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2026 Supreme(Online)(Tel) 9606
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. Shravan Kumar, J
Devineni Niranjan – Appellant
Versus
The State of Telangana – Respondent
WRIT PETITION No.6379 of 2026
For the Appellants/Petitioners: Thakur Roopa Singh
For the Respondents: Government Pleader for MAUD, G.Madhusudhan Reddy, Government Pleader for Revenue
Municipal authorities must grant building permissions based on prima facie title and possession; the State cannot block such permissions based on claims of assigned land without establishing its claim through legal proceedings.
Headnote:The petitioner sought a writ of Mandamus to set aside a shortfall letter issued by municipal authorities which refused building permission on the grounds that the land was government-assigned under the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977. The petitioner contended that they held registered title and possession of the property and that previous court rulings established that municipal authorities should not insist on No Objection Certificates (NOC) from revenue departments. The primary issue was whether municipal authorities can refuse building permission based on a revenue department's claim of assigned land without a formal adjudication of title. The court reasoned that municipal authorities are only required to ascertain prima facie title and lawful possession, and that the State cannot exercise a veto over building permissions unless it establishes its claim to the property through legal remedies. The Shortfall Notice No. 036995/GHMC/10220/IABP/C50/2026 dated 11.02.2026 is hereby set aside.
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. 036995/GHMC/10220/IABP /C50/2026 dated 11-02-2026 to the Building permit No.036995/GHMC/10220/IABP/C50/2026 dated 21-01-2026 as being illegal arbitrary and consequently set aside the above the Shortfall Letter vide Notice No. 036995/GHMC/10220/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.30118/2024 dated 29-10-2024, 4870/2026, dated 17.02.2026 and W.A.No.67/2023 dated 19-01-2023, and issue work permit order in respect of Eastern side Portion of House No.2-50/15/A, Plot No.7, in Survey Nos. 41/8 and 41/9, admeasuring 125.4 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…”
Heard Smt. Thakur Roopa Singh, learned counsel appearing on behalf of the petitioner, 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.
The brief facts of the case are that the petitioner claim to be the owner, acquired by way of a registered sale deed bearing Document No.16433/2025 dated 04.11.2025, registered at the Joint Sub-Registrar, Ranga Reddy (RO). The schedule of the property shows that the Eastern side portion is House No.2-50/15/A, Plot No.7, in Survey Nos.41/8 and 41/9, admeasuring 125.4 square meters, situated at Khanamet Village, Serilingampally Mandal, under GHMC, Ranga Reddy District.
The petitioner 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.
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 Serilingampally Mandal of Ranga Reddy District (briefly referred to hereinafter as ‘subject land’). Respondent thereafter made an application before the appellants through the owner for grant of building permission. Instead of granting building permission, appellants issued the impugned letter stating that the subject land is recorded as government assigne
