2026 Supreme(Online)(Tel) 6467
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
A. Swaroopa – Appellant
Versus
The State of Telangana – Respondent
WP 4870/2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.4870 of 2026 DATED: 17.02.2026 Between A. Swaroopa and another …Petitioners AND The State of Telangana, Rep by Principal Secretary, Municipal Administration Urban Development, Secretariat, Hyderabad and five (5) others.
…Respondents
ORDER
This writ petition is filed seeking the following prayer:
“…to issue writ order or direction more particularly one in the nature of writ of Mandamus and declaring the action of the respondents No.3 and 4 in issuing Shortfall Letter vide Notice No. 036994/GHMC/10219/IABP /C50/2026 dated 11-02-2026 to the Building permit No.036994/GHMC/ 10219/IABP/C50/2026 dated 21- 01-2026 as being illegal arbitrary and consequently set aside the above the Shortfall Letter vide Notice No. 036994/GHMC/10219/ IABP/C50/2026 dated 11-02- 2026 issued by respondents 3 and 4 and to process the Building permission as observed in order WP.No.24451/2022 dated 26-10-2022, WP.No.30118 /2024 dated 29-10-2024 and WP.No.30123/2024 dated
29-10-2024, and W.A.No.67/2023 dated 19-01-2023, and issue work permit order in respect of Western side Portion of House No.2- 50/15/A/B, Plot No.7, in Survey Nos. 41/8 and 41/9, admeasuring 120.4 Sq mt, situated at Khanamet (V), Serilingampally (M), Under GHMC, Ranga Reddy District, T.S., and bounded by North. Plot No.6, South. 30 Wide Road, East. 30 Wide Road, West. Neighbours Land., and pass such other order or orders…”
2. Heard Smt. Thakur Roopa Singh, learned counsel appearing on behalf of the petitioners, learned Government Pleader for MAUD appearing on behalf of the respondent No.1, Sri G.Madhusudhan Reddy, learned Standing Counsel for GHMC appearing on behalf of the respondent Nos.3 and 4 and the learned Government Pleader for Revenue appearing on behalf of the respondent Nos.2, 5 and 6. With their consent, this writ petition is taken up for disposal.
3. The brief facts of the case are that the petitioners claim to be the owners, acquired by way of a registered sale deed bearing Document No. 9592/2025 dated 08.07.2025, registered at the Joint Sub-Registrar, Ranga Reddy (RO). The schedule of the property shows that the western side portion is House No. 2- 50/15/A/B, Plot No. 7, in Survey Nos. 41/8 and 41/9, admeasuring 120.4 square meters, situated at Khanamet Village, Serilingampally Mandal, under GHMC, Ranga Reddy District.
4. The petitioners intended to construct a residential building and accordingly submitted a building permit application dated 21.01.2026 to Respondent Nos. 3 and 4 for construction of a stilt floor for parking plus two upper floors. However, a shortfall letter dated 11.02.2026, was issued stating that a letter dated 06.11.2018 had been received from the District Collector, Ranga Reddy District, addressed to the Commissioner, GHMC stating that the lands in Survey Nos. 41/1 to 41/13 are Government- assigned lands and are attracted by the provisions of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 and several litigations are pending in respect of the subject lands, and a request was made not to grant any building permissions in respect of those lands. Questioning the same, the present writ petition is filed.
5. Learned counsel for the petitioner would submit that a similar issue fell for consideration before a Division Bench of this Court, in W.A. No. 67 of 2023 dated 19.01.2023. The respondents Municipality filed an intra Court appeal questioning the order dated 26.10.2022 passed in W.P. No.24451 of 2022.
The writ appeal was dismissed, and the relevant paragraph is extracted for reference:
“4. Case of the respondent before the learned Single Judge was that it had entered into a Development Agreement-cum-General Power of Attorney (GPA) with one Sri B.Raghuveera, who is the owner and possessor of land admeasuring 795.40 square yards in Plot Nos.21, 22 Part, 27 Part and 28, forming part of Survey No.41/8 & 9 of Khanamet Village in Seriling