The High Court · 2025

6. Sri. T. Ravi Sankara Sarma, S/o. Not known to this Petitioner, Aged about 45 years, Occ Business, Resident of C206, Balaji Bliss Apartments, Brindawan Estates, Niampet Road, Hyderabad - 85.

7. Sri. P. lndra Prakash, S/o. P. Siddi Mallesham, Aged about 56 years, Occ Advocate, Resident of Flat No. 403, Chayamina Enclave, A.S.Raju Nagar, Kukatpally, Hyderabad - 72.

8. Sri. A. Venu Gopal, S/o. Not known to this Petitioner, Aged.about-45 years' Occ Business, Resident of H.No. 5-1 1-30, Old Bus Stand, Nirmal Town and District, Telangana.

9. Sri Peddi Satyanarayana, S/o. Raiesham, Aged. about 58. -y_ears, .Occ Business, Resident of H.No. 10-7212, Soubhagya Nagar, Opp IDPL Colony' Hyderabad. ...RESPONDENTS 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the revocation order dated 27 -01-2025 in letter No. W.P.No. 3z4lSHZlPlglHMDAl2O2l issued by the 3rd Respondent whereby and where. under revoking the draft layout in Layout Permit No. 000110/LO/Plg|HMOA|2O23 dated 30-05-2023 in file No. (Application) 055233/SMD/LT/U6/HMDA/1 5062022 pertaining to open Plots in Sy.No.s 1OOlA3l2,72lAl2,72lE2l2, 1o2lA, 102lAa,1O2lU, 102lUu, 102lEe, 1O6lE2lAl2, 17 to 114lAalRaal2, 106lAl1A, 1O6lAalAnal1, 1O6lE2lAl1, 1O6l-fhal1El2, 1o6ffhal2E, 106/Tha/3E, 106iTha/lAa, 106lAaffhal2Aa, 106/Aa/Avul, 106lAalN2l2, 106lDaa1l1, lOOlAalDaall, 106lAalDaa1l1, 106/Aa/tuAa3, 1O6lE2lN22l3, 106/Aa/Aum/3, 106/Aa/Avu/3, 106/Aa/Anal2Al113 admeasuring an extent of 119716.4 sq meters situated at Peddatopra Village, Shamshabad Mandal, Ranga Reddy District on the alleged ground that the replies submitted by this Petitioner is not satisfactory and there are no merits and the layout permission issue is overlapping with the existing Gram Panchayath Layout and some plots regularized by HMDA in the year 2012 and 2018 and concluding that the same are amount to misinterpretation or suppression and thus the Respondent have power to revoke the permission obtained by false statement as per section 22 of HMDA Act 2008 without considering the reply of the Petitioner and without giving opportunity of being heard and without furnishing the copies of the complaint made by the un-official Respondents is being illegal, arbitrary and violation of Principles of Natural Justice, and consequently to set aside the order dated 27-01-2025 in letter No W.P.No. 324|SHZP\g|HMDN2OZ1 issued by the 3rd Respondent. 1A NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to letter No.W.P.No. suspend the order dated 27-01-2025 in 3Z4lSHZlPlglHMDAl2)21 issued by the 3' Respondent whereby and where under 7revoking the draft layout in Layout Permit No. 00011O/LO/P|g/HMDN2O23 daled 30-05- 2023 in file No. (Application) 055233/SMD/LT/U6/HMDA/15062022 pertaining to open Plots in Sy.No.s 106lA312, 72lAl2, 721E212, 1O2lA, 1O2lAa' 1O2lU, 1O2lUu, 102lEe, 1OOlE2lN2, 17 to 114lAalRaal2, 106/A/1A, 106lAalAnal1, 1061E21N1, 106fihallEl2, lO6ffhal2 E, 106/Tha/3E, 106/Tha/lAa, lOGlAaffhal2Aa, 106/AalAvul, 1O6lAalN2l2, lO0lDaalll, 106lAalDaal1, 106lAalDaalll, 106/Aa/A/Aa3, 106lE2lAl22l3, 106/Aa/Aum/3, 106/Aa/Avu/3, 106lAalAnal2A/1/3 admeasuring an extent of 119716.4 sq. meters situated at Peddatopra Village, Shamshabad Mandal, Ranga Reddy District, pending disposal of the above Writ Petition. Counsel for the Petitioner : SMT.ALMAS MOHAMMED Counsel for the Respondent No.1 : GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2to5 : SMT.D.MADHAVI, SC FOR HMDA Counsel forthe Respondent No.6to9 : .- The Court made the following: ORDER w'.- / / THE HON'BLE SRI JUSTICE K.LAKSHMAN WRIT PETITION No.5893 OF 2025 ORDER: Heard Snrt. Almas Moharnmed, leamed counsel for the petitioner Companv and Srnt.D.Madhavi, leamed standing counsel for the lespondent Nos.2 to 5.

