Municipal authorities are mandated to consider representations against building permits by conducting on-spot inspections and providing a fair hearing to all parties before passing orders in accordance with the GHMC Act and TS-BPASS Act.

ORDER:

Heard learned counsel for the petitioner, Sri. G. Madhusudhan Reddy, learned standing counsel for Municipality appearing for respondent Nos.2 to 5. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has being filed seeking the following prayer:-

“to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents no.2 to 4 in not cancelling the building permit granted in favour of Respondent no.6 vide permit No.5366/GHMC/SEC/2025-BP dt 26.06.2025 in File No.008383/GHMC/3903/SEC1/2024-BP in respect of property in survey No.210 [correlating to TS No.15] Brahamwadi Begumpet, Hyderabad for an area admeasuring 6456.9 Sq.mtrs granted for construction of 2 cellars + 2 Stilts + 12 floors inspite of bringing to their knowledge about the material misrepresentation and title dispute in respect of the said property between the petitioner his family members the executor of the will late Laxmikanth N Deshpande S/o Late Narsing Rao Deshpande as illegal arbitrary capricious and in violation of the principles of natural justice and consequently direct the Respondent nos.2 to 4 to reject the building permission vide permit No. 5366/GHMC/SEC/2025-BP dt.26.06.2025 in File No.008383/GHMC/3903/SEC1/ 2024-BP...”

3. Brief facts as stated in the present writ petition are that the petitioner and his brother are the grandsons of Late Sri Govind Rao Deshpande, claim a half share in the suit schedule property bearing Municipal Nos.1-10-326 to 329, admeasuring a total extent of 8748 Sq.yards (out of which 7919 Sq.yards constitutes the subject property), situated in Sy.No.210 corresponding to TS.No.15, at Brahmana Wadi, Begumpet, Secunderabad, originally owned by their great grandmother Smt. Tulsa Bai Deshpande. The said property was bequeathed in equal shares to one Govind Rao Deshpande and his brother Sri Narsing Rao Deshpande, under a Will dated 11.10.1982. Despite repeated demands, no partition has been effected. Taking advantage of the same, the heirs of Sri Narsing Rao Deshpande, along with others, allegedly executed various sale deeds and agreements in favour of third parties without effecting a prior partition. The petitioner contends that such transactions are illegal and not binding on their share. learned counsel for the petitioner would further submit that a partition suit vide O.S.No.40 of 2025 is pending. In the meanwhile, building permission was granted by GHMC based on alleged misrepresentation. Although the petitioner challenged the same, no action has been taken. Aggrieved thereby, the petitioner has filed the present writ petition.

4. Though various grounds are raised in the writ petition, learned counsel for the petitioner restricts his prayer seeking a direction to the respondent No.8 to dispose the petitioner’s representation vide G-Mail dated 07.06.2025, in a time bound period.

5. Learned standing counsel for GHMC appearing for respondent Nos.2 to 5 submits that if the petitioner’s complaint vide G-Mail dated 07.06.2025 is still pending for consideration, the respondent authorities would consider the same and pass appropriate orders in accordance with law.

6. In the case on hand, it is pertinent to refer to Section 7(6) of the Telangana State Building Permission Approval and Self Certification System (TS-BPASS) Act, 2020 (for short ‘the TS-BPASS Act’), the same are extracted hereunder:-

“7. Approval of Building Permissions-

(6) Citizens shall be encouraged to bring to the notice of Municipality and District Collector cases where unaut