Aaksh Oza v. '1 . The State Of Telangana

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction rnore particularly one in the nature of mandamus, direct the Respondent No. 4 and 5 to issue Building permission to the Petitioner in regard to the subject property vide Plot No. 70/Part in Survey No. 16312 and 165/2 admeasuring Area 100.00 Square yards equivalent to 83.6 Square Meters, situated at MAILAREDEVPALLY VILLAGE, GHMC Rajendranagar circle, Ranga Reddy District, without objecting to the ceiling affected under prohibited list. Gounsel for the Petitioner: SRI JASWANTH SINGH THAKUR Counsel for the Respondent No.'l: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2 to 5: SRI RAPARTHI VENKATESH' SC FOR GHMC The Gourt made the following: ORDER ! i (A HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.382 of 2O25 ORDER: Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri Raparthi Venkatesh, learned Standing Counsel appearing for respondent Nos.2 to 5. Perused the record.

2. Petitioner is claiming that he is the absolute owner and possessor of plot No.7O/part in Sy.No. 163/2 and 16512, admeasuring 100 Sq. yards, situated at Mailareddypally village, GHMC Rajendranagar circle, Ranga Reddy district, on the strength of a registered gift deed vide document No. 1O180 of 2024, dated

23.1I.2024. He has obtained building permit order, dated

06.12.2024 for construction of Stilt for parking + 2 Upper floors. Petitioner has not yet commenced the I I I KL,J W.P.No.382 of 2025 2 construction. Work commencement letter was not even issued to the petitioner. In the meanwhile, the Deput5z Commissioner, Rajendra Nagar Circle-ll, GHMC has issued Show Cause Notice, dated 30.12.2024 for revocation of the said building permit order granted to him. Aggrieved by the said action of the Deputy Commissioner, Rajendra Nagar Circle-ll, GHMC, the petitioner filed tJ'e present writ petition.

3. The Deputy Commissioner, Rajendra Nagar Circle- 11, GHMC has issued Show Cause Notice, dated 3O.L2.2O24 on the following grounds: "As phgsicallg and technicallg uerified and recommended bg SO and ACP and on basing on the field report remarks the proposed site falls in ceiling affected under prohibited list hence the proposals is reuoked."

4. The Deputy Commissioner, Rajendra Nagar Circle- 11, GHMC has no power to issue Show Cause Notice and revoke the building permit order granted to the petitioner. / i d KL,J W.P.No.382 of 2O25 .,)

5. Section 7 of the Telangana State Building Permission Approval and Self Certification System (TS- bPASS) Act, 2O2O deals with 'approval of building permissions' and the same is relevant which is extracted as under: "7. (rl (2t (3) l4l (s) (6) (71 (8) ... . . (e) (10) ... ... ... (11) The permission issued under deemed clause can be revoked by the commissioner within 21 days from the date of deemed approval if it is tound that deemed approval has been obtained by mis-representation of the facts or false statements, and/or against ttre building rules, regulations and Master Plan land use provisions."

6. Section 450 in Greater Hyderabad Municipal Corporation Act, 1955 deals with Power of Commissioner I KL,J W.P.No.382 of 2025 \ 4 to cancel permission on the ground of material misrepresentation by applicant and the same is relevant which is extracted as under: "If at ang time afier permission to proceed uith anA building or u)ork has been giuen, the Commissioner is satisfied that such pennission was granted in consequence of anA material misrepresentation or fraudulent statement contained in the notice giuen or information furnished under section 428 or 433 or in the further information if ang, furnished, he may cancel such permi.ssion and any work done thereunder shall be deemed to haue been done utithout his p ermis sion. "

7. Rule 72 (aiii) of the Telangana State Building Pennission Approoal and Self CertiJication Sgstem ("S-bPASS/ Rutes, 2O2O (hereinafter referred to as the Rules, 2020) says that the permission issued under deemed clause can be revoked by the Competent Authority within 21 days from the date of deemed approva,l without any notice, if it is found that deemed I I I I I ! n 5 KL,J W.P.No.382 of 2025 approval has been obtained by misrepresentation of the facts or false statements, and / or against the building rules, regulations and Master Plan land use provisions.

8. Rute 2 (ai) oI the Rules, 2O2O deqls utith 'Competent Authoritg'and it means the Commissioner, Greater Hyderabad Municipal Corporation. \earned Standing Counsel appearing for GHMC' on 9 .\ instructions, would submit that the Commissioner, I I Greater Hyderabad Municipal Corporation, Hyderabad is the competent authority to revoke the building permit order and there is no delegation ol power to the Deputy Commissioner. Delegation of power is impermissible'

10. It is for respondent No.2 to consider the said aspects, without going into the merits and demerits of the case. Therefore, only on the said ground, the impugrred Show Cause Notice, dated 30. 12.2024 issued by the Deputy Commissioner, Rajendra Nagar Circle-11, GHMC is liable to be set aside and accordingly, it is set aside ' KL,J W.P.No.382 of 2O25 6 This writ petition is allowed. However, liberty is granted to respondent No.2 to initiate fresh action, strictly in accordance with the procedure laid down under the GHMC Act, 1955, TSbPASS Act, 2O2O and TSbPASS Rules, 2O2O.There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. i I I \ To, I //TRUE COPY// SD/.P.CH.NAGABHUSHA MBA T REGISTRAR ASSIST SECTION OFFICER :iri;d,$".i}.-,[:ift #ftffi*g:iffi ;s]rm#r:i:"r.#,il,.. " *ll]o|?]?L!rtv Planner, Greatei Hyderabad Municipat corporarion. Tank Bund ;fffi;$1#,ffi,*"rr:'r#H",'*i*t[3ffi ;1;#; iissi,ff*rffmlil,'dm'tflff BN/BSK !r *r*gif*isift HIGH COURT DATED:0710112025 ORDER WP.No.382 of 2025 !r.6. S fA f € qJ 1e rtB zoz5 + oE:; pn -.'r'.ir- zj2 ALLOWING THE WRIT PETITION WITHOUT GOSTS (+ '3 z5 I I