WP/5223/2020 of Basetti Ashok Kumar Vs The State of Telangana on 9 April 2026

ORDER:

This writ petition is hled under Article 226 of Constitution of lndia seeking the following relief: '.....to issue a Wit or ord.er or direction, rnore particularlg one in the nature of Wit of Mandamu5 declaring the action of respondents No.2 to 6 herein in not issuing the OccupancA Certificate in respect of tlrc Residentiol Buildtng on Plot Nos.2 to 9 in Sg.No.169/E situoted at Chanda Nagar Village, SeilingampaLly Mandal, Ranga Reddg Distict by constdeing the online Application uide File No. 1 / C2 1 / 01 2 1 7/ 2O2O-OC dated:23.0 1.2O20, as bad, orbitrary, itlegal and unconstitutionnl and consequently direct the respondents No.2 to 6 to issue Occupancg Certifrcote to the petitioners in respect of tle Residential Building con-struction on the Ptot Nos.2 to 9 in Sy.No.169/E situated at CLLanda Nagar Village, Seilingampallg Mandal, Ranga Reddy Distr"ct uithin the limits oJ GHMC in the interest of justice and pass such other and further order or orders

2. Heard Mr.Umakanth Reddy, learned counsel representing Mr.C.Damodar Reddy, learned counsel for the petitioners and counsel for Greater Mr.G.Madhusudhan Reddy, learned Standing

Hyderabad Municipal Corporation (GHMC) appearin 1 for respondent Nos.2 to 6.

3. Brief assertion of the petitioners in the afhdavit iled in support of the writ petition is that the petitioners are the abs;r lute owners and possessors of the open plots bearing Nos.2 to 9, total a lmeasuring 2O52 sq.yards in Sy.No.169/E, situated at ChanclzL Nagar Village, Serilingampally Mandai, Ranga Reddy District witl in the timits ol GHMC having purchased the same under registerec sale deeds. It is further submitted that the peritioners have entered nto a Registered Development Agreement-cum-General Power of ,.ttorney bearing Document No.629 ol 2014 dL.t7.O2.2Ot4 wilh \4/s.Sri Krishna Cons[ructions for construction of Residential Buildinl; Complex over the said plots admeasuring 1934.77 sq.yards. In pursr ance of the said Registered Development Agreement-cum-GpA, ;etitioners have submitted application for building permission and a:;ordingly, the 2"d respondent granted building permission vide permit No.534O5/Ho /wAlCir-t2/2016 in File No.2t59i' 27 /03/2Or4/Ho dt.l2.12.2OI7 along with sanction plan for the propor; .d construction of residential building consisting Cellar, Stilt -- Upper Floors. Subsequenrly, the petitioners through their Builder ; rbmitted building commencement notice on O3.0L2O18 and complete I the construction of the building including all the amenities as per the sanctioned plan. Thereafter, when the petitioners have submitted a r application on ;l il I : i t I I

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23. O1.2O2O for issuance of Occupancy Certificate, respondent Nos.2 to 6 have issued shortfall letter dt.15.02.2O2O vide File No.1/C2 1/O1217 /2O2O-OC showing certain incomplete works yet to be completed by the petitioners.

Learned counsel for the petitioners contends that a gift deed has been executed by the petitioners in favour of the Commissioner, GHMC to an extent of 355.5 I sq.yards for road widening purpose. He further contends that after the issuance of short fall letter, though the petitioners have completed the incomplete works pointed out by the respondents, as on date, no physical inspection has been done by the respondents for issuance of Occupancy Certificate.

5. Learned Standing counsel for GHMC appearing for respondents 2 to 6 contend that the grievance of the petitioners would be looked into and physical inspection of the residential building would be carried out lorthwith by iollowing due procedure of law and if all the eligibilify criteria are met in accordance with provisions of GHMC Act and Rules made thereunder, the Occupancy Certificate will be issued.

6. In the light of the above submissions, respondent Nos.2 to 6 are directed to conduct physical inspection by following due procedure prescribed under law and on satisfying that all the requirernents are met as per the provisions of GHMC Act and Rules made thereunder, they shail issue Occupancy Certihcate within a period of four (O4) weeks n from the date of receipt of a copy of this order anci lre same shall be intimated to the petitioners.

7. Accordingly, this Writ Petition is disposed of. No order as to costs As a sequel, pending miscellaneous applicat < ns, if any, shall stand closed. SE,/ P.PONNA KRISHNA /AS:I STANT REGISTRAR //TRUE COPYII /\ To SA TKS

1. The Principal Secretary, Municipal Administratio t,l "v, becnoru oFFtcER nd Urban Development Authority Secretariat, State of Telangana at Hyderabad

2. The Commissioner, Greater Hyderabad Municipal Co poration, Tank Bund

3. The Chief City Planner, Greater Hyderabad Municipal (l )rporation Tank Bund Road, Hyderabad.

4. The City Planner, West Zone Greater Hyderabad I lunicipal Corporation Serilingampally, Hyderabad.

5. The Zonal Commissioner, West Zone Greater t yderabad Municipal Corporation Serilingampally, Hyderabad.

6. The Deputy Commissioner Circle-21 , Greater I yderabad Municipal Corporation Chanda Nagar, Hyderabad.

7. Two CC's to GP FOR MCPL ADMN AND URBAN D:VELOPMENT, High Court for the State of Telangana at Hyderabad. (OUT) B. One CC to SRI C.DAMODAR REDDY, Advocate IOPU: l

9. One CC to SRI G.MADHUSUDHAN REDDY, SC FOR GREATER HYDERABAD MUNICIPAL CORPORATTON (GHMC), ,\ jvocate tOpUCl

10. Two CD Copies Fr 'l \-

HIGH COURT DATED: 0910412026

ORDER

WP.NO.5223 0F 2020 DISPOSING OF THE W.P WITHOUT COSTS. coP<& ;i t ii8 ) ) p Af,R 2026

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