITHA REPRESENTING SRI N. VIJENDER REDDY,ADVOCATE Counsel for tl"re Respondents No 1 To 3 : MS T. SWETCHA, AGP FOR REVENUE Counsel for ttre Respondent No 4: SRI G. MADHUSUDHAN REDDY, SC FOR MUNICIPALITIES. The Court made the following: ORDER ,' .r: IN THE HIGH COURT FOR THE STATE OF TELANGANA AT TTYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.3874O of 2O25 DATE OF ORDER: 17. L2.2O25 Between: Yash Agarwal AND ...Petitioner The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, and others ..Respondents ORDER: This . Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "...to issue a urit order or direction more particularlg one in the nature of Writ of Mand.amus duly declaring tlrc action of the )nd respondent in not * - considerirtg: *e representation made by petitioner on 4- 11-2025 for issuance of NOc/Clearance for the Plot No.106 admeasuing 145 Sq.Yds or 121.22 Sq.Mts in Sy./Vo.66/ 3 in Raidurg, Now Khalasa Village, '' i a I II I , r:,,:;:;i:il Page 2 of5 Serilingampally Mandal, Ranga Reddy district, in the intere:st of justice and to pass....."

2. Hezrrd Ms. P.Sunitha, learned counsel representing Sri M.Vij 3nder Reddy, learned counsel for the petitioner and Ms.T.Swt:tcha, learned Assistant Government Pleader for Revenue. for respondent Nos.1 to 3 and perused the record.

3. LeeLrned counsel .appearing for the petitioner would submit that the petitioner herein has purchased a Plot bearing I{o.106, admeasuring 145 sq.yards or 121.22 sq.mts in Sy.No.66/3, situated at (Raidurg) now Khalasa village, Serlingarrpally Mandal, Ranga Reddy District from his vendor l4s.Shiji Rose, through a registered sale deed bearing document No.10688I2023, dated 23.LL.2023. The vendor of the peti::ioner has purchased the subject property from the governrrent through Application No. 179APL3AO72OO023 and file No. B / 23 I I 20 19 by way of conveyance deed uide document No.9l53/2023, dated 10.10."023. Since the date of purchase, the petitioner is in peaceful possession and enjoymt:nt of the subject propert5r. i i I I I ?, Page 3 of5

4. Thereafter, the petitioner approached GHMC by making an application for the building permission for the stilt for parking + 3 upper floors uide building permit No.O 14038/ G[{MC /O4O38l IABP / C2O 12025,

25.08.2025 and that being so GHMC issued shortfall letter dated 09.O9.2025 to the petitioner stating that the clearance copy from the competence authority is to be uploaded for granting the building permission as the site is falling in Sy.No.66/3 of Khalsa, which is notified by the revenue department under Section 22-A of the Registration Act, 1908, and also further stated that the District Collector, Ranga Reddy District addressed letter uid.e LT.No.CRMO- l|106/2024, dated 25.0L.2O24 stating that not to issue the permissions in Sy.No.66 of Khasla without clearance copy from the competent authority.

5. The question of that particular plot notified by the revenrf,e department under Section 22-A of the Registration Act, 1908 does not arise, as the petitioner's vendor has *4urchased the property from the government by way of conveyance deed dated LO.LO.2O23. As the petitioner having j 1i '1 i E T I I I T Page 4 of5 clear title, submitting of clearance certificate does not arise. Though tleere is no requirement for clearance certificate, the petitioner made an application before respondent No.2 dated

04.1L.20'.25 for issuance of clearance certificate, which is not considere'd by respondent No.2 till date. Hence, the present writ petition

6. Learned Assistant Government Pleader for Revenue would sr-rbmit that land in Sy.No.6613 in Khalasa has been entered .nto the list of prohibited properties under Section 22-A of the Registration Act, 1908 unless it has been removed from the list of prohibited properties, the case of the petitioner is not considered. However, she would submit that at present Bhu-Bharati Act, 2025 is came into force, she herrce seeks to direct the petitioner to submit an applicat.on as per the relevant provisions of Bhu Bharati Act, 2025 for removing the subject land from the list of prohibited properties. In the absence of which, the case of the petition,:r cannot be considered. Hence, seeks to pass appropriate orders. Page 5 of5

7. In the light of the aforesaid facts and circumstances of the case and upon perusing the material available on record, this Writ Petition is disposed ol granting liberty to the petitioner to submit an application to the respondent- authorities as per the provisions of The Telangana Bhu Bharati Act, 2025. Upon receiving of the sarne, the respondent-authorities shall consider the same and also the application dated 04.11.2025 and pass appropriate orders, strictly in accordance with law, by putting the petitioner and all interested parties on notice and affording them an opportunity and pass appropriate orders within a period of 90 days from the date of receipt of the application to be made by the petitioner and communicate copy of the said order to the petitioner. There shall be no orders as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed SD/. A.SRE ENIVASA REDDY ASSISTANT REGIS /TRUE COPY// SECTION OFFICER To, Hyderabad. l.ThePrincipalsecretary(Revenue)Secretariat,stateofTelangana' 2. The District collector, Kongara Karan, Ranga Reddy District' 3.TheMandalRevenueoffice.r,serilingamoarrvMaloll,RangaReddyDistrict. 4. The Deputy commissiorler, Serilingampally circle 20, serilingampally Zot]e " dnvtc,'HYderabad 7 > i I Ii :

5. one cc to SRr N. VTJENDER REDDy, Advocate {opucl 6. Two ccs to Gp FoR REVENUE ,High court for the state of rerangana at Hyderabad . [OUT] One CC to SRI G. MADHUSUDHAN REDDY, Sc FoR MUNICIPALITIES. toPuc] \ 7

8. Two CD Copies DAN rrs E- HIGH COIJRT DATED:1711212025 / ORDER WP.No.3E740 of 2025 \ \ T I I 10 rm ?[n$ :C * * DISPOSING OF THE WRIT PETITION WITHOUIT COSTS $ .4e &,