Telangana High Court

WP/5794/2017 of Mr. Osman Qureshi Vs The State of Telangana. Rep by its Principal Secretary on 10 February 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO: 5794 OF 2017 Between: Mr. Osman Qureshi, S/o: Late Chand Qureshi, Age

[ 348s ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TENTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO

WRIT PETITION NO: 5794 OF 2017

Between:

Mr. Osman Qureshi, S/o: Late Chand Qureshi, Age About 48, Occ: Business, Rep by G.P.A Holder Smt. Ghousia Begum, Wo: Mr. Osman Qureshi, Age About 42, Occ: Household, H.No.5-5-182/1, Ghouspura, Darussalarn Road, Hyderabad.

...PETITIONER

AND

The State of Telangana. Rep by its Principal Secretary, Department of Municipal Administration and Urban Development, Secretarial Building, Hyderabad.

Greater Hyderabad Municipal Corporation,, Rep by its Commissioner, Tank bund, Hyderabad.

The Chief City Planner, Town Planning, Grater Hyderabad Municipal Corporation, Tank bund, Hyderabad.

The A.C.P., West Zone Crl-12, Grater Hyderabad Municipal Corporation, Tank bund Hyderabad.

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue any appropriate Writ, Order or direction, more particularly issue a Writ of Mandamus under Article 226 of lhe Constitution of lndia declaring the action of the 2nd respondent in not according building permission for construction of apartment complexes comprising of 5 Blocks, each block consisting of cellar, still and 5 upper floors, for residential purpose, on the property admeasuring 5000 Sq. yards, equlvalent to 4180 Sq. Mtrs, situated at Sy. No.78/Part, of Hafeezpet Serilingampally Mandal, Rajender nagar, R.R. Dist., as arbitrary, illegal and

--------

against the principles of natural justice apart from being violative of Articles 14, 21

and 300-4 of the Constitution of lndia.

l.A. NO: 1 OF 2017(WPMP. NO: 7070 OF 20171

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the 2nd respondenl to consider the application of the petitioner and accord permission for construction of apartment complexes comprising of 5 Blocks, each block consisting of cellar, still and 5 upper floors, for residential purpose, on the property admeasuring 5000 Sq. yards, equivalent to 4180 Sq. Mtrs, situated at Sy.

No.78/Part, of Hafeezpet Serilingampally Mandal, G.P., Rajender nagar, R.R.

District, pending disposal of the main writ petition.

Counsel for the Petitioner: SRI M. SABER SULTAN, REPRESENTING

SRI R. BALA SUBRAMANYAM

Counsel for the Respondent No.1: GP FOR MCPL ADMN-URBAN DEV

Counsel for the Respondent Nos.2 to 4: SRI c MADHUSUDHAN REDDY

(SC FOR GHMC SERILINGAMPALLY AND SECUNDERABAD ZONES AND

HEAD OFFTCE CASES)

'Ihe Court made the following: ORDER

-

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD

HON'BLE SRI IUSTICE SUDDALA CHALAPATHI RAO

WRIT PETITION NO.5794OF 2017

DATE:10.02.2026

Between:

Mr. Osman Qureshi, s/o. late Chand Qureshi, Rep.by GPA Holder, Smt. Ghousia Begun, r/ o.5-5-182/ 1, Ghouspura, Darussalam Road, Hyderabad.

. . .. Petitioner

a ncl

The State of Telangana, rcp.by its Prl.Secretarv, Dept. of Municipal Administration & Urban Development, Secretariat Building, Hyderabad and three others.

. . .. Respondenls

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ORDER:

The instant writ petition has been filed praying this Court to grant the following relief: ". . . to issue any appropriate Writ, Order or direction, more particularly, issue a Writ of Mandamus under Section 226 of the Constitution of India declaring the action of the 2"4 respondent in not according building permission for construction of apartment complexes comprising of 5 Blocks, each block consisting of cellar, stilt and 5 upper floors for residential purpose, on the property admeasuring 5000 square yards, equivalent to 4180 Sq.Mtrs situated at Sy.No.78/Part of Hafeezpet Village, Serilingampally Mandal, G.P. Rajender Nagar, Ranga rr

Reddy District, as arbitrary, illegal and against the principles of natural justice apart from being violative of Articles '14, 2-L and. 300-A of the Constitution of India and pass..."

2. Heard Mr. M.Saber Sultan, learned counsel for petitioner and Mr. G.Madhusudhan Reddy, learned Standing Counsel for GHMC for respondent Nos.2 to 4.

3. When the matter is substantially argued, it is fairly admitted by the petitioner coursel that the permission sought by the petitioner has been rejected by the 3'd respondett uide Lr.No.B/40/TI5/ GHMC/2017, dated 28.01,.2017, wherein it was stated that the permission for construction of Multi-storied building on the property admeasuring 5000 square yards, in Sy.No.78/Part situated at Hafeezpet village, Serilingampally Mandal, Ranga Reddy District, has been examined by the Office of respondent-GHMC and found that the site in question is a Covernment land as per the 'Maa Bhoomi' Portal and the petitioner has no prima facie title over the subject land. Admittedly, the subject land in question is shown as Government land in the revenue records. However, petitioner contends that way-back in the year 2017, the then principal secretary to Government, oide Memo No.28908/JAl/2004-1 dated 05.11.2004, - permitted the District Collector, Ranga Reddy District to effect the mutation in Land Records in respect of the lands in Sy.Nos.145, 163, and 1,72 of Hydernagar and in Sy.Nos. 77,78,79 and 80 of Hafeezpet Village of Balanagar and Serilingampally Mandal, respectively of Ranga Reddy District, as recommended by the Special Chief Secretary & Chief Commissioner of Land Administration, subject to following the provisions of the Urban Land (Ceiling & Regulation) Act,1976, A.P.Agricultural Ceiling Act,1973, and AP ROR Act, 1989.

4. In that view of the matter, in terms of the Government Memo dated 05.11.2004, once the land in question is reflected as the ! Government land ln the 'Maa Bhoorni' Portal, the 2"d and 3d respondents cannot rectify the same. Therefore, it would be appropriate to challenge the non-implementation of the relevant Government Orders for change of mutation of land from Government lanrl to private land by f iling separate proceedings before the competent Court.

5. ln view of the sarne, the Writ Petition is devoid of merits and is accordingly dismissed. However, Iiberty 1S granted to the writ petitioner to avail appropriate remedies before the competent - i To, TJ authorityorCourtSeekingforrectificationofrecords,iftheyintend to do so. There shall be no order as to costs' Pending miscellaneous petitions if any shall stand closed' SD/. P. PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. One CC to Sri R. Bala Subramanyam, Advocate [OPUC]

2. Two CCs to GP for Municipal Administration and Urban Development, High Court for the State of Telangana, at Hyderabad [OUT]

3. One CC to Sri G. Madhusudhan Reddy (SC for GHMC SERILINGAMPALLY AND SECUNDERABAD ZONES AND HEAD OFFICE CASES) [OPUC]

4. Two CD Copies \_v

HIGH COURT DATED:1010212026

ORDER

WP.No.5794 of 2017 () ( i, . ) 'i:-(t DISMISSING THE WRIT PETITION WITHOUT COSTS t 0" \g f L.: ,1 8 FIB t-' ?flrf, :. * n\ \2

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