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 an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the revocation orders passed by the respondent No. 2 in notice No. 435084/NALG/109512024, dated 07-11-2024, through which revoking the permission dated 25-09-2024 granted in favour of the petitioner, for construction of a building consisting of Stilt for Parking plus 2 Upper Floors, in open house Plot admeasuring 292.0O Sq. Yds equal to 244.1S Sq. Mtrs in Plot No. 3, Ward No. 6, Block No. 1, TDP Office Area, Municipal euarters Area, Nalgonda Town and within the limits of the respondent No. 2 Municipality, without issuing any notice and without giving an opportunity of hearing to the petitioner and without assigning any valid reasons, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, '19 and 21. of the Constitution of lndia and also violative of the provisions of Telangana Municipalities Act, 2019. Consequently set aside the same, thereby direct the respondent No. 2 authority not to prevent the petitioner in any manner in proceeding with the construction of Stilt for Parking plus 2 Upper Floors residential building, in her above stated open house plot of land as per permission granted dated 25-09-2024. lA NO: 1 OF 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 suspend the revocation order passed by the respondent No. 2 through notice No. 435084/NALG/1O9512O24, dated 07-11-2024, theteby direct the respondent No. 2 authority not to prevent the petitioner in any manner in proceeding with the construction of Stilt for Parking + 2 Upper Floors, in open house Plot admeasuring 292.00 Sq. Yds equal to 244.15 Sq. Mtrs in Plot No. 3, Ward No. 6, Block No. 1, TDP Office Area, Municipal Quarters Area, Nalgonda Town, within the respondent No. 2 Municipality, as per permission granted dated 25-09-2024. Counsel for the Petitioner: SRI K.VENUMADHAV Counsel forthe Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI PUTTA KRTSHNA REDDY, SC FOR MPCL The Court made the following: ORDER a THE HON'BLE SRIJUSTICE K. LAI(SHMAI\ WRIT PETITIONNo.405l of 2025: ORDER: Heard learned counsel for petitioner and Sri Putta Krishna Reddy, learned Standing Counsel appearing for 2"d respondent Nalgonda MunicipalitY, rep. bY its Commissioner, Nalgonda.

2. Petitioner is claiming that she is the absolute owner and possessor of plotNo.3, admeasving2g2 Sq. yards, situated in WardNo.6, Block No'l, TDP Office Area, Municipal Quarters Area, Nalgonda Town and within the limits of 2nd respondent Municipality. She has obtained building permit order dated

25.09.2024 from 2nd respondent for construction of Stilt for Parking + 2 Upper Floors, by way of submitting application under TG-bPASS Act, 2020, by way of self-declaration and self-certification. She is proceeding with the construction in accordance with the said building permit order. However, she has not filed copy of work commencement letter in proof of i I I I I 2 KL, J w P.No.4O5l o{2025 : the same While the matter stood thus, 2'd respondent vide notice of revocation dated 07.11.2024 has revoked the said building permit order dated 25.09.2024 on the following ground " As recommended by ACP and TPS, the frle is retumed. In view of the reasons aforementioned, the approval given is hereby revoked. You are hereby directed not to carry out any construction activity." Challenging the said notice of revocation dated 07..11.2024, petitioner has filed the present Writ Petition.

3. Perusal of the said notice of revocation dated 07.11.2024 would reveal that 2"d respondent has revoked the building permit order dated 25.09.2024 stating that .as reeommended by ACP and TPS, the file is returned'. However, he has not mentioned the said recommendations in the said notice of revocation dated 07.11.2024. It is a cryptic order and it is passed without assigning any reasons. Therefore, on the said ground only, the impugned notice of revocation dated I .1// 3 KL, J W-P.No.4051 of 2025 O'T.ll.2O24isliabletobesetasideanditisaccordingly'set aside.

4. At this stage, learned Standing Counsel appearing for 'respondent, on instructions, would submit that 2nd 2nd respondent has already issued a show cause notice dated 26.10.2024 to petitioner. He has produced a copy of show cause notice dated 26.10.2024 issued by 2"o respondent to petitioner, before this Court' The same is placed on record'

5. Even perusal of the said show cause notice would reveal lhat2"d respondent has not mentioned any reasons' Therefore' the entire action of 2od respondent is in violation of the procedure laid down under the Telangana Municipalities Act'

6. Accordingly, show cause notice dated 26'10'2O24 and impugned notice of revocation dated 07'1 l'2O24 are set aside and the matter is remanded back to 2nd respondent with a direction to 2"d respondent to issue fresh show cause notice to petitioner specifically mentioning the allegations or 4 I(L, J w.P.No 4O51 of2025 recommendations of ACP and TpS, calling for the explanation from petitioner. He shall consider the explanation of petitioner and afford an opportunity ofhearing and then, pass appropriate orders in accordance with law. However, 2nd respondent shall complete the said action within a period of four (4) weeks from the date of receipt of a copy of this order. Till then, petitioner shall not proceed with the construction activity pursuant to the building permit order dated 25.09.2024. l. With the aforesaid directions, this Writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. /TTRUE COPY// SD/-K. SREE RAMA MURTHY RAR TANT REGIS CER To Secretariai Buildings, Hyderabad, State of Telangana.

1. The Principal Secretary to the Municipal Administration Department' z. ine Commissioner] Nallonda Municipality, NS!S-9!q? Proper and District' e. One CC to SRI K.VENU-MADHAV, Advocate [OPUC] 4. iil cct tJci ron nacpl ADMN & URBAN DEV, High court for the state s. onJCC-to Snipurrn KRISHNA neooY, sc FoR MPCL [oPUC] 6. Two CD Copies of Telangana, at Hyderabad. [OUTI PSK BS s HIGH COURT DATED:1210212025 ORDER WP.No.4051 of 2025 ( + 5 o i.re:il^, t 1 (a 2 0liii 2025 I !Esoarc rr( f a DISPOSING OF THE WRIT PETITION WITHOUT COSTS cr' %-