[ 3183 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 28166 0F 2026 Between: Ghouse Mohidden, s/o. M.F.Shareef, Age.82 years occ. Retired, Rio. prot No.29 and 30, Survey Nos.41112 and 41t13, Khanamet (V), Seritingampally (M), Ranga Reddy District, T.S. ..,PETITIONER AND principle Secretary Municipalities 1, The State of Telangana, Rep by administration Urban development, Secretariat Hyderabad. 2 The State of relangana,, Rep by its principle secretary Revenue Assignment Department, Secretariat Hyderabad. 3. The Cyberabad Municipal Corporation,, Rep by its Commissioner, at NAC Building, Hitex Madhapur, Hyderabad, T.G. 4. The Cyberabad Municipal Corporation,, Rep by Deputy Commissioner, Madhapur Circle 50, Kukatpally Zone, Ranga Reddy District. 5. The City Planner,, Serilingampally, Ranga Reddy District_ 6. The District Collector,, lntegrated District Office Complexes, Kongara Kalan Village, lbrahimpatnam Mandal, Ranga Reddy District, Telangana 5015l O. ...RESPONDENTS

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 writ order or direction more particularly one in the nature of writ of Mandamus and declaring the action of the respondent No.3, 4 and 5 in issuing shortfall Letter vide File No 058259/CMCro17g7^ABprc50/2026 dated o1-06-2026 to the Buirding permission of the petitioner vrde provisional Building permit order vide File No058259/CMC/o17g7rABprc50r2o26 dared 17-05-2026 as being iregar arbitrary discriminatory. contrary to the provisions of GHMC ACT 1955 and contrary to the judgement passed this Honourabre court in wp No.23214t2026 dated 2oro7t2o26, wPNo9710/2026 dated 23-06-2026 and wA.No.67t2023 dated 19_01_2023 and consequenfly set aside the above the Shortfall Letter vide File No 058259/CMCro17g7^ABptc5ot2o26 dated 01-06-2026 issued by respondent No.3, 4 and 5 and to process the Buirding apprication and issue work permrt order in respect of Prot No'2g and 30' in survey Nos.41i 12 and 41r13, admeasuring 425 sq. yards., situated at Khanamet (V) Serilingampalty (M). Ranga Reddy District, T.s., and bounded by North.40 Ft Wide Road South. 30 Ft. Wide Road, East. plot Nos.27 and 28, West. Plot Nos.31 and 32.. l.A. NO: 10F 2026

Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to set aside the shortfa, Letter vrde Fire No.058259rc*crolTgT^ABptc5or2o26 dated 01/0612026 by directing the respondent No 3, 4 and 5 to process the Buirding permit Fire No 058259/cMC to17g7^ABprc5or2o26 dated 17-05-2o26and issue -work permit order rn respect of prot No'2g and 30, in survey Nos.41l 12 and 41r13 admeasuring 425 Sq. /ards., situated at Khanamet (V). Serilingampally (M), Ranga Reddy District, T.S., and bounded by North: 40, Ft. Wide Road, South. 30, Ft. Wide Road; Eastj plot Nos17 and ;28, West. Plot Nos.31 and 32. Oounsel for the petitioner: SRt. THAKUR ROOPA SINGH Counset for the Respondent No.1: cp FOR MCPL ADMN URBAN DEV c:ounset for the Respondent No.2 &6, sRi Mb;; iliaeeeuOOrN, counserror the Respondent No.3,4 - f3[,!.:[ffi?XTiH;, ;. ," R GHMC The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.28166 OF 2026 DATE:31-08-2026 Between: Ghouse Mohidden Petitioner AND The State of Telangana, Rep. by Principal Secretary, Municipalities Administration Urban Development, Secretariat, Hyderabad, and five others. ... Respondents ORDER: (ORAL)

Heard Ms. Thakur Roopa Singh, Iearned counsel for the petitioner; learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1; Mr. Mohd. Habeebuddin, learned Assistant Government Pleader for Assignment, appearing for respondent Nos.2 and 6; and Mr. K. Ravi Mahender, learned Standing Counsel for GHMC, appearing for respondent Nos.3, 4 and 5; and perused the material on record 2. Learned counsel for the petitioner placed reliance on the order dated 26.10.2022 passed by this Court in W.P.No.24451 of 2022 and affirmed by the judgment of the appellate Court in 2 BVR.J wP.No.28l66 2026 W.A.No.67 of 2023 dated 19.01 .2023 and submitted that pursuant to the said order, building permission was granted to the petitioner therein in respect of the subject property therein and requested this Court that similar order may be passed in this writ petition. The said submission is not opposed by the learned Standing Counsel for GHMC and Iearned Assistant Government Pleader for Assignment 3 lt was held in para 5 of the judgment in W.A.No.67 of 2023 as u nder 5. Learned Single Judge referred to and relied upon a decrsion of this Court in Hyderabad Potteries Private Limited v.

