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Judgment
This writ petition is filed by the petitioner seeking to declare the action of respondent No.3 in issuing the letter dated 18.12.2025 rejecting his building permission application bearing File No.008399/GHMC/03910/SWBP/KHB1/2025 dated 13.10.2025 in respect of c, as being illegal, arbitrary and unconstitutional.
Heard Mr. B.Mayur Reddy, learned Senior Counsel, appearing for Ms. Kalva Sree Rakshitha, learned counsel for the petitioner; Mr. Midde Arun Kumar, learned Standing Counsel for GHMC, appearing for respondents No.2 and 3; and perused the material on record.
Learned Senior Counsel appearing for the petitioner submitted that the impugned letter dated 18.12.2025 issued by respondent No.3 rejecting the building permission application of the petitioner in respect of the subject property is illegal and arbitrary. Learned Senior Counsel produced a copy of the G.O.Ms. No.102 dated 03.07.2021 where under the road "KBR Park Ganesh Temple to CNR Herbs, Road No.2, H.No.8-2-293/A/A/1/GF" has been declared as commercial road. It is submitted that since the said road has been declared as commercial road, the impugned rejection letter is unsustainable. Learned Senior Counsel further submitted that the impugned rejection letter directing the petitioner to submit application for change of land use from the Revenue Department, Government of Telangana is unwarranted and baseless.
Learned Standing Counsel for GHMC, by referring to paragraph No.5 (a) to (c) of the counter affidavit filed by respondents No.2 and 3, submitted that the petitioner claims to have purchased the property admeasuring 1075.0 square meters under registered sale deed bearing document No.5505 of 2025 dated 03.09.2025 from one Ms. Kumaran Vijayalakshmi and others. Another extent of 948.02 square meters was purchased by Mr. Shaik Roshan Basha from the vendors of the petitioner under registered sale deed bearing document No.5506 of 2025 dated 03.09.2025. The petitioner applied for building permission for both the properties. On scrutiny of the application, it was found that the land claimed by the petitioner was originally allotted by the erstwhile combined State of Andhra Pradesh for the construction of and 'Outdoor Unit' vide G.O.Ms. No.427 dated 21.07.1984 with an objective of promoting the Telugu Film Industry in Hyderabad. As per G.O.Ms. No.427, the land situated opposite to M/s. Prasad Film Laboratories at Banjara Hills was allotted to certain film industry professionals at a concessional rate of Rs.8,500/- (Rupees eight thousand five hundred only) per acre for the specific purpose as part of film industry development in Hyderabad. Under the said G.O., an extent of Ac.0-20 guntas was allotted in favour of Mr. K.S.Prakash, Director of Photography, Madras for establishing and 'Outdoor Unit' connected with film production activities. The present building application made by the petitioner in respect of the subject property for construction of a commercial building cannot be allowed as it requires specific conversion orders from the Government for usage other than 'Outdoor Unit'. Hence, the building permission application of the petitioner was rejected by the letter dated 18.12.2025.
Learned Standing Counsel relied on the judgment of the Hon'ble Supreme Court of India in Poyilakada Fisheries Pvt. Ltd. v. State of Kerala, wherein it was held that the industrial land allotted at concessional rates must be used for its intended purpose. If an entrepreneur fails to set up or maintain the industry, the State retains the absolute right to cancel the land allotment (patta) and resume ownership.
In reply, learned Senior Counsel submitted that the application for conversion of land usage as directed under the impugned letter will be duly made by the petitioner and requested this Court to pass orders on such lines.
Recording the aforesaid submissions, without expressing any opinion on merits, this writ petition is disposed of directing the petitioner to approach the Revenue Department, Government of Telangana and submit application for conversion/change of usage of the subject property bearing Plot No.1/12B in Survey No.403, Road No.2, Banjara Hills, Hyderabad as directed in the impugned rejection letter dated 18.12.2025 within a period of two (2) weeks from the date of receipt of a copy of this order. Upon receipt of the same, respondent authorities are directed to consider the said application by giving opportunity of hearing to the petitioner and to all other concerned/interested persons, and pass appropriate orders in accordance with law, within a period of four (4) weeks thereafter. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition, stand closed.