2. Perusal ol the record would reveal that 3'd respondent has issued a shorv cause notice dated 03.04.2024 to the petitioner herein stating that he has oblained luy out permission by way ol m isrep resentat ion and suppression of lact. The petitioner.has submitted its explanation dated 20.05.2024. Without considering the said explanation and rvithout passing any order, 3'd respondent has issued one more show causc notice dated 17.12.2024 referring to the representation subniitted by the respondent Nos.7 to 9. Vide letter dated

28.12.2021. the petirioner sought copies of the said representations. Vide leucr datecl 08 02.2025, rhc Chief planning Officer (RR) Shamshabad Zone. HMI)A. reqrrestcd the petitioner to remit an amount ol Rs.l412l- in lavour o1'3"r respondent tbr the purpose of furnishing copies of thc said (iocLrments trcaring that the representarion dated

28.12.2021 as an applicarion under Right to Information Act, 2005 ) (RTI). However, the petitioner has remitted the said amount on

19.02.2025. Without considering the same, 3'd respondent revoked the lay out permission dated 30.05.2023 of the petirioner vide impugned revocation order dated 27.01.2025. Chatlenging the same, the pctitioner fi led the present writ petirion.

3. Perusal of the record would reveal that 3'd respondent has issued show cause notice dated 03.04.2024 on the complaint todged by respondent Nos.6 to 9 stating that the petitioner. obtained lay out permission by way of suppression and misrepresentation of'facts- There is overlapping of the survey numbers. The petitioner has also submitted explanation dated 20.05.2024. Without considering the sarne and without passing orders, 3'd respondent has issued one nlore show cause notice dated 19.12.2024 referring the representations of respondent Nos.6 to 9. The petitioners sought copies of the said representations by way of submitting representation dated 28.12.2024. The City Chief Planning Officer directed the petitioners to remit an amount of Rs. l4l2l-. The petitioner has remitted the said amount on 19.02.2025. Even then, without fumishing copies of the same, without consideration representation, dated 28.12.2024, 3'd respondent revoked lay out permission, vide revocation order dated 27 .01.2025. Therefore, the same is in violation of principles of natural justice. Therefore, without going !,-r3+ 3 into merits and dernerits of the case, only on the said ground, the impugned revocation order dated 27 .01.2025 is liable to be set aside.

4. ln thc light olthe above discussion, the writ petition is allowed. The irnpugrrecl revocatiot.t order dated 27.01.2025 is set aside. The matter is remandecl back to 3'd respondent with a direction to consider the representation dated 28.12.2024 by fumishing copies of representations relcrred in the show cause notice dated 19.12.2024 to the petitioner within one ( I ) rveek from the date of date of receipt of a copy of the said order. On receipt of the same, the petitioner shall submit explanation to thc l"r respondent. to the show cause notice dated 1g.12.2024 u'ithin tcn clavs therealier. 3'd respondent shall consider the same and pass appropriatc orders strictly in accordance with law by putting the petitionrr ancl respondent Nos.6 to 9 on notice and affording them an opportunitr'. I-[owe','er, he shall dispose it of within four (4) weeks thereaftcr. Consequentlv. rniscellaneous petitions, if any, pending in this writ petition, shall stancl c losed. \,. //TRUE COPY// SD/-L.VIJAYA LAKSHMI TANT REGISTRAR SECTION OFFICER 1 2 3 4 The Principal Secretary, Municipal Administration and Urban Development Department, State of Telangana, Secretariat, Hyderabad. The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority, Swarna Jayanthi Commercial Complex Ameerpet, Hyderabad. The Metropolitan Commissioner, The Hyderabad Metropolitan Development Authority, Swarna Jayanthi Commercial Complex Ameerpet, Hyderabad. The Planninq Officer, (RR), Shamshabad Zone, (HMDA), The Hyderabad Metropolitan Development Authority, Swarna Jayanthi Commercial Complex Ameerpet, Hyderabad.

5. I he Divisional Accounts Officer (M)' (HI\4D4)' The Hvderabad Metropolitan Development Autnoiivi s";;;;;'i#a'niiii c6hmerciai Co mplex Ameerpet' Hvderabad. iourt for the state of Telanqana. [OUTI 6 irL;"bCi;srrlrr.nluns MoHAMMED' 4qY9c3J' toPucl -oeV"Hign 7. rwo ccs to GP rodiTc"pi'Ari'tili'l-uRijAt'i 8. ffi;'bt'6 di,ri.6.rr'rnoHnvl, sc FoR HMDA IoPUcI 9. Two CD CoPies. BSK$i, .1\ , I I I HE 5 i-l{ i ( ( 3 1t', ( t HIGH COURT DATED:2710212025 ORDER WP.No.5893 of 2025 ALLOWING THE WRIT PETITION WITHOUT COSTS \ -rr-.r- J