Smt. Bitragunta Usha Rani v. The State Of Telangana

[ 3183 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 18321 OF 2026 Between:

Smt. Bitragunta Usha Rani, D/o Late Jalagiri Yadagiri, Wo B. Siva Prasad, Aged. 48 Years, Occ. Private Employee, presently residing at Flat No C461, H. No.6-3-1966, NGO's Colony, Hyderabad-7O ...PETITIONER AND '1 . The State of Telangana, Rep. by its Principal Secretary, lVlunicipal Administration and Urban Development Department, Secretariat, Hyderabad.

2. The Commissioner, Malkajgiri Division, Medchal- Malkajgiri Division

3. Chief City Planner Officer, Town Planning Section (HO) Malkajgiri Division' GHMC, Medchal- Malkajgiri Division

4. Zonal Commissioner, Olo Zonal Commissioner Office, LB Nagar Zone' Saroornagar, Sri Sai Shivani Complex, HUDA Complex, Dilsukhnagar' Hyderabad, Telangana-35

5. The Deputy Commissioner, Circle-3C Saroornagar, Saroornagar,

6. Deputy City Planner, Oto Zonal Commissioner Office, LB Nagar Zone, Saroornagar

7. Asst City Planner, Oto Zonal Commissioner Office, LB Nagar Zone, Saroornagar

8. Sri. Jalagiri Sanjay, S/o Late J. Yadagiri C/o Dr. lmran Manzil, 1st Floor, R/o Plot No.262, H. No.23-164, Near Kites Pre School, HMT Satavahana Nagar KPHB, Hyderabad-500 072

9. Sri. Jalagiri Praveen Kumar, S/o Late J. Yadagiri C/o R. Hanumantha Reddy R/o H. No. 27-16t3t2,2nd Floor Sri Krishna Nagar, Krupa Complex Neredmet' Medchal - Malkajgiri District - 500 056 10.Smt Bokkisam lndira, D/o late J. Yadagiri Wo B. Venkateswarlu, Aged 46 Years, Occ. Housewife, R/o H. No.'1076/11, Rayalam Nest, Ganga Enclave near Harsha Hospital, Pet Basheerabad, Qutbullapur, Medchal Malkajgiri district 500 055.

1 1 . M/s KCM Builders, Rep by its Managing Partner Mr. Sripathi Srinivas a partnership firm, having its registered office at H No 17-1-391/T/10' Saidabad, Hyderabad - 500 059.

12.Smt. M. Laxmamma, Wo. Late. M. Srinivas Reddy, (Daughter ln Law of Late M. Narasimha Reddy), aged about 54 years, Occupation. House wife 13.Sri. M. Chandra Shekar Reddy, S/o. Late. M. Srinivas Reddy, (Grandson of Late. M. Narsimha Reddy), aged about 34 years, Occupation. Business' 14.Sri M. Gopal Reddy, D/o. Late. M. Narsimha Reddy, Aged About 59 Years, Occupation. Business

'15 Sri M Malla Reddy, S/o. Late. M Narsimha Reddy, Aged About 56 Years, Occupation. Business 16 Sri. M Darshan Reddy, S/o Late. M. Narsimha Reddy, Aged About 54 Years, Occupation. Business 17 Sri. lt/ Pochi Reddy, S/o Late M Muthyam Reddy, Aged About 55 Years, Occupation. Business '18 Sri. It4 Laxma Reddy. S/o. Late. M Muthyam Reddy, Aged About 54 Years, Occupation. Busrness '19 Sri lvl Pandu Reddy, S/o. Late [vt. Muthyam Reddy, Aged About 50 Years, Occupation. Busrness 20 Sri l/ Madhusudhan Reddy, S/O Late. M. Muthyam Reddy, Aged About 44 Years, Occupation. Business, 21 Sri. lt4 Vijaya Bhasker Reddy, S/o. Late. M. Muthyam Reddy, Aged About 43 Years, Occupation. Business 22 Sri lV Balwanth Reddy, S/o Late. M. Kista Reddy, Aged About 77 Years, Occupation. Agriculture 23.Sri. M Janga Reddy. S/o. M.

