HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.24505 OF 2025 ORDER : (ORAL)

This writ petition is filed by the petitioner seeking to declare the action of respondents No.4 to 6 in issuing the rejection letter vide Lr.No.006485/GHMC/3038/SLP2/2024-BP dated 15.01.2025 rejecting her building permission application dated 19.06.2024 in respect of the Plot No.110, admeasuring 944 square yards in Survey No.45 part, situated at Kavuri Hills, Guttalabegumpet Village, Serilingampally Mandal, Ranga Reddy District, without assigning any reasons, as being illegal, arbitrary and unconstitutional.

2. Heard Ms. Thakur Roopa Singh, learned counsel for the petitioner; Mr. Mohd. Habeebuddin, learned Assistant Government Pleader for Assignment, appearing for respondents No.2 and 3; Mr. G.Madhusudan Reddy, learned Standing Counsel for GHMC, appearing for respondents No.4 to 6; and perused the material on record.

3. Learned Assistant Government Pleader for Assignment, basing on the written instructions, submitted that the subject property of the petitioner forms part of the Survey No.45 of Guttalabegumpet Village.

One Ms. Sarojini Devi W/o Ramayya Chowdary filed declaration in Form-I under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘Act’) and she was determined as surplus land holder to an extent of 16,288.61 square meters in Survey No.45 of Guttalabegumpet Village vide C.C. No.F1/3018/1976 and order under Section 10(6) of the Act was passed on 10.06.2007; the possession of the said land was taken over on 08.02.2008 and vested with the State Government. Another person by name Mr. Kavuri Venkata Jagan Rao filed declaration in Form-I under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘Act’) and he was determined as surplus land holder to an extent of 15,596.72 square meters in Survey No.45/P of Guttalabegumpet Village vide C.C. No.F1/180/1982 and order under Section 10(6) of the Act was passed on 25.03.2008; the possession of the said land was taken over on 25.03.2008 and vested with the State Government. The third person by name Mr. Kavuri Radha Krishna Murthy filed declaration in Form-I under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘Act’) and he was determined as surplus land holder to an extent of 60,112.12 square meters in Survey Nos.45 and 45/P of Guttalabegumpet Village vide C.C. No.F1/3005/1976 and order under Section 10(6) of the Act was passed on 11.01.2008; the possession of the said land was taken over on

15.02.2008 and vested with the State Government.

4. Learned Assistant Government Pleader for Assignment further submitted that Guttalabegumpet Village was listed in Fathenagar Gram Panchayat and falls within the core area of the Hyderabad Urban Agglomeration and therefore, G.O.Ms. No.733 dated 31.10.1988 is not applicable to the land of the petitioner situated at Guttalabegumpet Village. The petitioner, in fact, submitted representation before the District Collector, Ranga Reddy District on the strength of sale deed bearing document No.27983 of 1990 dated 07.03.1990 and requested to issue ULC Clearance for the subject property on 03.01.2025. The matter has been got enquired into by the Deputy Inspector of Survey, ULC, Ranga Reddy District and it was revealed that the subject property was declared as surplus land and attracted under the Act as per Section 10(6) list of the Act and Sub Division Record (SDR) in C.C. Nos. F1/3018/1976, F1/180/1982 and F1/3005/1976.

5. Learned counsel for the petitioner relied on the order dated 14.07.2017 passed by this Court in W.P. No.9680 of 2006 filed by Ms. J.Sarada Govardhini who claimed ownership over the Plot No.103, admeasuring 1000 square yards in Survey No.45, situated at Guttalabegumpet Village, Serilingampally Mandal, Ranga Reddy District having purchased the same under registered sale deed dated 18.01.1990 from one Ms. Sarojini Devi. The said writ petition was allowed holding that furthe