✦ High Court of India · 30 Dec 2025

The High Court · 2025

Case Details High Court of India · 30 Dec 2025
Court
High Court of India
Decided
30 Dec 2025
Bench
Not available
Length
1,003 words

Petition under Article 226 of lhe Constitution of lndia,praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order, Writ or direction more particularly the nature of the Writ of [VIandamus, a. declaring the action of the Respondents in hang to issue the commencement certificate in respect of the Petitioners Application No. 465550/GHMC1218991202 with regard to the Subject Property i.e. Open Plot No.21, Ward No.1, Block No.30 in Sy. No.3B5, admeasuring 267 Sq.yds.

223.21 Sq. Mtrs.), situated a Kanajiguda, Alwal, under Greater Hyderabad tr/unicipal Corporation, Alwal Circle, Alwal Mandal, Medchal-Malkajgiri District as illegal, arbitrary, an violative of the TS-bPASS Act, 2020 and Article '14, 21 and 300-4 of the Constitution of lndia and b. Direct the Respondents to forthwith issue commencement certificate, o alternatively, declare that the Petitioner is entitled to Deemed Approval unde Section 7(10) of the TS-bPASS Act,2020 in respect of the Petitioner's Applicatioi No. 465550/GHMC12189912024 with regard to the Subject Property i.e. Open Plo No.21, Ward No.1, Block No.30, in Sy. No.385, admeasuring 267 Sq. Yds. (223.2 Sq. Mtrs.), situated at Kanajiguda, Alwal, under Greater Hyderabad Municipal Corporation, Alwal Circle, AIwal lvlandal, N/edcha I-tr,4a lkajgiri District, c. Consequently, direct that the timelines stipulated under the Building Permit Order bearing Permit No. 465550/1 10571G!1MC12024 shall stand extended and shall commence either from the date of issuance of the commencement certificate or from the date on which the deemed approval status is accorded to the Petitioner, as the case may be. lA NO: 1 OF 2025 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 permit the Petitioner to proceed with construction over the Open Plot No.21, Ward No.1, Block No.30, in Sy. No.3B5, admeasuring 267 Sq. Yds (223.21 Sq. Mtrs.), situated at Kana.jiguda, Alwal, under Greater Hyderabad Municipal Corporation, Alwal Circle, Alwal Mandal, [/ed chal-lVlalkajg iri District by extending the timelines stipulate under the Building Permit Order bearing Permit No. 465550/'1 1057lGHI\1C12O24 dated 2411212024, pending disposal of the writ petition as per the Provisional Sanction Plan. Counsel for the Petitioner: SRI BELPU VISHNU RAO Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4: SRI K. RAVI MAHENDER, S.C. FOR GHMC The Court made the following: ORDER i I i I I I I I HIGH COURT FOR THE S'I-ATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE B. VI.IAYSEN REDDY WRIT PETITON No.39844 OF 2025 DATE OF ORDER: 30-L2-2025 Betlveen: Mrs. Jyothi P Chauhan Wo. Late Sri Prakash A Chauhan ... Pe titioner AND The State ofTelangana Rep. By its Principal Secretary, Municipal Administration and Urban Development Depaftment, Secretariat, Hyderabad, and three (3) others. ,.. Respondents ORDER: (ORAL) Heard Mr. B. Vishnu Rao, leamed counsel for the petitioner' and Mr. K. Ravi Mahender, leamed standing counsel for the GHMC, appearing for respondent Nos.2 to 4.

2. Learned standing counsel for the GHMC placed on record written instructions and submitted that on the application of the petitioner seeking permission for construction of residential building consisting of Slit for parking + three (3) upper floors in 2 thc property bearing Plot No.2 l, Ward No.1, Block No.30 adrneasuring 267 square yards tn Survey No.385 situated at Kana.iiguda, Alwal, Medchal-Malkajgiri District in File No.46550/ CIINIC/2 18()912024 dated 24.12.2024, the site was inspected by the (iHMC officials and documents submitted by the petitioner n'ere duly verified. Upon scrutiny, the application was forwarded to thc T'itle Officer tbr clarification regarding title of the subject propefty and report lrom the Title Officer is pending.

1. According to leamed standing counsel for the GIIMC, title hus to be verified by the Revenue Department / concemed l'ahsildar (1'ahsildar, Alwal Mandal). As and when information is received fionr the Tahsildar, appropriate action will be taken on the application olthe petitioner. i. lrr the above circumstances, the writ petition is disposed of, directing respondent No.4 to pass orders in the building permission aplrlication ol- the petitioner in File No.46550/CHMC/2189912024 dated 2-1.12.2(:)24, by requisitioning Title inspection report from the l-ahsildar. Alrval Mandal, within a period of twenty one (21) days from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any. pending in the writ petition stand closed. SD/-P. PONNA KRI SSISTANT R A TRAR l i/TRUE COPYII SECTION OFFICER To MP 'l . The Assistant City Planner, Greater Hyderabad Mun pal Corporation, Alwal Circle Office, Alwal, Hyderabad - Telangana. l 2. One CC to SRI BELPU VISHNU RAO, Advocate [OPUC] 3. Two CCs to GP for lt/unicipal Administration and Urban Development, High Court for the State of Telangana at Hyderabad. [OUT]

4. One CC to SRI K. RAVI MAHENDER, S.C. for GHMC [OPUC] 5. Two CD Copies v HIGH COURT DATED:3011212025 lHE S Ro( A 13 ffB 2026 \ r-\. -El) 1!. ' .rl- S,oarr.r_r ... , .,. : *c.l ORDER o(.) 1' o-, '\.. + ':_ WP.No.39844 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ b

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