Balwanth Reddy, Aged About 50 Years, Occupation. Business 24.Sri M Surender Reddy, S/o M. Balwanth Reddy, Aged About 45 Years, Occupation. Business 25.Sri M Sudhakar Reddy, S/O M. Balwanth Reddy, Aged About 43 Years, Occupation. Business S.No 12 fo 25 are the R/o H.No. 16-11-686, Gaddiannaram, Dilsukhnagar, Hyderabad.

26.Sri M. Jagan Reddy, S/o Late M. Kista Reddy, Aged About 61 Years, Occupation. Agnculture 27.Sri M. Praveen Kumar Reddy, S/o. M Jagan Reddy, Aged About43 Years, Occupation. Business 28.Sri. M. Naveen Kumar Reddy, S/o. M. Jagan Reddy, Aged About 41 Years, Occupation. Business S Nos.26 to 28 are the Residents ofHouse No. 17-1-391/5/549, Singareni Colony, Near Autometer Ceiling Office, Road No. 1, Saidabad, Hyderabad.

29. tM/S. Vega Jewellers, Represented by its Managing Partner V. Naveen Kumar. 5/0 Kesava Rao a partnership firm, having register office address at 40-15-1012, Nandamuri Road, Revenue Ward Number. 11, Block Number.20, Plot Number '10, Brrndavan Colony, Vijayawada -520 010, NTR District 520 0'10 30 M/S Maiden Drop Edu Foundation, represented by its director Mrs. Leena Madhuri Charukuri and GPA Holder cum President Sri N Purna Chandra Rao Having its registered office at H No. 6-3-348/10h04, Flat No.104 1st Floor, Nirmal Towers, Dwarakapurr Colony, Hyderabad, Telangana, lndia - 500082 NOTE. That Respondent Nos.29 and 30 are impleaded only as formal and pro forma parties for the purpose of furnishing necessary information and for effective adjudication of the issues involved in the present petition. No substantive relief is claimed against them at this stage ...RESPONDENTS

Petition under Article 226 of the Constrtution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Official Respondents in not considering the representation dated 15-05-2026 submitted by the Petitioner seeking revocation or suspension of the Building Permit Order vide File No.

1/C5/13926/2019 and Permit No 11C510805412021 , dated 29-06-2021 , allegedly obtained by fraud, misrepresentation, and suppression of material facts before the Official Respondents, as illegal, arbitrary, contrary to Section 450 of the Hyderabad Municipal Corporation Act, '1955, and violative of principles of natural justice, and consequently direct the Official Respondents to consider and dispose of the said representation dated 15-05-2026 in accordance with law, within a time frame fixed by this Honble Court l.A. NO: 1OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the official Respondents to forthwith suspend the Bullding Permit Order vide File No.

11C511392612019 and Permit No 1/C5/0805412021 , dated 29-06-2021, pending consideration of the Petitioners representation dated 15-05-2026, and further direct the Official Respondents to consider and dispose of the said representation strictly in accordance with law, within such time frame as may be fixed by this Honble Court pending disposal of the above writ petition Counsel for the Petitioner: Mr. Anirudh Nellikonda SRl. N. ANIRUDH Counsel for the Respondent No. I : GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2to7: SRI SRINIVASA RAO PACHWA, SC Counsel for the Respondent Nos.

IN THE HICH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.18321 OF 2026 DATE OF ORDER: 1,6.06.2026 Between:

Smt. Bitragunta Usha Rani Petitioner AND The State of I'elangana Represented by its Principal Secretary Municipal Administration and Urban Development Department, Secretariat, Hyderabad and others

...Respondents

ORDER:(ORr\L) Heard Mr. Anirudh Nellikonda, learned counsel lor the petitioner; Mr. Srinivasa Rao Pachwa, learned Standing Counsel appearing for respondent Nos.2 to 7; and perused the material on record. 2(a). lt is the case of the petitioner that the petitioner's father Sri Jalagiri Yadagiri. was the absolute owner and possessor of the property bearing Municipal No.9-141 (Old),23-l (New), appurtenant r-o Plot No. l4l, admeasuring 627 Square Yards (equivalent to 564.3 Sc1. Meters), along with an additional extent of land admeasuring 150 Square yards (equivalent to 125.41 Sq. Meters), totally admeasuring 777 Square yards, situated in Sun,ey No. 97. Shareef Nagar, Gaddiannaram Village, Saroornagar Mandal. Ranga Reddy District (hereinafter referred to as the "Schedule Propeny")

