A. Ramakrishna Reddy v. The State of Telangana

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 appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent impugned order Dated 11.12.2025 in rejectlng the provisional building permit order of the petitioner as granted Dated 27.11.2025 in respect of open plot admeasuring an extent of '144 Sq.Yards equivalent to 12O.4 Sq.Meters in Sy.No. 521 , 522, 523 and 524 (52111, 52211, 52311 and 52411) vide plot bearing No. 44, situated at Budvel Village, Rajendra nagar Mandal, Ranga Reddy District. On the ground that the sale deed of the petitioner in respect of the above plot is after a cutoff date 26.08.2020 as mentioned in G.O.Ms No. 28 Dated 20.02.2025 issued by the 1st respondent though the petitioner by virtue c f registered sale deed document is the owner of the above plot though had z lready obtained Nala conversion order Dated 29.08.2023 and further the cutoff r ate with regard to the sale deed of the petitioner as mentioned in the G.O. is not applicable as not only 10 percentage but the total extent of plot had already be,r n sold by the original owner as arbitrary, illegal, violation of the principlrr: of Natural justice. consequently direct the 3rd respondent to accept buildir g permit order Dated 27.11.2025 by withdrawing the impugned rejection of t.r r provisional building permit order Dated 'l 1.12.2025. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in thr-' circumstances stated in the affidavit filed in support of the petition, the High Co rt may be pleased to suspend the order of the 3rd respondent impugned orde r Dated 11.12.2025 in rejecting the provisronal building permit order of the petitic rer as granted Dated 27.11 2025 in respect of open plot admeasuring an er:l -.nt of 144 Sq.yards equivalent to 120.4 Sq.lt/eters in Sy.No. 521 ,522,523 ar d 524 (52111, 522t1, 52311 and 52411) vide plot bearing No. 44, situated at Bur vel Village, Rajendra nagar [Mandal, Ranga Reddy District. Counsel for the Petitioner: SRI PRAVEEN KUMAR VEERJ/ LA Counsel for the Respondent No.1: cP FOR MUNICIPAL At MINISTRATION AND , URBAN DEVELOPI\I :NT Counsel for the Respondent Nos.2 to 4: SRI RAPARTHI VE NKATESH, S.C. FOR GHI\ C The Court made the following: ORDER a 7 TIIGH COURT FORTHE STATE OF TELANGANA AT IIYDERABAD THE HONOT]RABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITON No.40743 OF 2025 DATE OF ORDER: 3l-12-2025 Between: Mr. A. Ramakrishna Reddy S/o. late A. Pratap Reddy ,.. Petitioner AND The State of Telangana Rep. By its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad, and three (3) others. ... Respondents ORDER (oRAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No.3 in rejecting the provisional building permit order in File No.028934/GHMC/06903/IABPlClll2025 dated I1.12.2025, which was granted on27.12.2025 in respect of a the property bearing Plot No.44 admeasuring 144 square yards in Survey Nos.521, 522, 523, 524 (521 11, 522/1, 5231 1 and 524/ l), 2 situated at Budwel Village, Rajendranagar Mandal, Ranga Reddy District, as being illegal and arbitrary

2. Heard Mr. Praveen Kumar Veerjala, leamed c tunsel for the petitioner, and Mr. Raparthi Venkatesh, learned sta rding counsel for the GHMC, appearing for respondent Nos.2 to 4 3 . Leamed counsel for the petitioner submitted . rat irrpugned order dated 11.12.2025 was passed by respondent lo.3 rejecting the provisional building permit order granted on .7.11.2025 in respect of the subject prope(y on the ground that th: petitioner has not submitted any link document before the Land l.cgularization Scheme cut-off date i.e.,26.08.2020. The petitione;- rurchased the subject property under registered sale deed bea-r rg document No.11430 of 2025 datedl2.l1.2025

4. Leamed counsel for the petitioner submitted t rat in similar circumstances this Court passed order dated I \.02.2022 n a W.P. No.5150 of 2022 holding that if the plot is pur :hased by the applicants after the cut-off date i.e.,26.08.2020 (ur ler LRS vide G.O. Ms.No.l3l MA dated 31.08.2020), they cinnot be left 3 without any remedy and the Municipal authorities have to consider the building permission applications by collecting penal charges, \ \ 33%o of compounding fee and open space contribution charges of 14oh on the marker value of the site/plot applied for building permission as on date of applications. I

5. In view of the above, the writ petition is allowed setting aside the impugned rejection order in File No.028934/CHMCI 06903/1A.8P/CLl/2025 dated 11.12.2025 in respect of the property bearing Plot No 44 admeasuring 144 square yards in Survey Nos.52 I , 522, 523, 524 (521/t, 522/1 , 523/1 and 524/t), situated at Budwel Village, Rajendranagar Mandal, Ranga Reddy District. Respondent No.3 is directed to re-consider the building permission application of the petitioner in File No.028934/GHMC/06903/ IABP/Cll/2025 dated27.11.2025, and pass orders, by taking into consideration the judgment of this Court in W.P. No.5l50 of 2022 dated 02.02.2022, by affording opportunity of hearing to the I petitioner, within a period of twenty one (21) days from the date of receipt of a copy of this order. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous appliL;: tions, if any, pending in the writ petition stand closed. SD/. A.I ;REENIVASA REDDY ASS ISTANT REGISTRAR t'i,t-- sf&ro N OFFICER //TRUE COPY//

1. The Principal Secretary, Municipal Administration arr, Department, State of Telangana, Secretariat Buildir< Bhavan, Hyderabad Uiban Develooment br. B.R Amtiedkar

2. The Commissioner, Greater Hyderabad Municipal Cc Hyderabad District. -poration, Hyderabad,

3. The Deputy Commissioner, Greater Hyderabad \ Rajendranagar, Circle - 11, Hyderabad. unicipal Corporation,

4. The Assistant City Planner, Greater Hyderabad l\ Rajendranagar, Circle - 11, Hyderabad. unicipal Corporation,

5. One CC to SRI PRAVEEN KUMAR VEERJALA, Advor:i 6. Two CCs to GP for Municipal Administration and Urbr Court for the State of Telangana at Hyderabad. [OUT] 7. One CC to SRI RAPARTHI VENKATESH, S.C. for GH\ B. Two CD Copies \y te [oPUC] n Development, High c [oPUC] To MP HIGH COURT DATI iD:3111212025 pi rilSD 1 ( IJ 0 * -\'.,- t )c ..{:'',. -r .. .,' "7 ORDER WP.No., .0743 of ZO2S ALLOWING THE WF IT PETITION WITF OUT COSTS a \\ [#N