2026 Supreme(Online)(Tel) 14562
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.10559 of 2026
DATE OF ORDER: 08.04.2026
Between:
Mohammed Abdul Mannan Khan, S/o. Mohd. Abdus
Sami Khan & 2 others
All are represented by their Development Agreement –
cum General Power of Attorney Holder,
M/s. Shree Manjunatha Constructions,
Rep. by its Managing Partner
Y.Koteshwara Rao, S/o. Y.Kotaiah
...Petitioners
AND
The State of Telangana,
Rep. by its Principal Secretary,
Municipal Administration & Urban Development
Department,
Secretariat, Hyderabad, & 3 others
...Respondents
This writ petition is filed questioning the action of respondent No.4 in issuing shortfall intimation letter vide File No. 010605/GHMC/04856/SWBP/SLP2/2025 dated 28.03.2026 in respect of land admeasuring 920.09 square meters in Plot No.0, House No.2-41/41/7/1 and PTI No.1219992190 in Survey No.41/7 of Khanamet Village, Serilingampally Mandal, Rangareddy District (hereinafter referred as “subject property”). A consequential prayer is sought to set aside the aforesaid letter dated 28.03.2026 and to direct respondents to grant building permission in respect of the subject property without referring to the shortfall letter dated 28.03.2026.
The facts giving rise to filing of this writ petition are as follows:
The petitioners claims to be the absolute owners and possessors of land admeasuring Ac.1-00 guntas in Survey No.41/7, situated at Khanamet Village, Serilingampally Mandal, Rangareddy District, having acquired the same by way of a registered sale deed bearing document No.144/1995, dated 04.01.1995. It is further submitted that the petitioners executed a Development Agreement – cum – General Power of Attorney (for short “DAGPA”) in favor of Shree Manjunatha Constructions (petitioners’ DAGPA Holder) for construction on the subject property consisting of 1 cellar + 1 stilt + 5 upper floors vide File No.011624/GHMC/5700/SLP2/2022-BP on 09.11.2022, however, the same was refused by the registering authority on 14.11.2022 on the ground that the District Collector, Rangareddy District, has issued a letter bearing Lr.No. E1/1111/2017, dated 06.11.2018 stating the lands in Survey Nos.41/1 to 41/13 of Khanamet Village are Government assigned lands and that no building permissions are granted in those lands. Aggrieved by the same, the petitioners’ DAGPA holder filed W.P.42352 of 2022, this Court on 22.11.2022 disposed of the writ petition. The operative portion of writ petition is as follows:
“In the light of the law laid down in Hyderabad Potteries Case [2001 (3) ALD 600] and also in the light of the order passed by the Division Bench of this Court in Writ Appeal No. 403 of 2022, dated 05.07.2022, the order impugned is set aside. The respondents shall process the building Application of the petitioner in accordance with law without taking into consideration the report of the District Collector dated 06.11.2018.”
Though this Court directed the respondent authorities to process the building application, the respondent authorities had not processed the same. Aggrieved by the same, the petitioners’ DAGPA holder filed C.C.632 of 2023 and the said Contempt Case was closed, as the respondents had issued a shortfall letter dated 21.05.2023 citing the reason as follows:
“Inspected the site and verified the master plan and found that the site is getting affected in Master Plan. Hence, the applicant may be directed to submit revised plan leaving road affected portion. Hence, suggested for shortfall.”
Pursuant to the shortfall letter dated 21.05.2023, the petitioners’ DAGPA holder applied for revised building permission vide File No.008183/GHMC/4054/SLP2/2023-BP, dated 18.07.2023. Subsequently, the same got rejected by respondent No.3 vide letter dated 01.10.2023. Challenging the same, the petitioners’ DAGPA holder approached this Court and filed W.P.No.32607 of 2023. This Court disposed of the writ petition on 12.12.2023. The operative portion of the writ petition is as follows:
“10. However, taking note of the fact that the respondent authorities have chosen to communicate to the petitioners that the application submitted by him was rejected, this Court in the peculiar facts of the case is of the considered view that the said order cannot be allowed to be sustained. Further, taking note of the fact that the respondent authorities have forwarded the file for approval of the RDP plan on 02.08.2023, this Court is of the view that the petitioners should be directed to submit fresh application, after 15.01.2024 by which time the respondent author