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Judgment
Heard Mr. C. Hari Prasad, learned counsel for the petitioner and Mr. K. Ravi Mahender, learned standing counsel for respondents No.1 to 4 – GHMC.
Learned counsel for the petitioner submitted that, in similar circumstances, this Court passed order dated 03.12.2025 in WP.No.30027 of 2025 and requested this Court to pass similar order in the instant writ petition as well.
Learned standing counsel for respondents No.1 to 4 – GHMC has not disputed the aforesaid submission.
In view of the above submissions, the writ petition is allowed in terms of order dated 03.12.2025 in WP.No.30027 of 2025, as under:
In the light of the order of this Court dated 15.11.2022 in WP.No.12101 of 2022 and order of the Supreme Court dated 26.07.2019 in Civil Appeal No.9034 of 2018, the writ petition is allowed. The rejection letter dated 22.05.2026 is set aside. The respondent No.2 is directed to reconsider the building permission application dated 22.01.2026 of the petitioner by taking into account the order dated 15.11.2022 in WP.No.12101 of 2022 and modified order of the Supreme Court dated 26.07.2019 in Civil Appeal No.9034 of 2018. This exercise shall be done within a period of twenty one (21) days from the date of receipt of a copy of this order.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
This writ petition is filed seeking a writ of mandamus to declare the action of the respondents herein in issuing Shortfall letter dated 08.12.2024 in respect of building permission application bearing File No.011098/GHMC/5457/SLP2/2023BP dated 06.10.2023 as illegal, arbitrary and contrary to the provisions of the GHMC Act and set aside the same and consequently direct the respondents herein to grant building permission in respect of Plot No.807 admeasuring 418.03 sq. meters, Sy.Nos.11/14 to 11/18, Khanamet Village, Serilingampally Mandal, Ranga Reddy District.
2.Petitioner claims to be the absolute owner and possessor of Plot No.807 admeasuring 418.03 sq. meters, Sy.Nos.11/14 to 11/18, Khanamet Village, Serilingampally Mandal, Ranga Reddy District, having purchased the same under registered sale deed bearing Document No.7457 of 1997 dated 27.10.1997. The petitioner applied for building permission to the respondent No.2 on 06.10.2023 for construction of residential cum free Women's Health Clinic by enclosing requisite documents. However, there was no communication from the respondent No.2. The petitioner submitted representation dated 18.12.2023 to the respondent No.4 requesting for expeditious consideration of building permission application. Thereafter, notice dated 02.02.2024 was issued by the petitioner through her counsel to the Commissioner, GHMC, requesting for consideration of building application.
3.It is stated that subsequently on 08.12.2024, the respondent No.4 issued shortfall intimation letter stating that the land in Sy.Nos.11/14 to 11/18 is recorded as "Gurukul Trust land" and included in prohibitory register; the Revenue Divisional Officer and the Tahsildar, Serilingampally, has not recommended issuance of NOC for building permission for the land of the petitioner and that the proposal may be kept on hold until clarification is received from the revenue department. The petitioner submitted representation dated 26.07.2025 to the respondent No.5 – District Collector, Ranga Reddy District, seeking permission for construction of Free Women’s Health Clinic in the plot of the petitioner. However, the same was not considered.
Ms. C. Kiranmayee, learned counsel for the petitioner, submitted that in similar circumstances this Court passed order 15.11.2022 in WP.No.12101 of 2022 directing the respondent authorities to consider the building permission application of the petitioner therein. The GHMC is concerned only with the prima facie title of the applicant while granting building permission and can't conduct a roving enquiry.
Mr. G. Madhusudhan Reddy, learned standing counsel for respondent – GHMC, submitted that the application of the petitioner was duly considered and the file was triggered to the Revenue Department for title verification. In turn, the Additional Director (Revenue) addressed letter dated 28.09.2024 stating that the land in Sy.Nos.11/14 to 11/18, Khanamet Village, Serilingampally Mandal, is recorded as ‘Gurukul Trust Land’ in the Prohibitory Register (under Section 22-A of the Registration Act). In view of the above remarks, the shortfall intimation vide Lr.No.011098/GHMC/5457/SLP2/2023-B dated 08.12.2024 directing the petitioner to comply with the objections within fifteen days.
Learned standing counsel further submitted that there is no irregularity on the party of GHMC in issuing the shortfall intimation letter. It is submitted that the dispute relating to Gurukul Trust and Ayyappa Society is pending before the Supreme Court and status quo orders have been passed.
Learned counsel for the petitioner submitted that, in fact, building permissions have been given and several buildings have been constructed in the Ayyappa Society. The order of this Court in WP.No.12101 of 2022 dated 15.11.2022 has attained finality. Further, by order dated 26.07.2019 in Civil Appeal No.9034 of 2018, the earlier order passed by the Supreme Court was modified stating that "It is made clear that whatever has been done by the respondents will be subject to the outcome of the civil appeal." In view of the said order, the petitioner is entitled for building permission.
In WP.No.12101 of 2022, the petitioner therein is the owner of Plot No.453 in Sy.Nos.11/8, 11/9, 11/10 and 11/11 Part of Sy.No.11, Ayyappa Colony, Khanamet Village. The order of the Supreme Court dated 19.11.2013 was considered by this Court and it was observed that at no point of time, the Supreme Court had granted stay on the subject lands with regard to alienations, registration and construction. Further, by relying on the judgment of this Court in Hyderabad Potteries Private Limited v. Collector, Hyderabad District [2001(3) ALD 600] of a coordinate bench of this Court, the writ petition was allowed directing the respondent authorities to consider grant of building permission without looking into the list furnished by the ULC department and that while granting building permission, the respondent - CHMC can only look at the prima facie title and lawful possession.
In the light of the order of this Court dated 15.11.2022 in WP.No.12101 of 2022 and order of the Supreme Court dated 26.07.2019 in Civil Appeal No.9034 of 2018, the writ petition is allowed. The shortfall intimation letter dated 08.12.2024 is set aside. The respondent No.2 is directed to reconsider the building permission application dated 06.10.2023 of the petitioner by taking into account the order dated 15.11.2022 in WP.No.12101 of 2022 and modified order of the Supreme Court dated 26.07.2019 in Civil Appeal No.9034 of 2018. This exercise shall be done within a period of twenty one (21) days from the date of receipt of a copy of this order.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.