The High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stateq in the affidavit filed therewith, the High Court may be pleased to issue any ll/rit, order or direction more particularly one in the nature of a writ of mandamus qeclaring the action of the respondents mol_e, ,particularly respondent no.3 in revoking the building permission application of the petitioner by passing impugned Revocation Letter vide 1r.No.349710/GHMC|2110312023 dated 1910112024 in respect of G plus 2 Floors residential building on petitioners property i.e., Plot No.R-12, Iand admeasuring 200 Sq.Yards., in Sy.Nos.329/7 Part and 32918 Part, situated at Mahadevapuram Residential Projects of Gajularamaram Village, Quthbullapur Mandal, Under GHMC Gibe, Medchal- Malkajgiri District, as illegal, arbitrary, in violation of Articles 14,21 and 300-A of I the Constitution of lndia, in violation of GHMC Act, besides being in violation of principles of natural lustice anqw consequently set aside the impugned Revocation Letter vide 1r.No.349710/GHMC12110312023 dated '1910112024 issued by the respondent No.3 including the direction to the respondent Nos.2 and 3 herein to process and accord the building permission application of the petitioner dated 1511212023 in respect of G plus 2 floors residential bulking on petitioners property i.e., Plot No.R-12, land admeasuring 200 Sq.yards, in Sy.Nos.329/7 part and 32918 Pan, situated at Mahadevapurarn Residential Projects of Gajularamaram Village, Quthbullapur Mandal, Under GHMC Circle, Medchal- Matkajgiri District. 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 impugned Revocation Letter vide Lr.No.34971 0/GHMC121 1 O3|ZO23 daled 1910112024 issued by the respondent No.3 including the direction to the respondent Nos.2 arrd 3 herein to process and accord the building permission application of the petitioner dated 15112/2023 in respect of G plus 2 floors residential building on petitioners property i.e., Plot No.R-12, land admeasuring 200 Sq.Yards., in Sy Nos.32917 Parl and 32918 Paft, situated at Mahadevapuram Residential Projects of Gajularamaram Village, Quthbullapur Mandal, Under GHMC Circle, Medchal- Malkajgiri District, pending disposal of the above writ petition. Counsel for the Petitioner : SRI E.VENKATA SIDDHARTHA Counsel for the Respondents No.1 : GP FOR MCPL ADMN URBAN DEV Counsel for the Respondents No.2to4 : SRt K.RAVI MAHENDER, SC FOR GHMC The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSTIMAN WRIT PETITION No.4644 OF 2025 ORAL ORDER: Heard leamed counsel for the petitioner and Mr. K. Ravi Mahender, leamed Standing Counsel for GHMC appearing on behalf of respondent Nos.2 to 4.

2. The petitioner herein is claiming that he is the absolute owner and possessor of Plot No.R-12, admeasuring 200 square yards in Survey Nos.329l7 (Part) and 32918 (Paft), situated at Mahadevapuram Residential Projects of Gajularamaram Village, Quthbullapur Mandat under GHMC limits, Medchal Mandal, Medchal - Malkajgiri District, on the strength of a Gift Deed bearing document No.22388 of 2023, dated 28.06.2023. He has obtained building permit order dated 27.11.2023 from respondent No.3 for construction of Stilt for Parking + 2 Upper Floors. The petitioner has not yet commenced construction. In the meanwhile, respondent No.3 has issued show-cause notice 15.12.2023 stating as under: "As per ACP & TPS remarks,, The applicant has , submitted proposals in Sy. No. 329 a clarification received from Tashildar Quthbullapur Mandal, vide letter No. 8/35/2018, Dt. 05-01-2018. Wherein, informed as per Nakal . Sathwar ol I l1 I I XI,J \l l'No,16.44of2025 (iajularamaram Village available in the oflice the Sy. No. 329 is recorded as \Gairan Sakad (Govemment Land) and Also the Sy. No. 329ll to l0 of Gajularamaram Village have been notified under section 22-A of Stamps and Registration Acl and further informed land in Sy. No. 329ll to l0 ol' Ciajularamaram village is been treated as Ciovemment land\. Hence, the Prima facia title is not satisfied and the provisional permission may b.' revoked by issuing Show cause notice. Hencc you are hereby direcled to show cause in u riting as to why the provisional permission obtained by you shouldn't be revoked lor the reasons stated as above. Your explanation should be submitted within 7 days from the date of receipt ol the notice. failing which the provisional permission granted will be revoked without further notice."

