Telangana High Court
Sri Katpalli Suresh Reddy vs The State Of Telangana on 6 January, 2025
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.35792 of 2024
ORDER:
Heard learned counsel for the petitioners, learned
Assistant Government Pleader for Municipal
Administration and Urban Development appearing for
respondent No.1 and Sri Midde Arun Kumar, learned
Standing Counsel appearing for respondent Nos.2 to 4.
2. Petitioner No.1 is claiming that he is the absolute
owner and possessor of land admeasuring 500 Sq.yds in
Sy.No.129/84 situated at Sivar Sheikpet Village,
Hyderabad, on the strength of a registered sale deed
bearing document No.2279 of 1981, dated 06.11.1981.
Likewise, petitioner No.2 is claiming that he is the
absolute owner and possessor of land admeasuring 1091
Sq.yds in the very same survey number vide sale deed
bearing document No.2278 of 1981 dated 04.11.1981.
Petitioner No.2 has sold 600 Sq.yds out of 1091 Sq.yds to
Sri T.S.N.Swamy. Left over land is only 491 Sq.yds.
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3. They have submitted an application to respondent
Nos.2 to 4 vide Receipt No.TG/23108/2024 and Challan
No.TG/23108/2024, dated 20.08.2024 by paying an
amount of Rs.10,000/- seeking building permission.
Despite receiving and acknowledging the said application,
respondent Nos.2 to 4 did not act upon the same.
Aggrieved by the said inaction of respondent Nos.2 to 4,
petitioners filed the present writ petition.
4. Perusal of the record would reveal that petitioner
No.1 has filed a suit vide O.S.No.149 of 1998 against the
District Collector and Tahsildar seeking declaration of
title and the same was dismissed. Feeling aggrieved by
the said judgment and decree, petitioner No.1 preferred
an appeal vide C.C.C.A.No.205 of 2022. The same was
allowed by this Court on 24.02.2023. According to the
learned counsel for the petitioners, the said judgment
and decree in C.C.C.A.No.205 of 2022 dated 24.02.2023
attained finality since no Special Leave Petition was filed.
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5. Likewise, petitioner No.2 filed a suit vide O.S.No.208
of 1989 against the District Collector and Tahsildar
seeking declaration of title and the same was decreed on
30.06.2001 itself. They have not preferred an appeal.
Therefore, the said judgment and decree attained finality.
6. Referring to the same, learned counsel for the
petitioners would submit that though respondent Nos.2
to 4 received application, dated 20.08.2024 submitted by
the petitioners, they are not considering the said
application and granting building permission to the
petitioners.
7. Whereas, Sri Midde Arun Kumar, learned Standing
Counsel appearing for respondent Nos.2 to 4 has
produced written instructions of Chief City Planner,
GHMC stating that on receipt of the said application of
the petitioners, in view of aforesaid litigation, respondent
No.2 requested District Collector, Hyderabad, to submit
report. District Collector, Hyderabad, has submitted
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report, dated 08.11.2024. However, the said report and
the application of the petitioners will be considered and
also the Government orders vide Memo
No.52887/Assn/111/1/1998-3 dated 09.01.2001. The
said written instructions along with report, dated
08.11.2024, letter addressed by surveyor, dated
18.11.2024 and T.S.No.6 of the TSLR are placed on
record.
8. Section 7 of the TS-bPASS Act, 2020 (for short 'the
Act, 2020') deals with the approval of the building
permission. Therefore, petitioners have to submit
application in terms of Section 7 of the Act, 2020 along
with all relevant documents by way of self declaration
and self certification. If the authorities are satisfied with
regard to the prima facie title and possession of the
petitioners, they have to grant building permission to the
petitioners herein. Thereafter, they can conduct post
verification of the documents submitted by the
petitioners and also inspect the site. However, in terms of
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Rule 12 (vii) of TS-bPASS Rules, 2020, they have to
complete the said exercise within a period of twenty one
(21) days. Instead of completing the said exercise within
21 days, respondent Nos.2 to 4 kept the aforesaid
application submitted by the petitioners pending since
20.08.2024.
9. In the light of the said discussion, this Writ Petition
is disposed of directing respondent No.2 to consider the
application, dated 20.08.2024 submitted by the
petitioners vide Receipt No.TG/23108/2024 and Challan
No.TG/23108/2024 seeking issuance of building
permission order strictly in accordance with the
procedure laid down under the TS-bPASS Act, 2020 and
TS-bPASS Rules, 2020. Respondent No.2 shall also
consider the report, dated 08.11.2024 of the District
Collector; Memo, dated 09.01.2001; report, dated
18.11.2024 of the Surveyor, Office of SDC., L.A, GHMC
and TSLR. If respondent No.2 is not inclined to accept the
request made by the petitioners, he shall assign specific
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reasons, pass a reasoned order and communicate copy to
the petitioners. He shall complete the said exercise within
a period of four (4) weeks from the date of receipt of a
copy of this order. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending
in the Writ Petition shall stand closed.
__________________
K. LAKSHMAN, J
January 06, 2024
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HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.35792 of 2024
January 06, 2024
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