High Court · 2025

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleasefl 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 Revocqtion Letter vide Lr. No 468617iGHMC/01 1212025 daled 0810212025 to the puilding permission of the petitioner vide permit No.468617/0036/GHMCl2025 dated 03-01-2025 and direct to consider the petitioner application for building permis$ion as observdd in order WP.No.16868t2022 dated 26t0412022, wA.No.403/2022 dated 0510712022 as being illegat arbitrary and violative of Article 14,21 and 300-4 of constitution of lndia and consequenily set aside the above the Revocation Letter vide Lr. No.468617iGHMcto112l2o2s dated 09to2t2o2s issued by respondents 2,3 and 4 and to process the Building permit No.468617/003613HMC12025 dated 03-01-202s of the petitioner by goilecting the Iglqnd-ed amount and issue work permit order in respect of Wester4 part of H.No.1,571317/8, on Plot No.3l7 (Type-B), in Survey No.205, admeasUring 20Q !O Vards, situated at Srr Ramnagar Cqlony, Kqndapur (V), cHMC Serilingampally, Rangateddy District, T.S. and bounded by North plqt No 309 $guth 30, Wide Road East Eastern of Flot No.317 West, P.lot No 3't8., Without insislin'g ULC Clearance Qertificate lA NO: 1 OF 2025 Petition qnder Section 151 CPC praying that in the circumstances stated in the.affid-avit f].!ed in sunport of the petition,'th; High cqurt may be pleased to set aside lhe Revocation Letter vide Lr. No.4686171GHMC!O112|ZOZ5 dateq directing the respondents 2, 3 and 4 to process the Buitding perrpif 9.8-9?--a-q1S_bV No.468617/0036/GHMC/202s dated 03-01-2025 coilecting tne retunded-ambuni and isgqe wa|k permit or.Qer in respect of Westerh part of H No.1-571317/B, on PlotNp.317 (fyqe-B) in gurvey N0.205, admeasuring ?00 Sq yards; situated al lJi laryryer Colony Kondapur (V), GHMC Serilingampally, Banga nqqgy -S:.And. 9o-un_de-d by North plot No.30p; South. 30, Wide Rogd; Egqf, Urstflct, I Eastern of Plot Nq.317; west prgt No.318., without insisting ULC elqarapqq Certificale 9ounse!for the Petltionqrs: SBt. THAKUR RgOpA SU!9H Counsel for the Respondent qo.1: qP FOR REVENUE 99ln:e! for the Respondgnt Nos.2 tq 4: SRI G. MADHUSUDHAN BEDDY Sq FOR Gl.gater Hyderabad Municipal Gorporation gpqnsq! fo7 tfie Rqspon(gnt f{o.5: AGp FOR AS$|GNIUENT The CoUrt made thg follawing: OBqfn THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.66O4 OF 2o25 ORDER: Heard Smt. Thakur Roopa Singh, learned counsel fo'r the petitioners, Sri G.Madhusudal 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 they are the absolute owners and possessors of Western Part of H No.1-57/3I7/8, plot No.317 (Type-B), ln Sy.No.2O5, admeasuring 200 square yards, situated at Ramnagar Colony, Kondapur Village, Serilingampally Mandal, Ranga Reddy District, circle of G.reater Hyderabad Municipal Corporation (GHMC) on the strength of ' a registered Sale Deed bearing Document No. 10018 of 2015 dated 15.08.2015. They have obtained building permit order dated O3.O1.2O25 for construction of Stilt for parking + 2 upper floors. However, they have not obtained work commencement letter. Even according to the petitioners, they have not commenced construction. In the 2 meanwhile, 3.d respondent has issued sholr, cause notice dated 21.01.2025 to the petitioners stating as follows: "The Provisional permission obtained for construction of individua-l Residential Building vide reference 1., cited, has been examined in detail by the Post Verilication ream as per the rules ald regulations in force. It is noticed that it has been obtained by suppressing the material facts and by misrepresentation of documents facts as stated below: "As per the inspection & scrutiny of report of TpS & ACP-2O, the proposaL for construction of Still. +2 upper floors for residential use purpose in plot rro.3l7 -B (Part) Situated at Kondapur(Vl and observed that the site covered by Govt. Lard and has been entered in prohibitory watch regtster recording as ceiling surplus land and the prima facie title is not established. Further the proposal site is falling in unapproved layout and the szrme is not regularized under alry G.O. issued by Government from time to time. Hence you are hereby directed to show cause in writing as to why the provisional permission obtained by you shouldn't be revoked for the rehsons stated as above. Your explanation should be submitted rvithin 7 days from the date of receipt of this notice, failing which the provisional permission granted shall be revoked without further notice." Hence you are hereby directed to show cause in wr.iting as to why the pror..isional permission obtained by you shouldn,t be revoked for the reasons stated as above. your explanation should be submitted within 7 days from the date ol-receipt of 3 this notice, tailing which the provisional permission granted will be revoked without further notice."

