The High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction more particularly one in the nature of writ of Mandamus and declaring the action of the respondents No.2, 3 and 4 in isSuing Revocation Letter vide Lr. No.458470/GHMC/2056012024 daled 21-o1-2025 lo the petitioner vide permit the Building permission of No.458470/'l04qercU AC\ZOZ4 dated 04-12-2024 and direct to consider the petitioner application for building permission inspite of orders of this Honble Court vide WP.No.455i2025 dated 07 tO1 t 2025, WP.No. 1 644412023 dated 1 1 -1O-2O23 and wP.No.26O72l2O21 dated 2\t1ol2o21, as being illegal arbitrary and violative of Article 14,21 and 300-A of constitution of lndia and consequently set aside the above the Revocation Letter vide Lr. No.458470/GHMCi2056012024 dated 21-o1- 2025 issued by respondents 2,3 and 4 and reconsider the Building permit No.45847o/1044Brcr1Mcr2oz4 dated o4/12r2o24, of the petitioner in respect of Plot, No.426-B,.in Srrvey No.71,.. admeasuring iZO Sq yards, (Out of 150 Sq yards), situated at Kondapur (V), Seritingam-pafiy (Mj,-under'eiVC, nlngu Reddv District, T.S., and bounded oy uoin. 'pioi r.io.+zs, south. part of prot No 426-B,East. prot No-427, west. 30 wide coao., witnout insisting ur_c Clearance Certificate lA NO:1 OF 2025 Petition under rsection 151 cpc praying that in the circumstances stated in the affidavit fired in s;upport of the p"iition, ir.tl iigr, court may l" p-r"*"J t" direct the respondenrs 2, 3 and 4 io set isiae *re Revocation L.etter vide Lr. No.458470/GHMcr2oi6or2o24 dated zltolizois' .nd reconsider tn" ariroing permit No.45B470r1o448tcH MCt2o24 dated o4t12r2ozq, eii rri"ozolel i, Survey No.71 , admeasuring 1?9. Sq Vrra", iOri or tSO Sq VarOrl,-riirrtJO ,r Kondapur (v), seriringampaity 1n,';, unaLr cHvc, hanga neoiy oirrii.t, i.s., bounded by North. ptot No.425, South. part ot ptoi-f.fo.+ZO_B; East ptot No.427; "no West: 30'Wide Road., without insisting ULC Ctearance Certificate. Counsel for the petitioner: SRI THAKUR ROOPA SINGH Counsel forthe Respondent No.1 & S: Gp FOR REVENUE counsel for the Respondent No.2 to 4: sRr G. MADHUSUDAN REDoy, SC FOR GHMC The Court made the following: ORDER : r-;=:tY* +:*r:-r:-:{ HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.2341 of 2o25 ORDER Heard learned counsel appearing for the petitioner and Sri G. Madhusudan Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4. Perused the record.

2. Petitioner is claiming that she is the absolute owner and possessor of plot No.426-8 in Sy.No.71, admeasuring l2O Sq. yards, situated at Kondapur village, Serilingampalli Mandal, Ranga Reddy district, on the strength of a registered sale deed bearing docurnent No.1430 of 2OI9, dated 30.01.2019. She 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 I(L,J W.P.No.23 + I of 2025 2

03.01.2025 lor revocation of the said building permit order grantod. to her. Seven days time was grrrntecl to submit expl;a-nation. According to the petitioner, she has submitted oral explanation. Without considering the said explanation. respondent No'3 has issued rcvocation letter, dated 2l.Ol '2025 by revoking the "rforesaid building permit order. Aggrieved by the said rrction of respondent No.3, the petitioner filed the present writ petition. 3 Respondent No.3 has issued revocation letler, dated

21.OI.2025 on the following grounds "...As per the scrutiny and inspection repoft of TPS & ACP - 20, the proposaL for constnlction of Stilt +2 npper .,t7oors for residential use putpose in plot no'426-B Sy 1{o 71 Situated at Kono|apur(V). and obserued that ttrc site couered bg Gout- Land and has been entered in prohibitory uatch register recordbrg as ceiling surplus land and the pima far:ie title is n-ot est ablished.. Furlher the proposal site is J ''-tlling in ttnapprouetT lagout and' the same is not regulaiTld under ang G.C. issued bg Gouentment from time to tim'"" Hence the issuance of commencement certificate for Stilt 12 upper foors is- here bg reuocation- l \ .r.L]It KL,J W.P.No.234l of 2025 -) As per the inspection & scruting of report of the TPS, the proposal for construction of Stilt +2 upper Jloors for residential use purpose in plot no.426 B Sg.No. 71 Situated at Kondopur(V). and obserued that the site couered bg Gout. Lond and ho,s been entered in prohibitory uatch register recording as ceiling surplus land and the pima facie title is not established. Further the proposal site is falling in unapproued lagout and the same is not regulaized under anA G.O. issued by Gouernment from time to time. Hence Aou are herebg directed to shotu cause itt uriting as to tuhy the prouisional pennission obtained by you shouldn't be reuoked for the reasons stoted as aboue. Your explonation should be submitted within 7 doys from the date of receipt of this notice, failing uhich the prouisional permission gronted shcLll be reuoked uithout fuftlrcr notice. Inspected the site under rekrence the proposal for construction of Stilt +2 upper Jloors for residential use putpose in plot no.426-B Sg.No. 71 Situated at Kondapur(V). and obserued that the site couered by Gout. Land and has been entered in prohibitory utatch register recording as ceiling surplus land and the pima facie title is not estab4sfLed. Further the proposcLl site is falling in unapproued layout and the same is not regulaized under anA G.O. issued bg Gouernment from time to time. Hence Aou are hereby directed to shotu cause in uriting as to whg the prouisional pennission obtained by gou shouldn't be reuoked for the reasons stoted as aboue. Your explanation should be submitted u.tithin 7 dags from the date of receipt of this notice, failing which the prouisional permission granted shall be reuoked utithout furlher notice.." I l KL,J W.P.No.2.i4 I ot 2(J25 4