Collector, Hyderabad Districtl whereafter she came to the conclusion that refusal on the part of the appellants to grant building permission was not justified. All that appellants were required to ascertain was prima facie title and possession of the applicant As a matter of fact, learned Single Judge found that building permissions for construction of several buildings in the same survey number were granted by the appellants earlier. lf it is government or assigned land, appellants cou d not have granted such building permission. Learned Single Judge vide the order dated 26.10.2022 allowed the writ petition holding as follows: 'ln the light of the law laid down by this Court, wh le granting permission to the appl cant, they can only look at the prima facie title and lawful possession, apart from that they cannot insist for NOC I'rom the Revenue or any other department. lt is the specific company has entered case 01'the petitioner that the petitioner -into a development agreement-cum-GpA with one Sri B. '2001 f 3) ALD 600 3 BVR,J WP.No.28166 2026

Raghuveera, who is the owner and possessor of land in Plot Nos. 21, 22 Pan, 27 Parl and 28 admeasuring 795.40 square yards forming part of Survey No. 4118 & I of Khanamet Village, Serilingampally Mandal, Ranga Reddy District vide document daled 22-02.2022. Further, it is the case of the petitioner that there are several buildings construcled and the municrpality has granted permission. When the counter is silent on this aspect, it has to be presumed that the respondent Corporation is admitting the fact that they have granted permission in the very same locality. Further, it is the case of lhe respondents that the lands in Sy.No. 4111 lo 41113 situated at Khanamet Village of Senlingampally Mandal are governmenl lands and are attracted by the provisions of Telangana Assigned Lands (Prohibition ot Transfers) AcL 1977 and further several litigations are also pending on subject lands, it is not stated on what basis they have granted permrssion in favour of other persons. 5. ln the light of the law laid down in Hyderabad Potteries Case (supra) and also in the llght of the order passed by the Division Bench of this Court in Writ Appeal No. 403 of 2022, dated 05.07.2022, lhe otdet impugned is set aside. The respondents shall process the building Application of the petitioner in accordance with law without insisting on production of 'NOC'from the revenue authorities and without taking into consideralion the letter of the Dlstrict Collector dated 06.1 1.20'18.

6. The Writ Petltion is accordingly, allowed. There shall be no order as to costs." 4. ln the circumstances, this writ petition is disposed of, directing permission of therespondent No.4 to reconsider the building petitioner vide Ftle No.058259/CMCl01797llABPlC5Ol2O26 daled 17.05.2026 in respect of residential building consisting of Stilt for Parking + 3 upper floors on Plot Nos.29 and 30, admeasuring 425 4 BVR,J \4'P.No.28166 2026 square yards, in Survey Nos.4111 2 and 41113 situated at Khanamet Village. Serilingampally Mandal, Ranga Reddy District, without reference to the impugned shortfall letter dated 01.06.2026 and without insisting for production of No Objection Certificate (NOC) from the Revenue authorities. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand closed. Sd/-S.MALLIKARJUNA RAO AS STANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 'l.ThePrincipleSecretaryMunicipalitiesadministrationUrbandevelopment'State of Telangana, Secretariat Hyderabad 2. The Principle Secretary Revenue Assignment Department' State of Telangana' Secretariat HYderabad. at NAC Building' Hitex 3. The Commissioner Cyberabad Municipal Corporation' Madhapur, Hyderabad T G. 4. The Deputy Commissioner' Cyberabad Municipal Corporation' Madhapur Circle 50, Kukatpally Zone. Ranga Reddy District Planner, Serilingampally, Ranga Reddy District' 5 The City

6. The District collector,, lntegrated District office complexes, Kongara Kalan - VitLge, tOranimpatnam ManOll, Ranga Reddy District' Telangana 501510' 7. One CC to SRl. THAKUR ROOPA SINGH' Advocate [OPUC] S.TwoccstoGPFoRMCPLADMNURBANDEV,HighCourtfortheStateof Telangana, at HYderabad [OUT] 9. Two ccs to GP FOR ASSIGNMENT, High court for the State of Telangana, at Hyderabad [OUT] 10 one CC to SRI K RAVI MAHENDER' SC FOR GHMC [OPUC] 11. Two CD CoPies DAN I G' HIGH COURT CC TODAY DATED: 3110812026 Srri 16' ig€, T 2026ORDER co 0 3 stP /a.i' *WP.No.28165 of 2026 t oESr ,/.- .-*= DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ i(i ,i\ C) \i'-'

