The High Court · 2025

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 respondents 2' 3 and 4 to set aside the Revocation Letter vide Lr. No. 4571,./.HMC12025112024 dated 21-o1-2025 and reconsider the Buirding permit No'457'100/1046grcr1Mc/2024 dated 04-12-2024, prot No.515_C, in Survey No.77, admeasuring 140 Sq yards, situated at Kondapur (V), Serilingampally (M), Ranga Reddy District, T.S., and bounded by North. plot No.S16; South. plot No.5'15/1; East. 30, Wide Road; West. plot No.513., without insisting ULC Clearance Certificate. Counsel for the petitioner: SMT. THAKUR ROOPA STNGH Counsel forthe Respondent Nos.1 & 5: Gp FOR REVENUE counset for the Respondent Nos.2 ro +isilc-.i,ii-onusuooeru REDDy. sc The Court made the following: ORDER FOR GHMC HON'BLE SRI JUSTICE K. LAKSHMAN WRTT PETITION No.2254 of 2o25 ORDER: Heardlearnedcounselappearingforthepetitioner andSriG.MadhusudanReddy,learnedStanding Counsel appearing for respondent Nos'2 to 4' Perused the record. Petitioner is claiming that he is the absolute owner 2 and possessor of Plot No 515-C in SY.No.77, admeasurrng situated at KondaPur village' 140 Sq. Yards, Serilingampatli Mandal, Ranga Reddy district' on the strength of a registered sale deed bearing document No.2959 of 1995, dated OB'03' 1995' He has obtained building permit order, dated 04'12'2024 for construction of Stilt for parking + 2 Upper floors' Petitioner has not yet commenced the construction' Work commencement letter was not even issued to the petitioner' In the meanwhile' respondent No'3 has issued' Show Cause Notice' dated KL,J W-P.No.it25.1 ot 2025 2 O4.O1.2O2a, for revocation of the said building permit order gran.:ed to him. Seven days time uras granted to submit explanation. According to the petitioner, he has submitted r>r.al explanation. Without considering the said explanation, respondent No.3 has issued revocation letter, date,d 21.O1 .2025 by revoking the aforesaid building pennit order. Aggrieved by the said action of respondellt No.3, the petitioner filed the present wdt petition

3. Respondent No.3 has issued revocation letter, clated 21 .Ol.2O2S on the following grounds: "...As per the sctuting and inspection repoft oJ. ?pS ($ A C_p_ 2O, The .oroposals the constnrction of residenttal buitrlirry conszsf o1' 1 stilt +2 upper JToors ouer plot No: 5 j S TypE_C, Street/ Road: KONDA?UR, Locality: KONDAIUR, Surueg No: 7 7, Kondopu r (V), Seriling amp altg Circle 2 0, Seiling a np al.ly Zone, Sei.lingampalty(M). GHMC, Rangarecldg (Dist) Irrspecled tLrc site, uerified the submitted, d_ocurrtert.ts arui obseruec.I tttat, the proposed sile is ln the unapl.trouecl layouL tht: applicant has not submitted ang regulan:zation proceedirtgrs but spplisfl regulaized. Further. the submitted \JLC clearance not tallging uLith lhe office IS KL,J W.P-No 2254 of 2025 3 record-s.. Hence the issuance of commencement certiJicote for Stilt +2 upper floors is here by reuocation As per the inspection & scntting of report of the TPS' The proposals the construction of residential buildinq consisl of 1 stitt +2 upper JToors ouer Plot No: 515 TYPE-C' Street/ Road: KONDAPUR, Localitg: KONDAPUR' Suruell No: 7 7, Kondapur(V), Seiling amp allg Circle 2 O' Seiting amp allg Zone, Seilingampollg (M), GHMC' Rangareddy (Dist)" Inspected the site, ueiJied the submitted doatments and obserued. that, the proposetl site is in the unapproued lagout, the applicant hcLs not submitted any regulaization proceedings but applied crs regulaized' Further' the submittedIJLCclearanceisnottallgingtuiththeoffice records. In this regard, a shottt cause notice may issued to the opplicant with a direction to shotD couse ds to uhg the prouisionol permission obtoined bg self ceftification should notbereuokedtlithinTdagsand'submittLrccerttfiedcopies of the ULC end"orsement, GO atong tuith all the annexures by ULC outhoities also to submit the LRS approued copies ' otherwise the same uitl be cancelled utithout ang further nottce Sn S.B. SHA.IVI(AR RAO submitterl proposals the constn Lction of residentia| building consist of 1 stilt +2 upper Jloors ouer Plot No: 515 TYPE-C' Street/ Road: KONDAPUR' Locality: KONDAPtIR, Suruey No: 77' Kondapur(V)' Seilingampaltg Circle 20, Seritingampallg Zone' Seilingampatlg(M), GHMC, Rangared-dg (Dist)' Inspectec) the site, ueified tle submittecl documents and obserued KL,.] W.P.No.t2254 of 2O25 4 i thctt, t,Lte proposed. site is ln the unapprouetl larlout, the appLicant has not submitted ang regularization proceerltngs but ctppl.ied cts regularized. Fufther, the su.bmit.tecj LILC cLearctnce is not tallging tuith the off.ce record.s lrt this regarcl, tt shotu cause notice mag issued to the applicant tuith o clirection to shout couse as to ttthg the prouisional penrissicn obtained. bg self certification should not be reuolced uithin 7 days and submit the ceftiftecl copu._s of the ULC endorsernent, GO along u.,ith aII the annexures bg ULC authoitttes also to su.bmit the LRS approued copies, otherruis:e the same tait] be cancelled utithout ang Jurlher notice. '' 4' Respondent No.3 has no power to issue revocation letter, datecl ,.21.O1.2025 and revoke the building permit order granteri to the petitioner.

