Mohit Kumar Aqanrual v. 1. The State of Telangana

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 411112025 for issuance of NOC/Clearance for the Plot No.l0Tadmedsuring 149.6 Sq Yds in Sy.No.66/3 in Raidurg, Now Khalasa Village, Serilingampally Mandal, Ranga Reddy district, in the interest of justice 1 ! t I I I I lA NO: 1 OF 2025 Petition ttnder Section 151 CPC praying that in the circumstances stated in the affidavit fileJ in supporl of the petition, the High Court may be pleased to direct the 2nd respc,ndent to consider the representation made on 4.11.2025 for issuance of /NOC 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 the Respondents No 1 To 3: MS T. SWETCHA, AGP FoR REVENUE Counselfor the Respondent No 4: SRI G. MADHUSUDHAN REDDY, SC FOR MUNICIPALITIES. The Court made the following: ORDER i i I I I I I j IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION '0.38742 of 2o.25 DATE OF. ORDER: 17. L2.2O25 Between: Mohit Kumar 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: o...to issue a urit order or direction more particularly one in the nature of Wit of Mandamus duly declaing tle action of tle 2nd respondents in not considering tle representation made bg petitioner orl 4/ 11/ 2025 for issuance of NOC/ Clearance for tlw Plot No *- -L?Tadmddwing 149.6 Sq Yds in Sg.No.66/3 in Raidurg Nout Khalasa Village Serilingampally Mandal Ranga Reddy district in the interest of justice and to pass.... . " i i I i l t I I I I I Page 2 of5

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

3. Learned counsel appearing for the petitioner would submit t-hat the petitioner herein has purchased a Plot bearing ltlo.I07, admeasuring 149.6 sq.yards in Sy.No.66/3, situated at (Raidurg) now Khalasa village, Serlingampally Mandal, Ranga Reddy District from his vendor Smt. Sushma Agaru,al, through a registered sale deed bearing document No.522 /2025 and the said vendor purchased the land from ShUi Ror;e through a registered sale deed bearing document No.922912024, dated 28.11,2024. The said ShUi Rose has purchased the subject property from the government through Application No.179APL3OO72OOO24 and file No.B/2!1212O19 by way of conveyance deed uide document No.9l54 /2023, dated 10.10.2023. Since the date of purchase, the petitioner is in peaceful possession and enjoymr:nt of the subject propert5r. 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 r4o42 / GHMC/O4}4| /IABP I C2o l2o2s,

25.08.2025 and that being so GHMC issued shortfall letter dated 09.09.2025 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 und.er Section 22-A of the Registration Act, 1908, and also further stated that the District Collector, Ranga Reddy District addressed letter uide LT.No.CRMO- ll/0612024, dated 25.01.2024 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 revenue department under Section 22-A of the Registration Act, 1908 d.oes not arise, as the petitioner's vendor has purchased the property from the government by way of conveyance deEfftlated 10.10.2023. As the petitioner having ,L Page 4 of5 clear titlt:, submitting of clearance certificate does not arise. Though l-here is no requirement for clearance certificate, the petitioner made an application before respondent No.2 dated

04.LL.2025 for issuance of clearance certificate, which is not consider,:d by respondent No.2 till date. Hence, the present writ petit-ion

6. Lezrned Assistant Government Pleader for Revenue would submit that land in Sy.No .6613 in Khalasa has been entered into 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 petitione:r is not considered. However, she would submit that at present Bhu-Bharati Act, 2025 is came into force, she hence seeks to direct the petitioner to submit an application 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. I I I i I I i i 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 of, 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 s€une, 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 atl 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.SREENIVASA REDDY STANT REGIS //TRUE COPY/ SECTION OFFICER To, 1 The Principa Hyderabad. I Secretary (Revenue) Secretariat, State of Telangana,

2. The District collector, Kongara Kalan, Ranga Reddy District. 3. The Mandal Revenue Officer, Serilingampally tr/andal, Ranga Reddy District 4. The Deputy commissioner, Serilingampally circle 20, Serilingampally zone GHMC,'HYherabad -. '**ffi#T !:d;;ir'i-r#-tn*-nllEi j:-::-r-.::=E@--

5. ONE CC; tO SRI N. VIJENDER REDDY, AdVOCAIC [OPUC] 6' Two CC;s to GP FoR REVENUE ,High Court for the State of Telangana at 7. Two CD, Copies Hyderatrad . [OUT] DAN rKS 1%.- ) HIGH COURT DATED i1711212025 ORDER WP.No.38742 of 2025 .s "i,i( ij+ g 10FELw * DISPOSIING OF THE WRIT PETITION WITHOLIT COSTS 10 *f"A k- I ], ,:, i., -. :. . r:.: ,ia,:': i:i. .. \ \ t , t ., - -_-',':-..t,+i..$*4 : ;...:;-,, ..:i;l,:r,;: ' .. li'i ':: i ; ,..,**:ri;'ii,l .itf*'+@ :.'..;-r_5Edi/i<i i:,.:Aii.$*iglil+