WP/35493/2025 of Tajammal Hussain Vs The State of Telangana on 31 December 2025

ORDER

The writ petition is filed seeking a Writ of Mandamus to declare the action of the respondents in rejecting the building permission application of the petitioner through Rejection Letter in File No. 003 1 O 4 / GHMC/ 0 1684 / SW Bp / KHB2 1202 5 dated 04.o9.2025 on the basis of a purported Urban Land Ceiling case in CC.No.F2l689/L982 as illegal, arbitrary, without jurisdiction, violative of the principles of natural justice and Articles 14, 2l and 3004 of the Constitution of India and contrary to the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the ULC Act') as well as the Urban Land (Ceiling and Regulation) Repeal Act, 1999. \

2. Heard Mr. Uzair Ahmed Khan, learned cor nsel for the petitioner and 1"1r. M. Arun Kumar, learned standing c tunsel for the respondents No.2 and 3.

3. It is borne out from the record that Mrs. t; rriyya Begum purchased the property admeasuring 800 sq. yarrl: bearing Plot Nos.81, 82,87 and 88, Sy.Nos.108/P and lO9/P (set ject property) in the layout approved by HUDA vide reference Nr. 1653/P1lH/89 under registered sale deed bearing Document No.974 of 1993 dated 30.04.1993 from the previous owner. Mrs. Z3 teera Begum, W/o. Mohd. Musulla m -Bin-Sala m. The contents of he sale deed dated 30.04.1993 reveal that the vendor viz. Mrs. ;: rheera Begum obtained permission for sale of the property from th(, ipecial Officer and Competent Authority vide proceedinQs No.E/4.t i/26193 dated 2.9.04.1993. The petitioner has entered into z Development Agreement-cum-Irrevocable General Power of i,ttorney vide registered document bearing No.3615/2023 datz I 22.05.2023 executed by l,4rs. Suriyya Begum, W/o. Late Ahmed / bdul Muqtadir and others who are consenting parties.

4. Mrs. Zaheera Begum purchased the proper:. from ApSFC under registered sale deed bearing Document Nc. ]115 of 1990 dated 21.08.199O, which reveals that Mortgage Deed bearing Document No.1643 of 1966 dated 01.07.1966 w:; executed in .

favour of APSFC by M/s. Orgorama India Private Limited. As the mortgager committed default in payment of dues, APSFC exercised its right under Section 29 of the APSFC Act, 1951 and notified the subject property for auction sale and Mrs. Zaheera Begum purchased the property in the auction conducted by APSFC pursuant to paper notification dated 01.12.1987.

5. The sale deed bearing document No.3115 of 1990 further shows that the mortgage deed bearing Document No.1643/66 dated 01.07.1966 was executed prior to enforcement of the ULC Act (17.02.1976). Further, it is stated that APSFC being a Corporation established under the Central Act No.LXIII of 1951, the provisions of the ULC Act are not applicable.

Thus, the objection of the GHMC vide rejection letter dated

04. O9.2025 that the property of the petitioner is covered by surplus land in CC. No. E2/294/1982 cannot be sustained. It is not the case of respondent - GHMC that Mrs. Suriyya Begum or her vendors are declared surplus holders in the aforesaid proceedings. The order(s), if any passed under the ULC Act, against third party, cannot bind Mrs. Suriyya Begum. Mrs. Suriyya Begum has prima facie title to the subject property and it does not attract the provisions of the ULC Act, as discussed above. (

7. Learned standing counsel for GHMC submiti ( d that in the recent delimitation of wards of GHMC and rearranqe r rent of zones, the property of the petitioner is now falling in the linr .s of Golconda Zone.

8. In view of the above, the respondent I o.3 - Zonal Commissioner, Kha irta bad/concerned officer of Go < onda Zone is directed to consider the application of the peli ioner in File No.0006 19/GH MCl00489/KH B2/ 2025 daled L4.O5.2o I 5 for building construction in an extent of 668.77 sq. meters in Fl, t Nos.81, 82. 87 and 88, Sy.Nos.108 and 109, Hakeempet \/i I rge, Shaikpet l,1andal, Hyderabad, without reference to the Rejecti ) r Letter in File No.003104/GHl'lc/o1684/SWBP/KHB2/2O25 dated ( . .09.2025 and without taking objection with regard to ULC proceec ngs and pass orders, in accordance with law, within a period of t,r:nty one (21) fiom the date of receipt of a copy of this order. The writ petition is disposed of. The miscella-r lous petitions pending, iF any, shall stand closed. There shall be r o order as to costs. To, //TRUE COPY// Sd/-A.11 S. GOWRI SHANKAR AS; iISTANT REGISTRAR . -1-t (- SECTION OFFICER at, Lower Tank Bund coration, CC Complex Zone, Hyderabad. Urban Land Ceiling, ll

1. The Prl Secretary, Municipal Administration, Secret;t Road, Hyderabad, State of Telangana.

2. The Commissioner, Greater Hyderabad Municioal C,r Tank Bund Road. Lower Tank Bund Hyderabad - 500,)

3. The Office of Zonal Commissioner, GHMC, Khairtabarl

4. The District Collector, Hyderabad.

5. The District Special Officer, Competent Authorit', Chandra Vihar Building, Nampally, Hyderabad.

6. One CC to SRI UZAIR AHMED KHAN, Advocate [OPIJ

w \

7. One CC to SRI M ARUN KUMAR, SC FOR GHMC [OPUC]

8. Two CCs to GP FOR MCPL 4DMN URBAN DEV, High Court for the State of Telangana at Hyderabad [OUTI

9. Two ccs to GP FoR ASSTGNMENT, High court for the state of rerangana at Hyderabad [OUT]

10. Two CD Copies BSR PMK o

/ I CC TODAY L HIGH COURT DATED: 3111212025

ORDER

WP.No.35493 ot 2025 DISPOSING OF THE WRIT PETITTON WITHOUT COSTS 0I ,l fil 1! * s* O) t.ArV * \ s-+ \- c H 6,o .t I { ,9,,1,0 bL