"S;ii;g";puitv v. Oeoartment, secretariat, HVderabad '

't. The State of Telangana, Rep by .its Principle Secretary' Revenue (U'L'C) ' z ii5"ciljiilj;-ri,/d;;b;a'NiJii"iilico|.poration, Rep. by its commissioner' 3. The Greater Hyderabad Municipal Corporation Reo by Deputy Tank Bund HYderabad. Commissioner, circte nil)0, 6FivC-seririniampally Zone' Ranga Reddy Municipal corporation' , ?iltt'"h.",. citv Planner, Gr9?teI. .Hvderabad - 5. The Additional coltector'U;;;;;'d C;liing ano Competent Authoritv' Ranga ...RES'ONDENTS Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated 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 RevocationLetterVideLr.No.44T60llGHMC/18259/2024dated06112l2o24lolhe Building permission of the petitioner vide permit No'447601/9542/GHMCl2O24 dated o5l11l2c1t4 irnd direct to consider the petitioner applica ion for building permission as observed in order wp.No.1686gt2o:22 dat,)d 2610412022, wA.No.403/202,t d1ls6 0510712022 as being illegal arbitrary rnd violative of Article 14, 2'1 and i00-A of constitution of lndia and conseouenrly set aside the above the Rr:vocation Letter vide Lr. No.447601/G l-llvcj/'181 59 12024 dated 0611212024 issur:d try respondents 2, 3 and 4 and to processi the Building permit No.447601195,+2tcltlAcl2024 dated 05/1 112024 of the petitione r collecting the refunded amount ;rrrcj issue work permit order in respect cf H I Jo.1 -571303, on Plot No.303-A n S;rrrvey No:207, admeasuring 200 Sq yards, situated at Sri Ramnagar, Korr a(,rr (V), Serilingampally (M), Ranga Rr:dcJy Di.;trict, T.S., and bounded by North. Irlot No.314, South. 30 inches Wide Roacl, E:rst. plot No304, West. Plot No.:t02.,,ryithout insisting ULC Clearance Certificatr-. lA NO: 1 OF 2021i . Petition rrnder llection'151 cpc praying that in the oircumslences stated in the affidavit filed n s;rrpport of the petition, the High court may be pleased to set aside the Re/ocat,c,n Letter vide Lr. No.447601/GHlucr l 82,;g t2o24 dated 0611212024 by rlirect,rg the respondents 2, 3 and 4 to pror;ess the Building permit No.447601/954 213llMcl2o24 dated 05-1 1-2024 collectinc the rerunded amount and issue work [',ernt]t order in respect of H No.1-571303, on pl< t No.303_A, in Survey No.207. adnr:asuring 200 Sq yards, situated at S!- Ramni,gar, Kondapur (V), Serilingampa ly (l\4), Ranga Reddy District, T.S., and t,oundec by North. plot No.3'14, South. 30' \Vide Road, East. plot No.3O4, West. plot N r.302., without insisting ULC C eara rrr;e Certificate Counsel for the Petitioner: Smt. THAKUR ROOPA SINGH Counsel for the Respondent Nos.1&5: AGp FOR ASSIGNMENT Counsel for the'Fler;pondent Nos. 2to4: SRI G. MADHUSUDHAN filEDDy, SC FOR GHM.C The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.6755 OF 2025 ORDER: Heard Smt. Thakur Roopa Singh, learned counsel for the petitioners, Sri G.Madhusudhan Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4 and learned Assistant Government Pleader for Assignment for 5th respondent.

