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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Shaik Khaisar Mahboob – Appellant
Versus
Greater Hyderabad Municipal Corporation – Respondent
JUDGMENT :
LAXMI NARAYANA ALISHETTY, J.
This Appeal is filed aggrieved by the judgment dated 21.11.2024, passed by the Chief Judge, City Small Causes Court at Hyderabad, in MA.No.56 of 2024, whereby the original speaking order vide Lr.No.645/2/A/TPS/W11/C12/KZ/GHMC/2024-1, dated 23.03.2024, passed by respondent No.2-Deputy Commissioner, Circle No.12, Khairatabad, Hyderabad, revoking the building permission granted to the appellant, was confirmed.
2. In nut-shell the facts of the case, as putforth by the appellant, are that he is the owner and possessor of the building bearing Door No.11-4- 645/2/A, situated at A.C. Guards, Asifnagar, Hyderabad (hereinafter referred to as ‘the subject property’); that originally, the land in Sy.No.162 belongs to one Zohara Begum and she gifted a piece of land admeasuring 500 sq. yards to Shaik Khaja, who is the grandfather of the appellant herein, through a registered gift deed dated 5 Aban 1345 Fasli; that a shop was existing in the said Survey Number; that appellant's grandfather i.e., Shaik Khaja has gifted 500 sq. yards of land along with the shop constructed in an extent of 25 sq yards, vide H.No.11-4-645/2 to Shaik Mahboob, who is father of the a
Building permission must be obtained with full disclosure of all relevant facts, including pending litigation; failure to do so constitutes misrepresentation under Section 450 of the GHMC Act.
Building permits obtained through misrepresentation can be revoked by the Commissioner, emphasizing the necessity for truthful declarations in property disputes.
Point of law: There is a presumption that public officials would discharge their duties honestly and in accordance with law. Even administrative power to be exercised to fulfill real purpose and not ....
Material misrepresentation in obtaining a building permit justifies cancellation under Section 450 of the GHMC Act.
The main legal point established in the judgment is that disputes involving property title are within the jurisdiction of civil courts, and seeking remedies under civil law is the proper course of ac....
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