[ 3183 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 28166 0F 2026 Between: Ghouse Mohidden, s/o. M.F.Shareef, Age.82 years occ. Retired, Rio. prot No.29 and 30, Survey Nos.41112 and 41t13, Khanamet (V), Seritingampally (M), Ranga Reddy District, T.S. ..,PETITIONER AND principle Secretary Municipalities 1, The State of Telangana, Rep by administration Urban development, Secretariat Hyderabad. 2 The State of relangana,, Rep by its principle secretary Revenue Assignment Department, Secretariat Hyderabad. 3. The Cyberabad Municipal Corporation,, Rep by its Commissioner, at NAC Building, Hitex Madhapur, Hyderabad, T.G. 4. The Cyberabad Municipal Corporation,, Rep by Deputy Commissioner, Madhapur Circle 50, Kukatpally Zone, Ranga Reddy District. 5. The City Planner,, Serilingampally, Ranga Reddy District_ 6. The District Collector,, lntegrated District Office Complexes, Kongara Kalan Village, lbrahimpatnam Mandal, Ranga Reddy District, Telangana 5015l O. ...RESPONDENTS

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 writ order or direction more particularly one in the nature of writ of Mandamus and declaring the action of the respondent No.3, 4 and 5 in issuing shortfall Letter vide File No 058259/CMCro17g7^ABprc50/2026 dated o1-06-2026 to the Buirding permission of the petitioner vrde provisional Building permit order vide File No058259/CMC/o17g7rABprc50r2o26 dared 17-05-2026 as being iregar arbitrary discriminatory. contrary to the provisions of GHMC ACT 1955 and contrary to the judgement passed this Honourabre court in wp No.23214t2026 dated 2oro7t2o26, wPNo9710/2026 dated 23-06-2026 and wA.No.67t2023 dated 19_01_2023 and consequenfly set aside the above the Shortfall Letter vide File No 058259/CMCro17g7^ABptc5ot2o26 dated 01-06-2026 issued by respondent No.3, 4 and 5 and to process the Buirding apprication and issue work permrt order in respect of Prot No'2g and 30' in survey Nos.41i 12 and 41r13, admeasuring 425 sq. yards., situated at Khanamet (V) Serilingampalty (M). Ranga Reddy District, T.s., and bounded by North.40 Ft Wide Road South. 30 Ft. Wide Road, East. plot Nos.27 and 28, West. Plot Nos.31 and 32.. l.A. NO: 10F 2026

Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to set aside the shortfa, Letter vrde Fire No.058259rc*crolTgT^ABptc5or2o26 dated 01/0612026 by directing the respondent No 3, 4 and 5 to process the Buirding permit Fire No 058259/cMC to17g7^ABprc5or2o26 dated 17-05-2o26and issue -work permit order rn respect of prot No'2g and 30, in survey Nos.41l 12 and 41r13 admeasuring 425 Sq. /ards., situated at Khanamet (V). Serilingampally (M), Ranga Reddy District, T.S., and bounded by North: 40, Ft. Wide Road, South. 30, Ft. Wide Road; Eastj plot Nos17 and ;28, West. Plot Nos.31 and 32. Oounsel for the petitioner: SRt. THAKUR ROOPA SINGH Counset for the Respondent No.1: cp FOR MCPL ADMN URBAN DEV c:ounset for the Respondent No.2 &6, sRi Mb;; iliaeeeuOOrN, counserror the Respondent No.3,4 - f3[,!.:[ffi?XTiH;, ;. ," R GHMC The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.28166 OF 2026 DATE:31-08-2026 Between: Ghouse Mohidden Petitioner AND The State of Telangana, Rep. by Principal Secretary, Municipalities Administration Urban Development, Secretariat, Hyderabad, and five others. ... Respondents ORDER: (ORAL)

Heard Ms. Thakur Roopa Singh, Iearned counsel for the petitioner; learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1; Mr. Mohd. Habeebuddin, learned Assistant Government Pleader for Assignment, appearing for respondent Nos.2 and 6; and Mr. K. Ravi Mahender, learned Standing Counsel for GHMC, appearing for respondent Nos.3, 4 and 5; and perused the material on record 2. Learned counsel for the petitioner placed reliance on the order dated 26.10.2022 passed by this Court in W.P.No.24451 of 2022 and affirmed by the judgment of the appellate Court in 2 BVR.J wP.No.28l66 2026 W.A.No.67 of 2023 dated 19.01 .2023 and submitted that pursuant to the said order, building permission was granted to the petitioner therein in respect of the subject property therein and requested this Court that similar order may be passed in this writ petition. The said submission is not opposed by the learned Standing Counsel for GHMC and Iearned Assistant Government Pleader for Assignment 3 lt was held in para 5 of the judgment in W.A.No.67 of 2023 as u nder 5. Learned Single Judge referred to and relied upon a decrsion of this Court in Hyderabad Potteries Private Limited v.

