Abburi Tanuja v. 1. The State of Telangana

Petition Under Article 226 of the Constitution of lndia praying that in the circumstancei itated 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.4389461GHMC11667212O24 dated 15-11-2024 to the Building permission of the petitioner vide permit No.438946/87691GHMC12024 dated 07-10-2024 and direct to consider the petitioner application for building permission as observed in order WP.No.1686812022, dated. 26-04-2022, WA.No.403/2022 daled 05-07-2022 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.438946|GHMC|1667212024 daled 15-11- 2024 issued by respondents 2,3 and 4 and to process the Building permit No.438946/8769/GHMCi2024 dated 07-10-2024 of the petitioner by collecting the refunded amount and issue work permit order in respect.of Plot No.822-B, in Survey No.202, admeasuring 200 Sq yards, situated at Kondapur (V), Serilingampally (lt/), Ranga Reddy District, T.S., and bounded by North. Plot No.B03, South.30'Wide Road, East. Plot No.B23, West. Plot No.821., without insisting ULC Clearance Certificate. |.A.NO:1 OF 2025 Petition Under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the Revocation Letter vide Lr. No.438946lGHl\{C|1667212O24 dated 15-11' 2024 by direct the respondents 2,3 and 4 to process the Building permit No.438946/8769lGHMCl2024 dated 07-10-2024, by collecting the refunded amount and issue work permit order in respect of PIot No.B22-8, in Survey No.202, admeasuring 200 Sq yards, situated at Kondapur (V), Serilingampally (M), Ranga Reddy District, T.S., and bounded by North. Plot No.803; South.30' Wide Road; East. Plot No.B23; West. Plot No.821., without insisting ULC Clearance Certificate. Counsel for the Petitioner : SRI THAKUR ROOPA SINGH Counsel forthe Respondent Nos.1 & 5 : AGP FOR REVENUE Counsel for the Respondent Nos.2 to 4 : SRI G.MADHUSUDHAN REDDY The Court made the following ORDER THE HONOURABLE SRJ.IUSTICE K. LAKSHMAN WRIT PETITION No.5315 OF 2025 ORDER: Heard Smt. Thakur Roopa Singh, learned counsel for dre petitioner, Sri G.Madhusudan Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4 and learned Assistant Government Pleader for Assignment for sth respondent.

2. Petitioner is claiming that she is the absolute owner and possessor of plot tr*o.822-B in Survey No.202, admeasuring 2OO square yards, situated at Kondapur Village, Serilingampally Mandal, Ranga Reddy District, circle of Greater Hyderabad Municipal Corporation (GHMC) on the strength of a regis+-ered Sale Deed bearing Document No.17403 of 2024 dated 2l .O9.2O24. She has obtained building permit order dated O7.1O.2O24 for construction of Stilt for parking + 2 upper floors. However, she has not obtained work commencement letter. Even according to the petitioner, she has not commenced constructiot-t. In the 1 2 meanwhile. 3.d respondent has issued shou, cause notice dated 25.1O.2024 to the petitioner stating as follows "The Provrsional permission obtarned for construction o[ individual Residential Building vide reference 1.* cited, has been examined in detail by t1le Post Verifrcation tearn as per the rules ar-rd regulations in force. It is noticed lhat it has been obtained by suppressing the material facts ald by misrepresr-.ntation of documents facts as stated belorr,.: "As per the inspection & scrutiny of\n repor: of the TPS & ACP-20, the site\n under reference the proposal for construction of Stilt +2.upper lloors for\n residential use puroose in plot r,o.822-8 Sy.No 202\n Situated at Kondaptrr(V) ancl otrsened that the\n site covered by Govt. Lar-rd altd has been entered in prohibrtory watch\n register i.ecorrling as ceihng surplus lald and the prima facie Lrtle is not\n established. Further the proposal sire is falling in unapproved layout amd the\lt same is not regularized under any G.O. issued by Government from time to time.\n\n Hence you are\n hereby directed to shou, cause in writing as to why the provis;onal permission\n obtained by you shouldn,t be revoked for the reasons stated as above. }'our\n explanation should be submitted within 7 days from the daLe of receipt of this\n notice, failing which the provisional permission gralted shall be revoked rvithou t further notice." Hence you are hereby directed to show cause in r,rriting as t,.r lr'hy the pror.isional pcrmission obtained by;,ou shouldn't be rcvoked lor the reasons stated as above. your ,:xplanation 3 should be submitted within 7 days from the date of receipt of this notice, lailing which the provisional permission granted wrll be revoked without further notice.,,

3. Therefore, 3.d respondent directed the petitioner to - submit explanation within seven days from the date of receipt of the said notice. It appears petitioner has not submitted any explanation to the said show cause notice. Therefore, 3.a respondent has issued revocation letter dated 15.11.2024 revoking the said building permit order. Cha_llenging the same, petitioner filed the present writ petition.

