WP/40587/2025 of S. Padmavathi Vs State of Telangana on 31 December 2025

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

WRIT PETITION NO:40587 OF 2025

Between:

S. Padmavathi, W/o Kiran Kumar Reddy, aged about 37 Years, Occ Housewife, Fyo. 3/14, Atchavelli, Cuddapah, Andhra Pradesh - 516 421

...PETITIONER

AND

State of Telangana, Rept. by it's Principal Secretary, MA and UD Dept, Secretariat, Hyderabad Greater Hyderabad It4unicipal Corporation, ,Tank Bund, Hyderabad represented by it's Commissioner The Deputy Commissioner, Circle - 26, Gajularamaram, Kukatpally Zone, Medchal-Malkajgiri District

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the aff idavit filed therewith, the High Court may be pleased to issue.a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of 3rd Respondent in issuing impugned 'Shortfall Letter' bearing Notice No. 031038/GHtMClOT233llABPl C2612O25 dated 16.12.2025 in a mechanical manner directing the Petitioner to obtain NOC from lrrigation Depqrtment as being illegal, arbitrary and u nconstitutional and consequently set aside same.

lA NO: 1 OF 2025

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 pleased

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to suspend the impugned 'Shortfall Letter' b€ rring 031 038/GHMC lO7 23311 ABP lC26l2O25 dated 1 6.1 2.2025.

Notice No

Counsel for the Petitioner:SRl. LOKIREV PREETHAM REt) )Y

Counsel forthe Respondents No 1: GP FOR MCPL ADMN ,RBAN DEV

Counsel forthe Respondents No 2 & 3:SRl K.RAVI MAHET DER SC FOR GHMC

The Court made the following: ORDER

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I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY

WRIT PETITION No.40 587 0F 2025

DATE:3 1-12-2025

Between:

S. Padmavathi

.... Petitioner

AND

State of Telangana,

Rep. by its PrinciPal Secretary'

MA & UD DePt.,

Secretariat, HYderabad,

and two others-

... Respondents

oRDER: (ORAL)

Heard Mr. L. Preetham Reddy' learned counsel for the petitioner, and Mr. K. Ravi Mahender' learned Standing Counsel for GHMC, appearing for respondent Nos'2 and 3' and perused the material available on record'

2. The petitioner is the owner of Plot No'333 covering an extent of 't 11.46 square meters in Survey Nos'20' 32' 33' 65' 67' 68 and 69

situated at Suraram, Gajularamaram Circle 26' Kukatpally Zone'

Quthbullapur Mandal, Medchal - Malkajgiri District' She obtained provisional building permission through instant approval vide No.031 038/GH MC/07233/|AB P t C26 t2025 daled 06'1 2'2025' During a I

post verification of title, it appears the site of flr I petitioner was inspected by the GHMC and shortfall letter was i; ;ued yrde notice No.031 038/G H MC I 07 233t I ABp t C26\2O2S dated 1 6 I Z.2O2S, which is impugned in this writ petition. ln the shortfall letter, it s stated that the proposed site falls in Open Space Zone (Green : :lt project), and hence, the land use and NOC from lrrigation Departrr ent is required.

3. Learned counsel for the petitioner sut nitted that the Developer of the property, Mr. S. Naveen Kumar Fi :ddy, applied for NOC from the lrrigation Department. Enquiry was conducted and report was submitted by the Tahsildar, euthbullap'l . Mandal, to the Revenue Divisional Officer, Malkajgiri Division, yrde letter No.

816412021 dated 27 .04.2022, whereby it is clarified t I rt the land of the Developer to an extent of Acs.6-00 gts in Survey N: ;.20, 32, 33, 65, 67, 68 and 69 is adjacent to pedda Cheruvu; that an rxtent of Acs.O.l_

09 guntas is affected under FTL and Acs.01_31 grntas is affected under buffer zone of Pedda cheruvu; and that th. barance area is Acs.03-00 guntas.

4. According to the learned counsel for th: petitioner, plot No.333 purchased by the petitioner forms part of I cs.3_00 guntas, which is outside FTL and buffer zone as per tr I report of the Tahsildar, and hence, the petitioner may be given lit )rty to approach respondent No.3 for re-consideration of her bu I ling permission a \

application without reference to the impugned shortfall letter dated 16_12.2025

5. Learned Standing Counsel for GHMC submitted that the petitioner is always at liberty to clarify the shortfall objections.

6. ln the light of the above submissions, taking note of the letter No. 816412021 dated 27.04.2022 of the Tahsildar, the writ petition is disposed of directing respondent No.3 to re-consider the building permission application of the petitioner and verify as to whether the site claimed by the petitioner falls outside the FTL and buffer zone of Pedda Cheruvu. This exercise shall be completed within a period of twenty-one (21) days from the date of receipt of a copy of this order No order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in ihlq Wlllgetilgr! stand clssed, SD/- A.SREENIVASA REDDY

AS

STANT REGISTRAR

//TRUE COPY//

S

TION OFFICER

1 . The Principal Secretary, State of Telangana, MA and UD Dept, Secretariat, Hyderabad

2. Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad represented by it's Commissioner.

3. The Deputy Commissioner, Circle - 26, Gajularamaram, Kukatpally Zone, Medchal-Malkajgiri District

4. One CC to SRl. LOKIREV PREETHAM REDDY, Advocate [OPUC]

5. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana at Hyderabad . [OUT]

6. OnC CC tO SRI K.RAVI MAHENDER, SC FOR GHMC, [OPUC]

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To,

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7. Two CD Copies

'*f&.

HIGH COURT

DATED:31 11212025