A Shekhar Babu vs The State Of Telangana
2021 Latest Caselaw 30 Tel

     HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO
                         AND
       HONOURABLE SRI JUSTICE T.AMARNATH GOUD

                 WRIT PETITION NO.22137 OF 2020

                                 O R D E R:

(Per Sri Justice M.S.Ramachandra Rao)

Heard the learned counsel for the petitioners and Sri Harendra

Parshad, learned Special Government Pleader attached to the office of

the Advocate General for the respondents.

2. In this Writ Petition, though time has been granted on 07.12.2020

and 21.12.2020 to the respondents to file counter affidavit, they have not

chosen to file counter affidavit.

3. It is not in dispute that the issue raised in this Writ Petition is

covered by the order passed by this Court on 27.11.2020 in

W.P.Nos.14881 and 14885 of 2020.

4. A similar order passed by the Commissioner, GHMC (5th

respondent herein), akin to the order impugned in this Writ Petition was

set aside and a Writ of Mandamus was issued to grant sanction for

permission to the petitioners therein for making construction in the

property located in Survey No.78 of Hafeezpet Village.

5. In the said order, this Court had recorded the number of times that

the State Government lost its claim over the property in Hafeezpet

Village at para 35 of the said judgment.

6. This Court had also relied upon the decisions of Hyderabad

Potteries Private Limited Vs. Collector, Hyderabad1, State of A.P.

Vs. Pramila Modi and others2, T.Rameshwar Vs. Commissioner,

Municipal Corporation of Hyderabad and others3 and K.Pavan Raj

Vs. The Municipal Corporation of Hyderabad4 and had held that the

Commissioner, GHMC is not empowered to entertain title dispute and

adjudicate the same while disposing of the Application for grant of

building permission.

7. Therefore, for reasons alike, this Writ Petition is also allowed; the

action of the respondents in refusing to grant construction permission for

the houses of the petitioners located in Plot Nos.62, 63, 73, 74 in Survey

No.78 Part of Hafeezpet Village, Serlingampally Mandal, Ranga Reddy

District vide LR.No.2/C21/13002/2020 dt.11.10.2020 issued by the 5th

respondent on the ground that the land is falling within Government

Sarkari, without considering the orders passed by this Court and the

Supreme Court in C.S.No.14 of 1958 in relation to the said land is set

aside; and a Writ of Mandamus is issued to the respondents to grant

sanction of permission to the petitioners for making construction in their

respective plots located in Survey No.78 Part of Hafeezpet Village,

Serlingampally Mandal, Ranga Reddy District. No costs.

MANU/AP/0361/2001 : 2001(3) ALD 600

MANU/AP/0170/2005 : 2005(4) ALD 105 (DB)

MANU/AP/0156/2006 : 2006 (3) ALD 337

2008 (1) ALD 792

8. Pending miscellaneous petitions, if any, in this Writ Petition shall

stand closed. No costs.

____________________________ M.S.RAMACHANDRA RAO, J

_______________________ T.AMARNATH GOUD, J Date: 06-01-2021

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