4. Accor4irrg to the petitioner, 3rd respondent has not served copy of the shov'' cause notice dated 25. IO.2024 on the petitioner and even in the revocation ietter dated 05. 11.2024, there is no reference to the said show cause notice. 5 Placing reliance on an order dated 26.04.2022 jn W.P.No.16868 of 2022, learned counsel for the petitioner would submit that respondent_GHMC cannot consider the title disputes, that the subject property is a Government land, it is entered in prohibitory watch register and also that it is ceiling surplus land. According to the petitioner, respondent_ l I 4 GHMC has to consider only prima facie title and pima facie possession of the petitioner over the sultject property. Challenging the said order dated 26.O4.2022 in W.P.No. 16868 of 2022, respondent Corporation has preferred an appeal uide W.A.No.403 of 2022. Vide judgment dated 05.07.2022, a Division Bench of this Court dismissed the said writ appeal.

6. It is relevant to note that 3.4 respondent, being Deputy Commissioner, GHMC has no power, authority or jurisdictior-r to rer.oke the building permission and it is 2"a respondent Commissioner, GHMC, who is having por,r,er to revoke the building permission. Thelefore. 12",1 respondent has to initiate action afresh for revocation of building permission issued in favour of petitioner

7. Therefore, without going into the merits and demerits of the case. only on the said ground, the impugned revocation letter dated 15.71.2024 is set aside. Matter is remalded bar:k to 2"a respondent with a direction to initiate fresh action, serve fresh show cause notice on the petitioner granting se ver (07) days time to petitioner. On receipt of the said shon- cause notice, petitioner shall subniit explanation f, along with copy of order dated 26.O4.2022 in W.p.No.16868 of 2022 andjudgment dated 05.07.2022 in W.A.No.403 of 2022 within seven (07) days. There alter, 2.,d respondent shall pass orders on consideration of the aforesaid aspects within four (04) weeks. Till then, petitioner shall not proceed with the construction. Subject to the result of the said enquiry, on obtaining work commencement letter, petitioner shall proceed with the construction strictly in accordance with the aforesaid building permit order and work commencement order, faiiing which liberty is granted to respondent Nos.2 a,d 3 to take action against the petitioner in accordance with the procedure laid down under the Greater Hyderabad Municipal Corporation Act, 1955.

8. Writ petition is shall be no order as to costs. accordingly disposed of. There Miscellaneous petitions pending, if any, shall stard closed. //TRUE COPYII sD/- P.ch ASS . NAGABHUS HAMBA T T REGISTRAR To TION OFFICE R yderabad Hyderabad '1. The principal Se cretary, Revenue (U.L.C) Department, Secretariat State of Telangana at H 2. The Commissio ner, Greater Hyderabad Municipal Corporation, Tank Bund 3. The Deputy Commissioner G rea ter Hyderabad Municipal Corporation Circle No.20, GHMC, Serilingam palty Zone Ranga Reddy District 4. The ASSt. City Planner, G reater Hyderabad Municipal Corporation, Serilingampa lly Zone, Ra nga Reddy Diskict 5. The Additio nal Collector Reddy District. Hvderaha Urban Land Ceiling and Competent Authoritv Ra.,.,. 6 7 B 9. SA GJP I { IyJ":r?:j" Srii- REVENUE' Hish courr ror the state or reransana at One CC to SRt THAKUR F :if#tr i?B",i i,i8#;ilXxi,x,# ?SSl., ff i Si B; [i 6 I J I HIGH COURT DATED:03103t2025 ORDER WP.No.6315 of 2O2S NI1 ..J E OA 1\ ti, ( a. l\t, \$ N\ ? I .) .) ^\ \: DISPOSING OF THE W.P WITHOUT COSTS. c9 @@ s, {