5. Section 7 of the Telangana State lluilding Permission Approval and Self Certification System (TS_ bPASS) Act, 2O2O deals with .approval of building permrsslons' iind the same is relevant which is extracted as under: "7. (1) (2) (3) (4) KL,J W.P.No.2254 of 2025 5 5 6 (7 (8 (e) (10) ......... irri tt" permission issued under deemed clause can be revoked by the commissioner within 2l 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 builcling rules, regulations and Master Plan land use Provisions."

6. Section 450 in Greater Hyderabad Municipal Corporation Act, 1955 deals with Power of Commissioner to cancel permission on the ground of material misrepresentation by applicant and the sarne is relevant which is extracted as under: "If at ang time afier permission to proceed rttith any building or uork has been giuen' the Commission er is satisJied Lhat such permission was granted in consequence of ang mate'rial misrepresentation or fraudulent statement contained in the notice giuen or information KL,J W.P.No.Lt254 of 2O2S 6 furn.i:;hed under section 428 or 433 or in the furlher information if ang, furnished,, he mag cance:l such. permission and ang uLork d.one thereu\der shctll be d.eemed, to haue been cl.one tuithout his permission. "

7. Rule "t2 (uiii) of the Telangana Stclte Building Permission Approual and. Self Certift.cation Sgstem /"S-bPeSS/ Rnles, 2O2O (hereinafter riferred to as .the Rules, 202o) says that the permission issued under deemed clause can be revoked by the Competent Authority within 21 days from the date of deemed approval without any notice, if it is found that deemed approval has been obtained by misrepresentatiotr of the facts or false, statements, and / or against the building rules, regulations and Master plan land use provisions.

8. Rule 2 (ui) of the Rales, 2O2O d.eq.ls uith 'competent Authoritg'and it means the commissioner, Greater Hyderabad Municipal Corporation. KI-.J W.P.No.2254 of 2025 7 I g. Learned Standing Counsel appearing for GHMC, on instructions, would submit that the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad is the competent authority to revoke the building permit 1 order and there is no delegation of power to the Deputy t Commissioner. Delegation of power is impermissible. / Therefore, respondent No.3 has no power or authority to issue revocation order. The Commissioner, GHMC is the competent authority to pass revocation orders

10. Viewed from any angle, the impugned revocation order dated 21 .O1.2O25 is liable to be set aside and accordingly set aside. However, liberty is granted to respond.ent No.2 to initiate fresh action, strictly in accordance with the procedure laid down under the GHMC Act, i955, by putting the petitioner on notice arrd affording him an opportunity of hearing. He shall complete the entire exercise within four (04) rn'eeks from the date of receipt of a copy of this order' I I I To 1 / KL,J W.P.No.2254 of 2O2S 8

11. Accorclingly, this Writ petition is disposecl of. There shall be no 61ds1 as to costs. As a scquel, the miscellaneous petitions, if any, pending in the Writ petition shall stand closed //TRUE COPY// SDi. L. LAKSHMI BABU ASSTSTA.\T REGTSTRAR Hyderabad. State of Telanoana. #CTION OFFICER 1. The Principle secretary Revenue (U.L.c) Department, secretariat Hyderabad, 2. The commissi-oner, Greater Hyderabad Municipat corporation, Tank Bund 3. The^Deputy.commissioner, Greater Hyderabad Municipar corporation, circre . No.20, GHI\rlC, Serilingampally Zone, Ranga ReOOy Oiitrici 4 I!9,1:.t City ptannei Grear6r Hyderabad rrlunicifai Cor[oration, 5. The Additional coilector Ufuan Lanir ceiring and competent Authority, Ranga 6. One CC to SMT. THAKURROOPA StNGH, Advocate [OPUC] 7. Two CCs to Gp FOR REVENUE, Uign Court foi ir," Stii" ofietangana, at B. One CC to sRt G.TVADHUSUDAN REDDY, SC FOR GHMC fopuc] 9. Two CD Copies Seritingampally Zone, Ranqa Reddv District. Reddy District, Hyderabad. Hyderabad. IOUTI - PSK./BN 6 HIGH COURT DATED:3010112025 I CC TODAY ORDER WP.No.2254 ot 2025 --a=' ;TAIS ): :) + 31 , ri. ?t?5 , DISPOSING OF THE WRIT PETITION WITHOUT COSTS 9\ ['r0 I i i I I i i I I I ; I