2. Petitioners herein are claiming that they are the absolute owners and possessors of PIot No'33-A admeasuring 2OO square yards in Survey No.207, situated at Sri Ramnagar, Kondapur Village, Serilingampally Mandal, Ranga Reddy District, on the strength of a registered Sale Deed bearing Document No.18157 of 2024 dated O7'10.2024. They have obtained building permit order dated O5.I|-2O24 for construction of Stilt for parking + 2 upper floors' Petitioners have not commenced construction. In the meanwhile, 3'd respondent has issued show cause notice dated 11.71'2024 stating as follows: 2 -'Th r' I:rt' isjonal permission obtained for constrrc tion of indiir.j,.1111 Rcsidential Building vide rcferenc,: l" cil,,rd, has been e::rrined in detail by the post Verihcatron tcatn .ls per thr: r tlr:s,x1d regulations in force. It is noticed that it h rs becn obt ri,1c,i b._v suppressing the material [.rcts. :r rrl by misrtpr'--sr:ntation of documents facts as statecl belr,u,. A: rrr tlre scrutiny and rnspection report of'lps li: A(]) 10. riri MANCHALA VINEET, S/O. SRI \tAN()t/\t A L.\ " llirlN KUMAR, 2. MR.MANCHALA \rlSH^:, lirJMA .1, :,'() S;RI MANCHALA RAVI KUMAR. 3. MR,MITTAKAN I'I 11 vlS IIIDHAR REDDY, S/O.SRI MITTAI(AN I 'U;t, SIIoTHAM REDDY, 4. MR.MIT'|AKANTI ANLrt)it[ p lilr )I Y submitted proposals the consl-lctiolr :1. ',rs ccntial building consist of 1 stilt + 2 upper loor s or,, ; r lrr Plot No: I,LOT BEARING NO:303 A, Localir. : Sl ,t 1 'A|{\ACiAR, Survey No: 2OZ, Gar.hrborr.lr(\ . l:r 1r garnpally Circle ,2O, Serilingampaliv Z,ott,. S er I r garnpallv(M), GHMC, Rangareddy (Distl [nspccrl i t i: sire, verified the submitted documents an,l obs(,11,e l t :rl. tlrc surve-y numbers 207 are cover-ed un<lr r. lrolf litecl properties as CEILING SURPLUS L.1NL,. t,r.ic \()(l ij re(iuired from the concemecl authorities 1()r issn ,r' lr.rrlcling permission. The applicant has not :rubroittr:,1 .r r\ (L()clrnlent rvith regard to the regularizatr,ln o- s{1,I i),ll rrnr ttte ULC authorities, In this regarrl, a shor . LL[ r nolice may- be issued to the applica,tt \\ i1[.r i rl ,er lion to sho\a, cause as to u,hy the J)].ovrsriona p, rrr ssiorr obtarned by self-certification shoull nrt :x l( ,,( . :(l u,ithin 7 days, otherwise the sam,: u ili Lr <:i r,-c[]:cl rithout arv further notice." Hr:r'rce vr, r :rrc hereby directed to show causc irL r,\rrjtinq as to -,)\,isiona1 pcrmission obtained by yotL shorrld, r,1 bc rvhl' :h rr l) revokCr Ior the reasons stated as above. your e:pl:rrlrtion shoulrl b,. sLrlrmitted within 7 days from the date oi. re(.,r pt of 3 this notice, failing which the provisional perrnission granted will be revoked without further notice "

3.3.drespondentdirectedthepetitionerstosubmit explanation within seven days' When the petitioners went to the office of the 3rd respondent to explain the same orally' he refused to hear the same' Thus' according to the petitioners' they have submitted explanation orally' Without considering the same, 3'd respondent has issued revocation letter dated o6.L2.2o24revokingtheaforesaidbuildingpermitorder. Challenging the same, petitioners filed the present writ petition

4. Whereas, Sri Gflr{adhusudhan Reddy' learned Standing Counsel appearing for respondent Nos'2 to 4' on instructions, would submit that 3'd respondent has issued show cause notice dated ll '71'2024 with the aforesaid allegations and despite granting seven days time' petitioners herein failed to submit explalation' Therefore' 3'd respondent has revoked the building permit order dated 7l'll'2O24 uide revocation letter dated 06 '12 '2024 ' There is no error in it' 4 5 rerusal of revocation letter would revea that there is no re ft rr: rr:e to the show cause notice datr:d I I .1 .2024. 6 rr; discussed supra, the buildinl; perm it order is datecl O[.]' 2024. petitioners obtained the sau,] building permit crrle r under Telangana State Building I,ermission ApprovrLl anJ Self Certihcation System (TS-bpASS) ,ct, 2O2O by uplc rerl rrg ail relevant documentr; by way of self-cert ific;,,1 i on a,d self-declaration. Therr:afr er ,vithin 21 days, 3 'l r:spondent has to conduct post-verific; rtion and issue q'rrr l< ( ommencement retter. otherwise i,_ ar rounts to deemed pr:r-rtission in terms of Section Zl )) cf 1 elangana State B rr ld Ln q permission Approval and Sjell. Ce .tification System TS tt)ASS) Act, 2O2O and Rule 12(vii) of t,S_bpASS Rules, 2O! 0. ,iven then, 3.a respondent has issur:cl r :vocation Ietter da re I tt > 12.2OrO.

