:: ORDER ::

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:

“…to issue a writ of mandamus or any other appropriate writ, order or direction declaring the action of the respondents in not taking steps to take appropriate action to cancel the layout issued vide proceedings bearing No.BA/G1/628/2005 dated 18.10.2007 (Permit No.61/MP-2/PLG/HUDA/2005 letter No.5707/MP2/PLG/HUDA/2005 duly taking into consideration of the representation dated 25.06.2013 as illegal, arbitrary and contrary to law and pass...”

2. Heard Sri A. Mahesh Kumar, learned counsel for petitioner, Sri Srinivas Rao Pachwa, learned Standing Counsel for GHMC, appearing for respondent Nos.2 and 4. Perused the record.

3. The petitioner, in the affidavit, claims to be the absolute owner and possessor of plots bearing Nos. 5, 7 to 12, 37 to 70, 73 to 83, 97, 99 and 101, admeasuring total extent of 9,789 Sq.Yards in Sy.No.50 (P), situated at Yellareddyguda, Kapra Village, Keesara Mandal, Ranga Reddy District. Originally, one Sri M. Malla Reddy was the pattedar and possessor of land admeasuring Ac.12.38 guntas in Sy.No.50 of Yellareddyguda. The said M.Malla Reddy has two sons, namely, Sri M. Veera Reddy and Sri M.Narsimha Reddy, and in a partition, the land admeasuring Ac.5.33 guntas fell to the share of M. Malla Reddy, and M.Narasimha Reddy, and they divided the said land into 102 plots and obtained layout permission from the Gram Panchayat on 13.12.1971, and named the Colony Venkateswaranagar and the plots were sold to various individuals, including the petitioner, who purchased, in the said layout.

4. The writ petitioner purchased the said plots in the year 2008. However, certain illegal transactions had taken place earlier, wherein Sri M. Malla Reddy and M. Narasimha Reddy, again executed a General Power of Attorney (G.P.A.) on 05.01.1989 in favour of Sri G. Harinarayana vide registered document No. 46/1989, showing the land as agricultural land. However, as on the date of execution of the said G.P.A., the land had already been converted into plots. Thus, the said persons dishonestly executed the G.P.A. Thereafter, the G.P.A. holder sold the same to other persons.

5. In view of the above, the present writ petition has been filed challenging the subsequent transfer and layout granted to G.P.A. holder representing the original landowners vide proceedings bearing No.BA/G1/628/2005, dated 18.10.2007 (Permit No.61/MP2/PLG/HUDA/05, letter No.5707/MP2/PLG/HUDA (05).

6. The learned counsel for the petitioner contended that since the G.P.A. was executed subsequent to the formation of the layout by M. Malla Reddy and M. Narasimha Reddy, who had already sold the plots to the petitioner and others, any subsequent transfers made under the said G.P.A. would not confer valid title in respect of the said land.

7. The learned counsel further contended that, though a detailed representation/complaint was submitted dated 25.06.2013 seeking cancellation of the said layout, no action has been taken till date.

8. It is the case of the petitioner that after the original layout sanction in the year 1971, the original owners had already converted the said land into plots and sold the plots, and the petitioner purchased the plots accordingly. Thus the execution of the G.P.A. representing the original landowners, and subsequent grant of layout are not valid in law.

9. This Court, in W.P.No.45961 of 2016, dated 10.04.2026, has categorically held that issues relating to layout and building permissions involve disputed questions of fact, which must be adjudicated by a competent Civil Court. Such factual determination is not possible under Article 226 of the Constitution of India. In light of the said judgment, the present writ petition seeking cancellation of the layout is not maintainable.

10. Accordingly, this Writ Petition is dismissed. However, liberty is granted