2(b). The father of the petitioner died, leaving behind his wife, late Smt. J. Chandrakala, and his children namely, Jalagiri Sanjay, Jalagiri Praveen Kumar and Smt. Bokkisam Indira and the petitioner herein, as his only surviving legal heirs and successors to the schedule property. Subsequently, the petitioner's mother, Smt. J. Chandrakala, also passed away. Consequently, the four (4) children oflate Sri Jalagiri Yadagiri and late Smt. J. Chandrakala became entitled for ll4th share each in the schedule property.

2(c). It is further submitted that respondent No.7 entered into development agreement with respondent Nos.8 and 9 as well as respondent Nos.l2 to 28, who own adjoining plots and building permission was obtained by respondent No.1l-builder on the strength ofthe decree passed by II Additional Junior Civil Judge-cum-Ill Additional Metropolitan Magistrate at Kushaiguda, dated 09.05.2024 in O.S.No.170 of 2024. That in the said case it was fraudulently claimed that respondent Nos.S and 9 (Plaintiff Nos.l and 2) are the owners of the property left behind by the late Jalagiri Yadagiri and J. Chandrakala and as their only surviving legal heirs. It is further stated that the petitioner has submitted a representation/complaint dated 15.05.2026 to respondent No.5, seeking cancellation of building permit order, which was fraudulently obtained by

respondent No.l l. Learned counsel fairly submitted that the entire building construction has already' been completed by respondent No.1 1 ' 3.

Learned Standing Counsel appearing for submitted that respondent Nos.2 to 7 authorities would consider the complainvrepresentation dated 18.05.2026 stLbmitted by the petitioner, and pass orders, in accordance with law.

4.

Recording the aforesaid submissions, without entering into merits of the case, the writ petition is disposed of, directing respondent No'5 to consider the complaint/representation of the petitioner: dated 15.05'2026 seeking revocation of building permit order in File No.1/C511392612019, dated 29.06.2021, by issuing notice to the petitioner, respondentNos. 8 to 30 and all other concerned/interested persons, by affording an opportunity of hearing to them, within a period of four (4) week.s from the date of receipt of a copy of this order.

5.

As an innocuous order is passed without entering into merits, notice to respondent Nos.8 to 30 are dispensed with. If respondent Nos.8 to 30 are in any way aggrieved by this order, they are at liberty to approach this Court seeking modification of this order. No order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in this writ petition, stand closed.

SD/.M. OSMAN ALI BAIG SSISTANT REGIST //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary, Municrpal Administra on nd Urban Development Department, Secretariat, T.S.,Hyderabad.

2. The Commissioner, Malkajgiri Division, Ivledchalajgiri Division

3. The Chief City Planner Officer, Town Planning Section (HO) Malkajgiri Division, GHMC, Medchal- Malkajgiri Division

4. The Zonal Commissioner, Olo Zonal Commissioner Office, LB Nagar Zone, Saroornagar, Sri Sai Shivani Complex, HUDA Complex, Dilsukhnagar, Hyderabad, Telangana-35

5. The Deputy Commissioner, Circle-3C Saroornagar, Saroornagar,

6. Deputy City Planner, Olo Zonal Commissioner Office, LB Nagar Zone, Saroornagar

7. Asst City Planner, Olo Zonal Commissioner Office, LB Nagar Zone, Saroornagar

8. One CC to Mr. Anirudh Nellikonda SRl. ANIRUDH N Advocate IOPUCI

9. Two CCs to GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT ,High Court for the State of Telangana, at Hyderabad [OUT] 10.One CC to SRl. SRINIVASA RAO PACHWA, SC [OPUC] 1 1 . Two CD Copies BM BS ui.

CC TODAY HIGH COURT DATED: 16t0612026 ev't

ORDER

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DISPOSING OF THE WRIT PETITTON WITHOUT COSTS 0r L t