SHAIK KHAISAR MAHBOOB Vs. GREATER HYDERABAD MUNICIPAL

JUDGEMENT

(1.) This Appeal is filed aggrieved by the judgment dtd. 21/11/2024, passed by the Chief Judge, City Small Causes Court at Hyderabad, in MA.No.56 of 2024, whereby the original speaking order vide Lr.No.645/2/A/TPS/W11/C12/KZ/GHMC/2024-1, dtd. 23/3/2024, passed by respondent No.2-Deputy Commissioner, Circle No.12, Khairatabad, Hyderabad, revoking the building permission granted to the appellant, was confirmed.

(2.) In nut-shell the facts of the case, as putforth by the appellant, are that he is the owner and possessor of the building bearing Door No.11-4- 645/2/A, situated at A.C. Guards, Asifnagar, Hyderabad (hereinafter referred to as 'the subject property'); that originally, the land in Sy.No.162 belongs to one Zohara Begum and she gifted a piece of land admeasuring 500 sq. yards to Shaik Khaja, who is the grandfather of the appellant herein, through a registered gift deed dated 5 Aban 1345 Fasli; that a shop was existing in the said Survey Number; that appellant's grandfather i.e., Shaik Khaja has gifted 500 sq. yards of land along with the shop constructed in an extent of 25 sq yards, vide H.No.11/4/645/2 to Shaik Mahboob, who is father of the appellant, through a gift deed dated 12th Aban 1951 Fasli; that the father of the appellant had been in possession and enjoyment of the same; and that, after his demise, the appellant along with his mother and brothers has been in possession and enjoyment of the said property as absolute owners.

(3.) Heard Sri K.Chidambaram, learned senior counsel appearing for Ms. G.Sindhu, learned counsel-on-record for the appellant, Sri Midde Arun Kumar, learned Standing Counsel for GHMC, and Sri Nazir Ahmed Khan, learned counsel for respondent No.3.