High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed theiewith. the High Court may be pleased to issue Writ, Order or Direction, or any other appropriate Order one in the nature of a WRIT OF MANDAMUS, declaring the action of the Respondent No.2 issuing Revocation Letter vide No.470771INARI(o010/2025 dated 03.02.2025 after 29 days of building permission given under TS-bPass vide No.470771lNARt(O010/2025 dated 08.01.2025 and the Petitioner has given intimation letter dated 04.O2.2025 and commenced construction upto pillar level where the authorities trying to demolish the structures over Open Plot in Sy.No.'156/E114, Plot No.4/1, bearing H.No.2-3-'110l2/A, 2-3-110121N2, admeasuring 160 Sq. yards, situated at Narayankhed Village and Mandal, Sangareddy District, Telangana State, as illegal, arbitrary and violation of principles of natural justice, and consequently set aside the Revocation Letter vide No.470771lNARKloolol2o2s dated 03.02.2025 issued by the Respondent No.2 by directing the Respondents not to interfere into the construction activities of the Petitioner over open PIot in Sy.No. 1s6tE1r4, prot No.4/ 1, bearing H.No.2-3- 110l2lA' 2-3-110121A12, admeasuring 160 sq. yards, situated at Narayankhed Village and Mandal, Sangareddy District, Telangana State. lA NO: 1 OF 2O25 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 preased to suspend the Revocation Letter vide No.470771lNARKtoolor2o2s dated 03.02.2025 issued by the Respondent No.2 by directing the Respondents not to interfere into the construction activities of the petitioner over open prot in Sv.No-.156/E'114, Prot No.4/1, bearing H.No.2-3-11or2rA, 2-3- 11or2rAr2, admeasuring 160 Sq. yards, situated at Narayankhed Village and Mandal, sangareddy District, Telangana state, pending disposar of the main writ petition. Counsel for the Petitioner: SRI M. A. K. MUKHEED Counsel for the Respondent No.1: Gp FOR MCpL ADMN URBAN DEV Counsel for the Respondent Nos.2 and 3: SRI KRISHNA REDDY, SC The Court made the following: ORDER THE TION'BLE SRIJUSTICE K. LAKSHMAN WRIT PETITION No.3878 of 2025 ORDER: Heard leamed counsel for petitioner and Sri Putta Krishna Reddy, learned Standing Counsel appearing for 2nd and 3'd respondents.

2. Petitioner is claiming that she is the absolute owner and possessor of open plot in Survey No.l56lEl/4, Plot No.4/1, bearing H.No.2-3-l l0/2/A, 2-3-ll0l2/N2, admeasuring 160 Sq. yards, situated at Narayankhed Village and Mandal, Sangareddy District, on the strength of a registered Gift Settlement Deed bearing document No.28l7 of 2024 dated

30.11.2024, executed by her son. She has submitted building permission application dated 08.01.2025 to 2nd respondent - Narayankhed Municipality, rep. by its Commissioner, Narayankhed Town, Sangareddy District, for construction of Ground + 1 Upper Floor, under TG-bPASS Act,2020, by way of self-certification and self-declaration, along with all relevant documents. On consideration of the same, l I \ 2 KL, J w.P.No.3878 of 2025 2'd respondent has issued building permit order dated

08.01.2025 in favour ofpetitioner. But,2nd respondent has not issued any work commencement letter within 2l days thereafter. Therefore, petitioner was about to start construction on the subject property on the strength of deemed permission 3 While the matter stood thus, 2nd respondent has issued show cause notice dated 17 .01.2025 to petitioner stating that the site under reference is not registered as plot prior to new LRS cutoff date dated 26.08.2020 and GEO location submitted by petitioner is not correct. Therefore, 2nd respondent sought explanation from petitioner as to why the building permission granted in her favour should not be revoked. Seven (7) days' time was granted to her to submit explanation. She has submitted explanation on 20 .01 .2025. Without considering the same, 2nd respondent has issued revocation order dated

03.02.2025. Pursuant to the said revocation order, she has submitted one more representation dated 04.02.2025 to 2"d respondent seeking to consider her request for commencement of construction work on the subject property. But, 2nd 3 KL, J w.P-No 3a7a of 2O25 respondent did not consider the same. Hence, she filed the present Writ Petition.

4. Learned Standing Counsel appearing for 2nd and 3'd respondents produced written instructions of 2nd respondent, wherein it is stated that subsequent to the issuance of show cause notice dated 03.02.2025, 2"d respondent has issued another show cause notice dated 06.02.2025 to petitioner stating that during the rounds of inspection, it has come to the notice of 2nd respondent that there is a commencement of construction work in the aforesaid premises by petitioner without valid permission from the competent authority, despite revocation of building permit order, and thereby, directed petitioner to stop the construction work immediately and submit explanation within seven (7) days. A copy of the said written instructions is placed on record.

5. Learned counsel for petitioner, on instructions, would submit that petitioner has not received any show cause notice dated 06.02.2025 issued by 2"o respondent. In view of the I \ 4 KL, J W.P.No.3878 of2O25 o same, learned Standing Counsel served a copy of said show cause notice on the learned counsel for petitioner in the open Court.

6. In the light of aforesaid discussion, this Writ Petition is disposed of granting liberty to petitioner to submit explanation to the said show cause notice dated 06.02.2025 within one (l) week from today. Thereupoq, 2nd respondent shall consider the explanation of petitioner and take necessary action against petitioner in accordance with law, within four (4) weeks thereafter. Till then, petitioner is directed not to proceed with the construction on the subject property and 2"d respondent is also not permitted to take further steps pursuant to the show cause notice dated 06.02.2025. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// SD/-MOHD. ISMAIL TANT REGISTRAR A SI \ J SECTION OFFICER I The Princioal Secretary, Municipal Administration and Urban Development o""prrilri",[L s;"iiii5i, t" siate of relangana' Hvderabad The Commissioner, Narayankhed Municipality' Narayankhed Town' Sangareddy District, Telangana State The Town Planning Officer, Narayankhed Town' Sangareddy District' Telangana State 2 q l I I To, ,, '

4. One CC to Sri M. A. K. Mukheed, Advocate tOpUCj t - ffii ecc to s ri ^il;:ilffJ, ?j,",ff,i3,'" "' Two CD Copies r:y?r!B?r,g $?:?jyrr,",rar.Administration urb"n Devetopment, Hish court J7 GJP / i I I HIGH COURT DATED:1110212025 ORDER WP.No.3878 ot 2025 -n.a;-- / 1BE STA.€

2.1 ,1-. i\' 2 3 APil 2[25 o r\ .) 1 * i)E.r p^.t C t \ I DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,/o // l// ,/t