3. Thus. respondent No.3 directed the petitioner not to proceed with any type of construction work. Seven (07) days time was granted to the petitioner to submit explanation. According to the petitioner, show-cause notice dated 15.12.2023 and revocation letter dated

19.01 .2024 rn,ere uploaded in the website on the same day. 'Ihe show- cause notice was not served on the petitioner. Without serving show- cause notice on the petitioner and without calling for explanation from 3 Kl"J w P. No.4tl4 of 2025 him, respondent No.3 has issued revocation letter dated 19.01.2024 on the aforesaid grounds. Challenging the said revocation letter, the petitioner filed the present writ petition.

4. Vide rejection order dated 26.07.2021, respondent Nos.2 to 4 have rejected the building application submitted by Mrs. G. Madhuri and she has frled a writ petition vide W.P. No-41542 of 2022 challenging the said rejection order dated 26.07 .2021. Vide order dated 15.11.2022, this Court set aside the said impugned rejection order dated 26.07.2021 and directed the GHMC Olficials to consider the building application submitted by her on satisfying prima facie title and possession of the petitioner therein. This Court also placed reliance on the principle laid down in Hyderabad Potteries Private Limited v. Collector, Hyderabadr.

5. Feeling aggrieved and dissatisfied with the said order, the GHMC Officials preferred an appeal vide W .A. No.l98 of 2023. Vide order dated 14.02.2O23,a Division Bench of this Court dismissed the said writ appeal.

6. Vide orders dated 04.01.2024,02.05.2024 and25.09.2024 in W.P. Nos.58, 12363 and 26465 of 2024,, respectively, Coordinate '. 2ool (3) ALD 600 I 4 KL,J W P No 4644 of2025 Benches of this Court had taken similar view as that of thr: view taken by learned Single Judge in W.P. No.41542 of 2022. The properry of the petitioner herein is also in the very same area. Therefore. the petitioner herein is also standing on the very same footing. To I maintain parity, the petitioner herein is also entitled for the same relief. Houever, the petitioner obtained building permit order dated

27.11.2023 lor construction of Stilt for parking + 2 Upper Floors. Thereafter. he has not obtained work commencement letter on completion of post verification in terms of Sections - 3,4 and 7 of the Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020.

7. fherefore, on the aforesaid grounds, the impugned revocation letter dated l9.Ol .2024 is set aside. However, the petitioner shall obtain work commencement letter liom respondent No.3 pursuant to the said building permit order dated27.11.2023, if not already obtained and then proceed with construction sfiitly in accordance rvith the building permit order dated 27.11.2023 and work commencement letter, failing which, liberty is granted to respondent Nos.2 to 4 to take action against the petitioner strictly in accordance with the cilIMC Ac! 1955. If the subject land is govemment _) , 5 KI-,J W.P. No 494 of 2025 land/Gairan Sarka lznd,liberfy is granted to respondent Nos.2 to 4 to obtain information from the Revenue Authorities and shall take action afresh strictly in accordance with the procedure laid down under Sections - 3,4 and 7 of the TS-bPASS Act,2O20.

8. With the aforesaid observations and directions, this writ petition is disposed of. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. To, \ SD.K.SREERAMA MURTHY ASSISTANT REGISTRAR / //TRUE COPY// 0 CTION OFFICER

1. The Principal Secretary (MAUD), Secretariat, State of Telangana, Hyderabad. 2. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad.

3. The Deputy Commissioner, Greater H.yderabad Municipal Corporation, Gajularimiram, Circle 26, Hyderabad.

4. The Assistant City Planner, GHMC, Kukatpally Zone, Circle No 26, Hyderabad.

5. One CC to SRI E.VENKATA SIDDHARTHA, Advocate tOPUCl 6.TwoCCstoGPFoRMCPLADIVINURBANDEV,HighCourtfortheStateof Telangana. [OUTI

7. One CC to SRI K.RAVI MAHENDER, SC FOR GHMC IOPUCI 8. Two CD CoPies BSK BS s i. I I l,i I i I i HIGH COURT DATE D: 1 810212025 ORDER WP.No.4644 of 2025 ( c .J EV{1 stA r6 0 6 llAR 2025 ?, c* D EsPetct' t DISPOSING OF THE WRIT PETITION WITHOUT COSTS ot ri'' b\s\'r