IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.7411 of 2026 DATE OF ORDER: 12.03.2026 Between:

Sri. A Ramesh Babu.

…Petitioner AND The State of Telangana, Municipal Administration and Urban Development Department and five others.

…Respondents

ORDER:

This writ petition is filed seeking the following prayer:-

“to declare the permit No.0171/BP/3128/2025 Dt 06.08.2025 issued by the then Manikonda Municipality/Municipal Corporation, whereby granting permission to the unofficial respondent to make construction of 1 Stilt + 4 Upper Floor in respect of property in Sy No.119 to 123, Plot No.48, Neknampur Village, Gandipet Mandal, Ranga Reddy District, during the pendency of the civil proceedings as illegal, arbitrary, unconstitutional and violation of principles of natural justice and consequently set-aside the permit No.0171/BP/3128/2025 Dt 06.08.2025 issued by the then Manikonda Municipality/ Municipal Corporation while directing the official respondents to restrain the unofficial respondent from making construction in respect of the above mentioned property.”

2. Brief facts as stated in this writ petition are that the petitioner claims to be the owner and possessor of Plot No.48, Block No.E, Sector No.1, admeasuring to the extent of 500 Sq.yards, in Sy No.119/8 to 123, situated at Alkapur township, Neknampur Village, formerly Manikonda Municipality and now within Cyberabad Municipal corporation limits, having acquired the same through registered sale deed bearing document No.15664 of 2021 dated 25.11.2021 (herein after referred as subject property). It is submitted that the predecessor’s of respondent No.6 created litigation over the petitioner’s property and filed O.S.No.143 of 2020, pending on the file of the Court of XI Additional District and Sessions Judge, Ranga Reddy District (herein after referred as ‘the trial Court’), wherein dispute pertains to ownership and rights over the subject property and seeking declaration of the title over the subject property.

3. The case of the petitioner is that during the pendency of the O.S.No.143 of 2020, the respondent No.6 by suppressing the facts had approached the Municipal authorities and vide application bearing No.001217/BP/DTCP/3128/0020/2024 dated 07.02.2024, applied for permission for construction of Stilt + 4 upper floor on the subject property. Thereafter, the Commissioner, Manikonda Municipality/Municipal Corporation, vide Approval for Building Construction bearing Permit No.0171/BP/3128/2025 dated 06.08.2025, accorded permission for construction of Stilt + 4 upper floor on the subject property. Thereafter, the petitioner on 16.02.2026 filed a statutory appeal/representation requesting the respondent No.4 to recall and stay the impugned building permission dated 06.08.2025 and further requested to stop the construction being made on the subject property. However, till date not action is initiated. Aggrieved by the same, this writ petition is filed.

4. Learned counsel for the petitioner submits that under Rule 174 and 176 of the Telangana Municipalities Act, 2019 building permission can be granted only after thorough scrutiny, verification of ownership and statutory compliance. However, in the present case the respondent authorities without verifying the fact that there is a title dispute on the subject property and without hearing to the petitioner had issued impugned order dated 06.08.2025. In support of his contentions, learned counsel for the petitioner relied upon the orders passed in T.Rameshwar V. Commissioner, Municipal Corporation of Hyderabad and others, 2006 (3) ALD 337 relevant portion is extracted hereunder:-

“10. Therefore, the law as interpreted by this Court with reference to HMC Act and the Act, which requires the Commissioner to consider the objections, as and when they are raised, for grant of permission on the ground of title in a pragmatic manner taking into consideration only prima facie fact