Banda Naresh Yadav & Anr. vs State Of Telangana & Ors.

Heard learned counsel for the petitioners and Mr. M. Arun Kumar, learned standing counsel for the respondents No.2 to 4 - GHMC.

Learned counsel for the petitioner submitted that the impugned rejection order dated 20.03.2026 is contrary to the law laid by this Court in HYDERABAD POTTERIES PRIVATE LIMITED v. COLLECTOR, HYDERABAD^{11.2001(3) ALD 600}. The petitioners are the owners of the property bearing Municipal No.10-1-324, 325, 32 and 10-1-326/A-B, Chintai Basti, Khairtabad, Hyderabad and applied for building permission vide application No.015825/GHMC/07177/SWBP/GLC2/20226 dated 11.03.2026. The application was rejected based on title verification intimating that the land is recorded in TSLR Column No.20 as "G" Non ISF Land and therefore, classification of land is Government land.

Learned counsel for the petitioner further submitted that the GHMC authorities are only concerned with prima facie title at the time of granting building permission and cannot decide title of the parties, as there is no rival claim over the subject property. So far the Government has not initiated any steps against the petitioner and merely because it was recorded as Government land, building permission cannot be refused.

In HYDERABAD POTTERIES PRIVATE LIMITED's case (1 supra), it was held the entries in the town survey record do not conclusively prove title of the Government. In view of the same, the objection taken in the impugned rejection order that the land is recorded in TSLR Col.No.10 as "G" Non ISF Land and therefore, classification of land is Government land, cannot be sustained. So far as another objection regarding plot boundaries not tallying with documents and ground position, the respondents No.3 and 4 are directed to conduct field inspection and if the petitioners are able to satisfy, by producing documents, that they are in possession of the subject property, then the application for building permission shall be considered in accordance with law. Such exercise shall be completed within a period of twenty one (21) days from the date of receipt of a copy of this order.

The writ petition is disposed of. The miscellaneous applications, pending if any, shall stand closed. There shall be no order as costs.