7. H(,\vever, petitioners lailed to obtai t_r work commen(re n,rit letter pursuant to building permrl. or.c er dated 05. 11.20:2. . 8 .3, rlespondent has to consider p in,,t" fttcie t.itle and pnma far: ' 't o ssession of the petitioners o\rr:r th e subject j i 5 property. He cannot revoke the building permit order dated O5.ll.2L24on the ground that petitioners have not submitted NOC from the concerned authorities ald they have not filed regularization proceedings' This Court uid'e order dated 26.04.2022 in W'P'No'16868 of 2022 considered the said aspects and directed the Municipality not to insist for NOC from the Revenue Department' This Court also placed reliance on principle Iaid down in judgment in Hyderabad Collector, HYderabad Potteries Private Limited Districtr. Feeling aggrieved bY the said order' GHMC uide W.A.No.4O3 of 2022' The said preferred an appeal appeal was dismiss ed udejudgment dated O5'O7 '2022' In fact, petitioners have to bring the said facts to the notice of 3'd respondent by submitting written explanation' Petitioners v cannotcontendthattheyhavesubmittedexplanationorally. g. As discussed supra' there is no reference to the show cause notice in the revocation letter dated 06'12'2024 ' Thesameisinviolationofprinciplesofnaturaljusticeand procedure laid down under TS-bPASS Act' 2020' 12001(3) ALD 600 6 1(). It is relevant to note that 3.a t-:spondent, being Deputy ,.loro missioner, GHMC has no po!/er, ar thority or jurisdicti )1r 1.o revoke the building permiss..orr al 'l it is 2.a responcle nt (]ommissioner, GHMC, who is hzuring power to revoke tl re building permission. Therefore, 12.a r --spondent has to Ln t iate aclion afresh for revoca,l.ior o building permissir n issued in favour of petitioners. 1 I Iherefore, without going into the m erits and demerits oi Jre case, only on the said ground, lhe rmpugned revocatiof l,::ter dated 06.72.2024 is set aside. Matter is remand:r lr;r:k to 2"d respondent with a direction ro initiate fresh acti )n, serve fresh show cause notice on the l,etitioners granting; r,e,.,r -r (07) days time to petitioners. 3rr rec:ipt of the said shov i zr -rse notice, petitioners shall subm it e r planation along r,"-rtli cr,py'of order dated 26.O4.2022 in W.l),Nr,16868 of 2022 and jr-Lrlqment dated 05.07.2022 in W.r\.No.401 of 2022 within s3\ err i07) days. There after, 2"a responde.nt r.,hall pass orders cn c::rrsideration of the aforesaid asJtects u,thin four (O4) u,eekr,,. f ill then, petitioners shall not Eroc:eed with the construc ti Dr- . Subject to the result of the said er.r quiry, on obtaininr3 rvork commencement letter, pr:titiont rs shall 7 proceed with the construction strictly in accordance with the aforesaid building permit order and work commencement order, failing which liberty is granted to respondent Nos'2 and 3 to take action against the petitioners in accordance with the procedure laid down under the Greater Hyderabad Municipal Corporation Act, 1955'

12. Writ Petition is accordingly disposed of' There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. SDI AS A . sRtNrvASA BEP9I / SIANT REGISTRAR / //TRUE COPY// 1 The Principle Secretary, Revenue (U'L'C) Depa T.S.,Hyderabad. 2. The Commission er, Greater HYderabad MuniciPal Co SECTTON OFFICER t,S ecretariat, ration, Tank Bund jrrff ffi i'ncrce 'i{-:,rj[ffi $",tm13i#,"1[,2]1{:itr,6#J, " + f; : fSfttr#lii["",n1Pr1 [i:flI B':fi i"], n d co m pete nt A uth o ritv, Ra ns a ;Pi:ti8'"3hiiHrxt,t"-"'rn?'I,?JilajJR?SlilS'.Yfjorreansana r 3#'33?.t3'*1"8]'*oon,"oHAN REDDY' sc FoR GHMctoPUCI 9. Two CD CoPies BM GJP Yr To, i i l I HIGH COURT DATED:0610312025 \ ,."'5'. -il,t Sr 4r6 {n 2 I ,tttt 65 i t.o. \: p -\ ,r^ * ORDER WP.No.6755 of 2025 ._) DISPOSING OF THE WRIT PETITION WITHOUT COSTS [8. Vt' t.{ - 5-"tt\ar i i I I I I I I I I l. t i