4. Resporrdcnt No.3 has no power to issue r(,vocation letter, dafed 21.O1.2025 and revoke the building permit order granled to the petitioner.

5. Section 7 ol the Telangana State Building Permission .Approval and Self Certification Syslem (TS_ bPASS) Act, 2O2O deals with 'approval of building permissions' and the same is relevant which is extracted as under: 1 2 3 4 5 () 7 o 9 10) ......... 1 1) The permission issued under deerned clause can be revoked by the commissioner within 21 days from the date of deerned approval if it is found that deemed appr<,va1 has becn obtained by mis-representation of the lacts or false statements, and/or against the I \ KL,J W-P.No.2341 of 2025 -) building 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 same is relevant which is extracted as under "If at any time afier permissioru to proceed tuith ang building or uork has been giuen, the Commissioner is satisfied that such permission tuas granted in consequence of ang mateial misrepresentation or fraudulent statemen.t contained in the notice giuen or infonnation furnished under section 428 or 433 or in the further information if ang, furnished, he mag cancel such permission and any u-tork done thereunder shall be deemed to haue been dorue tuithout his p ermis sion. "

7. Rule 72 (uiii) of the Telangana Sta,te Building Permission Approual and Self CertitTcation Sgstem ("S-bPASS/ Rules, 2O2O (hereinafter referred to as 'the / /I IiL,J W.P.No.23 ll ol 2025 6 Rules, 202Cr) says that the permission issuerl under deemed clausr: can be revoked by the Competent Authority i.r'ithin 2l days from the date of deemed if it is found that deemed approval uril.hout arry notlce, approval has bcen obtained by misrepresentation of the facts or false statements, and / or against the building rules, regulatior-is and Master Plan land LLse provlslons'

8. Rule 2 (ui) of the Rules, 2O2O deals uith 'Comltetent Authoritg'and it means the Commissioner' Greater Hyderabad Municipal Corporation' g. Learned Standing Counsel appearing for GHMC' on instructions,, r'"'ould submit that the Commissioner' Greater IJytlerabacl Municipal Corporation, Hydr:rabad is the competent authority to revoke the building permit order and therc is no delegation of power to the Deputy Commissioner, Delegation of power is impermissible' Thereforc, r'espondent No.3 has no power or authority to \ KL,J W.P.No.2341 of 2025 7 issue revocation order. The Commissioner, GHMC is the competent authority to pass revocation orders

10. Viewed from any angle, the impugned revocation order dated 2l .O1.2O25 is liable to be set aside and accordingly set aside. However, liberty 1S granted to l l respondent No.2 to initiate fresh action, strictly ln accordance with the procedure laid down under the GHMC Act, 1955, by putting the petitioner on notice ard affording him an opportunity of hearing. He shall complete the entire exercise within four (04) weeks from the date of receipt of a copy of this order.

11. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/-A.V.S. PRASAD T EGISTRAR ASSIST //TRUE COPY// SE TI N OFFICER To, Telanoand. Secretariai Hvderabad. 'l . The Princiole Secretary Revenue (U.L.C) Department, The State of z. iiJCtr;l'niissionLi, rne 6reater Hyderabad Municipal Corporation, Tank a. ifie oe6utv commissioner, The Greater Hyderabad Municpal corporation, - ciiife fo.io, cnuc, Serilihgampallv Zond, Ranga Reddy District' a. ine Assi. Otv Planner, Grealer Hyderabad Municipal Corporation' Bund Hyderabad. Serilingampaily Zone, Ranga Reddy District' Reddy Districl, Hyderabad.

5. The Additional Collector Urban Land Ceiling and Competent Authority, Ranga 6. One CC to SRI THAKUR.ROOPA S|NGH, Advocate [OpUC] 7. One CC to SRI G, MADHUSUDAN REDDY, SC foT GHMC IbPUCI 8. Two CCs to GP FOR REVENUE, High Court for the State oi Tetanlana. 9. Two CD Copies BN BS tYp ,-. . a, :..1rrrt++.|.* ' -. "qrrt*.i!.!Gl3t9, r .t, :t,'.. 4.-...Ur+.r-. a-4 .-c# :.."Stts4_4 b- ' ,-, i \ l HIGH COURT DATED:3010112025 CC TODAY I c ORDER WP.No.2341 ot 2025 I I 1i1 ( () {r. o 0 1 F:i :i?5 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ).{