The court granted liberty to the petitioner to challenge a building permit rejection order based on land-use restrictions and acquisition cut-off dates, extending the status quo interim order to facilitate the legal challenge.

ORDER

Questioning the action of the respondents in interfering with the construction of Plot in Sy.No.79/4 to an extent of 130 sq.mts., situated at SRPT road, Jangaon under Permit No.029078/Jangaon/ 00127/IABP/2025, (subject property) petitioner filed the present writ petition with a consequential prayer to direct the respondents not to interfere with the said construction of the petitioner.

The learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of the subject property vide document No.1664 of 2023 and had obtained construction permission vide order 029078/Jangaon/00127/IABP/2025 dated 27.11.2025 from the respondent No.2 for construction of ground + one upper floor under IABP and accordingly commenced the construction work. While so, in the second week of January, 2026, the respondents have been started interfering with the construction activity on the pretext that some third parties have made complaint that the petitioner did not possess the title, which ground itself is illegal for interfering with the construction activity of the petitioner. Hence, the petitioner filed the present writ petition.

On the other hand, the learned Standing Counsel appearing for the respondents has placed a copy of the instructions of the Municipal Commissioner, Jangaon Municipality, wherein it is stated that in pursuance of Telangana Municipalities Act, 2019 under Section 174 , petitioner has applied for building permission and upon verification of records, it was observed that the proposed site is an open plot falling under Public/Semi-Public land use as per the approved Master Plan. The ownership of the said site was obtained by the applicant through a registered sale deed executed after the cut-off date i.e. after 26.08.2020. As per Government Memo No.14148/PLG-III/2020 dated 30.12.2020 any documents relating to sites acquired after the cut-off date 26.08.2020 are not eligible for consideration for grant of building permission. Hence, the statutory provisions and planning regulations, the applicant’s proposal is not eligible for approval and accordingly rejected the proposal in accordance with law.

Along with a copy of instructions, a copy of rejection of the provisional building permit order dated 27.01.2026 issued by the Commissioner, Jangaon Municipality, has been placed before this Court and the same has been served on the learned counsel for the petitioner.

After arguing at length, learned counsel for the petitioner would submit that the petitioner may be given liberty to take steps to challenge the said rejection order dated 27.01.2026 and till then interest of the petitioner may be protected by extending the interim order of status quo granted earlier by this Court.

In that view of the matter, recording the above submissions and with the consent of learned counsel on either side, this writ petition is disposed of granting liberty to the petitioner to challenge the rejection order dated 27.01.2027. Since this Court has already granted interim order of status quo on 27.01.2026, the same shall be continued for a further period of four (04) weeks from today enabling the petitioner to take appropriate steps.

Accordingly, this writ petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous applications, if any pending, shall stand closed.