IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO.20643 OF 2015 DATE: 25.02.2026 Between:

G.Naresh Reddy, S/o. Ramakrishna Reddy, r/o.H.No.8-7-171/14, Plot No.37, Mythrivanam Colony, Old Bowenpally, Secunderabad.

…. Petitioner and The Greater Warangal Municipal Corporation, rep.by its Commissioner, Warangal, Warangal Dist.

…. Respondent

ORDER:

The instant writ petition has been filed declaring the action of the respondent-Corporation in issuing the impugned refusal of building permission vide Memo bearing Roc.No.G1/17578/2015, dated 08.06.2015, as arbitrary, illegal and unconstitutional and violative of Articles 14 and 300-A of the Constitution of India and consequently, direct the respondent to grant building sanction permission by setting aside the impugned memo.

2. The brief facts of the case are that petitioner is the absolute owner and possessor of land admeasuring 1056 square yards in Sy.No.1066 situated at Balasamudram, Hanamkonda Village, Warangal District. The petitioner has purchased the said land vide registered sale deed bearing document No.1109/2015 dated 05.02.2015 from his vendor Mr. D.Siddaiah, who in turn purchased the said land from the respondent-Corporation vide registered Document No.37/1965 after paying the substantial sale consideration to the respondent-Corporation. Initially, the original plot which was allotted to Mr. D.Siddaiah on payment of consideration by the Corporation was found to be allotted to another person, the respondent-Corporation has executed a Ratification Deed No.206/1966 dated 18.01.1966 allotting the subject land in lieu of the receipt of earlier consideration paid by Mr. D.Siddaiah. Apparently, the respondent-Corporation itself has conveyed the said plot by executing the document in favour of Mr. D.Siddaiah and subsequently, the petitioner has purchased the said land vide the registered sale deed duly executed and registered by Mr. D.Siddaiah. 3. In the above said factual matrix, initially the respondent- Corporation made a layout at Balasamudram, Hanamkonda village, Warangal District in the year 1963, and sold out various plots in the said layout to prospective buyers upon receiving sale consideration. One such plot is purchased by the vendor of the petitioner herein, and further, at the time of allotment itself, due to inadvertence, the said plot originally allotted to the allottee - Sri D.Siddaiah i.e., vendor of the petitioner was already allotted to some other person, as such, the open space in the very same layout was allotted in place of earlier plot and the respondent-Corporation executed a Ratification Deed in the year 1966 to that extent duly transferring the said open space to the vendor of the petitioner.

4. Further, the petitioner so as to develop the said property filed an application dated 04.04.2015 seeking permission for construction of compound wall and RCC shed and the respondent-Corporation has rejected the said application vide Refusal Memo bearing No.GA/ 17578/2015, dated 08.06.2015 stating that in view of G.O.Ms.No.72, Municipal Administration & Urban Development Department, dated 20.02.2002, the open spaces in the layouts cannot be transferred by the Municipal authorities and, therefore, the building sanction was refused as the petitioner cannot seek permission in the open space of the layout and assailing the same, the instant writ petition is filed.

5. Heard Mr. Avinash Desai, learned Senior Counsel representing Mr. Kopal Sharraf, learned counsel for petitioner and Mr. Pasham Mohith, learned Standing Counsel for Warangal Municipal Corporation for respondent, and having given earnest consideration to their submissions, perused the material on record.

6. Learned Senior Counsel Mr. Avinash Desai for petitioner submitted that the said allotment of open space was granted way- back in the year 1965 to one Mr. D.Siddaiah vide registered sale deed document No.37/1965 and Ratification Deed document No.20