Collector, Hyderabad Districtl whereafter she came to the conclusion that refusal on the part of the appellants to grant building permission was not justified. All that appellants were required to ascertain was prima facie title and possession of the applicant As a matter of fact, learned Single Judge found that building permissions for construction of several buildings in the same survey number were granted by the appellants earlier. lf it is government or assigned land, appellants cou d not have granted such building permission. Learned Single Judge vide the order dated 26.10.2022 allowed the writ petition holding as follows: 'ln the light of the law laid down by this Court, wh le granting permission to the appl cant, they can only look at the prima facie title and lawful possession, apart from that they cannot insist for NOC I'rom the Revenue or any other department. lt is the specific company has entered case 01'the petitioner that the petitioner -into a development agreement-cum-GpA with one Sri B. '2001 f 3) ALD 600 3 BVR,J WP.No.28166 2026

Raghuveera, who is the owner and possessor of land in Plot Nos. 21, 22 Pan, 27 Parl and 28 admeasuring 795.40 square yards forming part of Survey No. 4118 & I of Khanamet Village, Serilingampally Mandal, Ranga Reddy District vide document daled 22-02.2022. Further, it is the case of the petitioner that there are several buildings construcled and the municrpality has granted permission. When the counter is silent on this aspect, it has to be presumed that the respondent Corporation is admitting the fact that they have granted permission in the very same locality. Further, it is the case of lhe respondents that the lands in Sy.No. 4111 lo 41113 situated at Khanamet Village of Senlingampally Mandal are governmenl lands and are attracted by the provisions of Telangana Assigned Lands (Prohibition ot Transfers) AcL 1977 and further several litigations are also pending on subject lands, it is not stated on what basis they have granted permrssion in favour of other persons. 5. ln the light of the law laid down in Hyderabad Potteries Case (supra) and also in the llght of the order passed by the Division Bench of this Court in Writ Appeal No. 403 of 2022, dated 05.07.2022, lhe otdet impugned is set aside. The respondents shall process the building Application of the petitioner in accordance with law without insisting on production of 'NOC'from the revenue authorities and without taking into consideralion the letter of the Dlstrict Collector dated 06.1 1.20'18.

6. The Writ Petltion is accordingly, allowed. There shall be no order as to costs." 4. ln the circumstances, this writ petition is disposed of, directing permission of therespondent No.4 to reconsider the building petitioner vide Ftle No.058259/CMCl01797llABPlC5Ol2O26 daled 17.05.2026 in respect of residential building consisting of Stilt for Parking + 3 upper floors on Plot Nos.29 and 30, admeasuring 425 4 BVR,J \4'P.No.28166 2026 square yards, in Survey Nos.4111 2 and 41113 situated at Khanamet Village. Serilingampally Mandal, Ranga Reddy District, without reference to the impugned shortfall letter dated 01.06.2026 and without insisting for production of No Objection Certificate (NOC) from the Revenue authorities. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand closed. Sd/-S.MALLIKARJUNA RAO AS STANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 'l.ThePrincipleSecretaryMunicipalitiesadministrationUrbandevelopment'State of Telangana, Secretariat Hyderabad 2. The Principle Secretary Revenue Assignment Department' State of Telangana' Secretariat HYderabad. at NAC Building' Hitex 3. The Commissioner Cyberabad Municipal Corporation' Madhapur, Hyderabad T G. 4. The Deputy Commissioner' Cyberabad Municipal Corporation' Madhapur Circle 50, Kukatpally Zone. Ranga Reddy District Planner, Serilingampally, Ranga Reddy District' 5 The City

6. The District collector,, lntegrated District office complexes, Kongara Kalan - VitLge, tOranimpatnam ManOll, Ranga Reddy District' Telangana 501510' 7. One CC to SRl. THAKUR ROOPA SINGH' Advocate [OPUC] S.TwoccstoGPFoRMCPLADMNURBANDEV,HighCourtfortheStateof Telangana, at HYderabad [OUT] 9. Two ccs to GP FOR ASSIGNMENT, High court for the State of Telangana, at Hyderabad [OUT] 10 one CC to SRI K RAVI MAHENDER' SC FOR GHMC [OPUC] 11. Two CD CoPies DAN I G' HIGH COURT CC TODAY DATED: 3110812026 Srri 16' ig€, T 2026ORDER co 0 3 stP /a.i' *WP.No.28165 of 2026 t oESr ,/.- .-*= DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ i(i ,i\ C) \i'-'