High Court · 2025

Petition under Article 226 of 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 more 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 propedy vide PIot No. 70/Part in Survey No. 16312 and 165/2 admeasuring Area 200.00 Square yards, situated at MAILAREDEVPALLY VILLAGE, GHN/C Rajendranagar Circle, Ranga Reddy District, without objecting to the Ceiling affected under prohibited list. Counsel for the Petitioner: SRI JASWANTH SINGH THAKUR Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2 to 5: SRI RAPARTHI VENKATESH, SC The Court made the following: ORDER HON'BLE SRI WSTICE K. LAIISHMAI{ TII,RIT N No. 395 of2O25 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 she is the absolute owner and. possessor of plot No'7O/part in Sy'No'16312 and 16512, admeasuring 3OO Sq' yards' situated at Mailareddypally village, GHMC Rajendranagar circle' Ranga Reddy district, on the strength of a registered gift deed vide document No.1390 of 2016, dated 16'O2 '2016' She has obtained building permit order' dated 05.12.2024 for construction of Stilt for parking + 2 Upper floors. Petitioner has not yet commenced the cqrstmction. Work commencement letter was not even \ I I KL,J W.P.No.395 of 2O25 2 issued to ttre petitioner. In the meanwhile, tJ:e Deput5r Commissioner, Rajendra Naga-r Circle-Il, 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 Naga,r Circle-ll, GHMC, t.Ile petitioner filed the present writ petition.

3. The Deputy Commissioner, Rajendra Nagar Circle- 11, GHMC has issued Show Cause NoLice, dated

30.12.2024 on the following grounds: "As phgsicallg and technicallg ueified and recommended bg SO and ACP and onbasing on the field report remarks the proposed site falls in ceiling affected under prohibited li.st hence the proposals is reuoked. "

4. The Deput5r 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 / /,| / I I KL,J W.P.No.395 of 2025 3

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 (21 (3) (41 (s) (6) t7l (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 found that deemed approval has been obtained by mis-representation of the facts or false statements, and/or against the building rules, regulations and Master Plan land use provisions."

6. Section 45O in Greater Hyderabad Municipal Corporation Act, 1955 deals with Power of Commissioner \ \ l I I , i l l I I i t I I I I I I i i , ! i I i I II il!i KL,J W.P.No.395 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. with ang building or uork has been giuen, the Commissioner is satisfied that such permission taas granted. in consequence of ang material misrepresentation or fraudulent statement contained in the notice giuen or information funtistrcd under section 428 or 433 or in the further information if ang, furnished, he mag cancel such permission and ang work done thereunder shall be deemed to haue been done u.tithout his permission. "

7. Rule 72 (aiii) of the Tetangana State Building Pennission Approaal and. Self Certilication Sgstem (S-bPASS/ Rules, 2O2O (heretnafter referred to as .the Rules, 2020) says that the permission issued under deemed clause can be revoked by the Competent Authorigr u/ithin 21 days from the date of deemed approval without any notice, if it is lound that deemed I / / t, 1,/tf i i t KL,J W.P.No.395 of 2025 5 approval has been obtained by misrepresentation of the facts or false statements, and / or against the building rules, regul.ations and Master Plan land use provisions'

8. Rule 2 Pq oJ ile Rulcs, 2O2O deals uith 'Competent Aut*tority'and it means ttre Commissioner' Greater Hyderabad Municipal Corporation' g. Learned Standing Counsel appearing for GHMC' on instructions, would' submit that the Commissioner' Greater Hyderabad Municipal Corporation, Hyderabad is the competent authorit5r to revoke the building permit order and t-here is no delegation of 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 impugned Show Cause Notice, dated 3O' l2'2O24 issued by the Deputy Commissioner, Rqjendra Nagar Circle- 1 1, GHMC is liable to be set aside and accordingly, it is set aside. KL,J W.P.No.395 of 2O25 6 This writ petition is allowed. However, liberty is granted to respondent No.2 to initiate fresh action, stricfly in accordance urith 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. //TRUE COPY// SD/.A.SRINIVAS REDDY ASSISTANT REGISTR^AR ECTION OFFICER The. Principg! Secretary_, Municipat Administration and Urban Development, hgving its office at the Secretariat, The State Of Telangana, Hyderabad. The ^C_omrpissioner, The Gp9!e1 Hyderabad Municipa'i Coiporition, having its CC Office, Tank Bund Road, Hyderibad. The ChiefCity Planner, Greatei Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad. The Zonal Comn_rlq9ig1er, The Zonal Commissioner, Charminar Zone, Rajendra Nagar (M) GHMC, Rangareddy District, havina its GHMC Head Office. Tank Bund Road, Hyderadad. The Assistant City Planner,-Charminar Zone, Rajendra Nagar (M) GHMC, Rangareddy District. One CC to Sri Jaswanth Singh Thakur, Advocate IOpUCj ]w9. CC; t9 G-P_fgr Municipal Administration Urbari Devet6pment, High Court for the State of Telangana, at Hyderabad [OUT] 9ne 99 t9 Sri Raparthi Venkaresh, SCIOPUCI' Two CD Copies To,

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8. 9. TJ BSK ! 1 I i I I ! t i ! l ,i t: L j I I i I I I I HIGH COURT DATED:0710112025 I I I I I i ORDER WP.No.395 af 2025 ?.8 SI4 iq Gr k 3 19 FtB iltl I * ALLOWING THE WRIT PETITION WITHOUT COSTS a(-\ [,-_,; Pa- lr{ LLr