HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.12701 of 2025

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the respondent No.3 in rejecting the application No.HS2400004519 dated 30.10.2024 for conversion of the agricultural land admeasuring 2240.50 Square Yards comprising of 882 Square Yards in Plot No.26; 984.50 Square yards in Plot No.16; 170 Square yards in Plot No.15 and 204 Square yards in Plot No.25 in Survey No.159 situated at Narsingi, Gandipet Mandal, Ranga Reddy for nonagricultural purpose under the provisions of the Act No 19 of 2020 as illegal and arbitrary and contrary to the provisions of the Act No 19 of 2020 and in violation of the Article 14 and 300 A of Constitution of India and consequently direct the respondent No.3 to issue proceedings for conversion or the land in respect of land admeasuring 2240.50 Square Yards comprising of 882 Square Yards in Plot No.26; 984.50 Square yards in Plot No.16; 170 Square yards in Plot No.15 and 204 Square yards in Plot No.25 in Survey No.159 situated at Narsingi, Gandipet Mandal, Ranga Reddy for nonagricultural purpose under the provisions of the Act No 19 of 2020.…”

2. Considered the submissions of Sri Malipeddi Srinivas Reddy, learned counsel for the petitioner; Sri L. Ravinder, learned Assistant Government Pleader for Revenue and with their consent this writ petition is disposed of at the admission stage.

3. It is stated that the petitioners are the owners and possessors land admeasuring 2240.50 Square Yards comprising of 882 Square Yards in Plot No.26; 984.50 Square yards in Plot No.16; 170 Square yards in Plot No.15 and 204 Square yards in Plot No.25 in Survey No.159 situated at Narsingi, Gandipet Mandal, Ranga Reddy, having purchased the same through registered sale deed bearing document No.10154 of 2019 dated 04.09.2019 from its lawful owners. It is further stated that the petitioners have obtained building permission vide No.BA.No.08/2021-22, dated 30.04.2021 and constructed building strictly in accordance with the sanctioned plan. It is further stated that under the Revised Building Rules, the petitioners are required to mortgage 10% of the proposed total built up area in favour of the Hyderabad Metropolitan Development Authority (HMDA) with an undertaking that they would construct in accordance with the sanctioned plan, and executed simple mortgage deed vide document No.957 of 2021 dated 11.01.2021, and further, the Hyderabad Metropolitan Development Authority (HMDA) obtained additional Mortgage Deed in respect of NALA Act, 2006 vide document No.958 of 2021 dated 11.01.2021 by mortgaging an additional 5% in the proposed total built up area. It is further stated that the additional mortgage deed is valid till the HMDA issues Occupancy Certificate and thereafter, the mortgage deed executed by the petitioner automatically becomes invalid for enforcement. It is further case of the petitioners that after issuance of the Occupancy Certificate dated 23.03.2024, they have submitted application to the authorities to release 10% of the total built up area under Mortgage Deed and 5% of the total built up area under Additional Mortgage Deed, whereas the additional 5% of the total area was not released stating that they have to obtain No Objection Certificate (NOC) under the NALA Act, 2006 as a conditional precedent for release of mortgage deed. It is stated in the said circumstances, the petitioners submitted an application No.HS2400004519, dated 30.10.2024 for issuance of the proceedings to enable the petitioners to obtain the release deed from the HMDA, but till date no action has been taken by the respondents.

4. Learned counsel for the petitioner vehemently contended that the respondents having verified that the nature and classification of the lands granted building permission and they