Chapala Shiva Kumar 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents illegally, arbitrarily rejecting the Petitioner's application for building permission vide Rejection-Letter dated 24-11-2025, bearing Build Now Provisional Permit in respect of the Petitioner's residential No. 002559/GHtMC/0071111R1C1812025, property admeasuring 60.33 Sq. Yards, forming part of Municipal House No. 8- 2-703lA166lA (old), Dr. B.R.Ambetkar Nagar Basti, Road No.13, Banjara Hills, Shaikpet Village and Mandal, Hyderabad - 500034, without affording any opportunity of hearing and in total violation of the principles of natural justice, as illegal, arbitrary, unconstitutional and violative of Articles l4 and 300-A of the Constitution of lndia. and consequently SET ASIDE tht; impugned Rejection Letter and direct the Respondents to process the Petitirr ter's application and permit him to proceed with further construction strictly in a:;ordance with law lA NO: 1 OF 202s Petition under Section 151 CPC praying that in the )ircumstances stated in the affidavit filed in support of the petition, the High Cor- t may be pleased to direct the Respondents, their agents, servants, subordi,rrtes or any persons claiming through them, NOT TO INTERFERE with the retitioner's peaceful possession and enjoyment of his residential property a<llreasuring 60.33 Sq. Yards, bearing part of H.No. 8-2-7O3lA166lA (old), Dr. : R. Ambetkar Nagar Basti, Road No.13, Banjara Hills, Shaikpet Mandal, H'r, erabad, and not to cause any obstruction to the ongoing construction or talrr any coercive steps pursuant to the impugned rejection letter. Counsel for the Petitioner: SRl. M VENKATESWARLU Counsel for the Respondent No.1 : GP FOR MUNICIPAL l\ )MINISTRATION AND URBAN DEVEI. )PMENT Counsel for the Respondent Nos.2&3 : SRI M. ARUN KUlllAR, SC FOR GHMC Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR HOME The Court made the following: ORDER - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.38971 OF 2025 DATE OF ORDER: 18-12-2025 Between: Chapala Shiva Kumar. .... Petitioner AND The State ofTelangana represented by its Principal Secretary to Government, Municipal Administration and Urban Development Department at Secretariat, Hyderabad, and four others. ORDER ... Respondents Learned counsel for the petitioner submitted that the subject matter of this writ petition is squarely covered by the order dated

28.11.2025 passed by this Court in W.P.No.36363 of 2025.

2. The submission of the learned counsel for the petitioner is not rebutted by the learned Standing Counsel for GHMC appearing for respondent Nos.2 and 3.

3. Therefore, recording the aforesaid submission, following the order dated 28.11.2025 passed by this Court in W.P.No.36363 of 2025, this writ petition is allowed setting aside the impugned rejection t t 2 letter in File No.002560/GHMC/0071 O t lN C1 812025 da'ed 24'1 1'2025 in respect of the subject property admeasuring 60'33 square yards' forming part of Municipal H'No'8-2-703/r\'66/4 (Old)' Dr. B. R. Ambedkar Nagar Basti, Road No'13' Banjara Hills' Shaikpet Village and Mandal, Hyderabad' Further' respondent l'lo'3 is directed to reconsider the building permission application of t re petitioner in File No.002560/GHMC/OO71OtlNC18l2O25 dated ( 4'11'2025' bv taking note of order of this Court in W'P'No'2169t1 of 2025 dated 15.09.2025, documents submitted by the petitic ner and also considering the long standing possession of the p:ritioner and his family members over the subject property' This entir 'r exercise shall be completed within a period of twenty one (21) days rom the date of receipt of a copy of this order' Pending consideraticr of the building application of the petitioner, the respondent authort es are directed not to interfere with the possession of the petitioner i r respect of the subject property. No order as to costs' As a sequel thereto, miscellaneous petitions, i any pending in this writ petition, shall stand closed' ISD/.B. REKHA RANI z{sli SrANr REGISTRAR / //TRUE COPY// . SECTION OFFICER To, 1 2 J The Princioal Secretary to Govemment, Municipal Adr inistration and Urban oe"efopm5ni oepartment at Secretariat, T'S ,Hyderabir 1 i;; -ilr;i;i"nbi, cr""t"i iiJ"ii;i?' rtr,niiiri't co'1 r' ration (G HMC)' Head OfRce, Tant Bund Road, Hyderabad - 500063' .. ih;"bili;- co=..ittiontil'Llr."l" t'lo'te, Khairali zbad zone' Greater ifi";;#'tlr;-;;i ild;;tion' Jubilee Hilis, Hvder,ilad - 500033' 4 Hyderabad

4. The Tahsildar, Tahsildar office, Banjarahiils sheikpet Mandar Hvderabad 5. The station House officer, Bdnjarahiils poiice stition,' 6. One CC to SRl. lV. VENKATESWARLU, Advocate tOpUCl 7. Two CCS to GP FoR MUNICIPAL ADMINISTRATibT nruo URBAN ^ DEVE^L^OPMENI ,ttiS! Court for the Stare of Tetansana, at HVOeijOaa-iO0ri 8. Two CCs to Gp FOR REVENUE High court forihe state 6iT;69r;;;1 9. Two CCs to GP FOR HOME High Court for the State of Telangana, at 10.One CC to SRl. M. ARUN KUMAR, SC FOR GHMC tOpUCl 1 1 . Two CD Copies Hyderabad [OUTJ Hyderabad [OUT] -aanjaianirrs, % MaB B CC TODAY I I I I HIGH COURT DATED:1811212025 ORDER WP.No.38971 of 2025 .J t * Diri 1! tF[ 2 ,S '' , lr.|-:C ALLOWING THE WRIT PETITION WITHOUT COSTS J-