3. Therefore, 3'd respondent directed the petitioners to submit explanation within seven days from the date of receipt of the said notice. It appears petitioners have not submitted any explanation to the said show cause notice. Therefore, 3.d respondent has issued revocation letter dated 08-02.2025 revoking the said building permit order. Challenging the same, petitioners filed the present writ petition

4. According to the petidoners, 3.d respondent has not served copy of the show cause notice dated 27.01.2025 on the petitioners and even in the revocation letter dated O8.O2.2O25, there is no reference to the said show cause notice.

5. Placing reliance on an order dated 26.04.2022 tn W.P.No. 16868 of 2022, learned counsel for the petitioners would submit that respondent-GHMC czrnnot 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 lald. According to the petitioners, respondent-GHMc has to consider only prima facie title and 4 prtma facie possession of the petitioners over the subject property. Challenging the said order dated 26.04.2022 in W.P.No.16868 of 2022, respondent Corporation has preferred an appeal ulde W.A.No.4O3 of 2022. Vide judgment dated

05.O7.2022, a Division Bench of this Court dismissed the said writ appeal.

6. It is relevant to note that 3.a respondent, being Deputy Commissioner, GHMC has no power, authority or jurisdiction to revoke the building permission and it is 2"a respondent Commissioner, GHMC, who is having power to revoke the building permission. Therefore, 2"d respondent has to initiate action afresh for revocation of building permission issued in favour of petitioners.

7. Therefore, without going into the. merits and demerits of the case, only on the said ground, the impugned revocation letter dated O8.O2.2O25 is set aside. Matter is remanded back to 2"d respondent with a direction to initiate fresh action, serve fresh show cause notice on the petitioner granting seven (O7) days time to petitioner. On receipt of the said show cause notice, petitioners sha_Il submit explanation along with copy of order dated 26.04.2022 in W.p.No. 16868 of 2022 and 5 judgment dated 05.07.2022 in W.A.No.4O3 of 2022 within seven (07) days. Thereafter, 2"d respondent shall pass orders on consideration of the aforesaid aspects within four (04) weeks. Till then, petitioners sha-lI not proceed with the construction. Subject to the result of the said enquiry, on obtaining work commencement letter, petitioners shall 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.

8. Writ Petition is accordingly disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. To, SD/-A. SRINIVASA REDDY S ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Principle Secretqry Revenue (U.L.C) Department, Secretariat Hyderabad 2. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Hyderabad.

3. The-Deputy Qemmisgioner, Qreater Hyderabad Municipal Corporation, Circle No.20, GHMC, Serilingampally Zone, Ranga Reddy District. 4. The Asst. City Planner, Qreater Hyderabad l\rlunicipal Corporation, Serilingampally Zone, Ranga Reddy District.

5. The Additional Collector Urban Land Ceiling and Competent Authority, Ranga Reddy Disrriif, Hy{91abad. \ 6, One CC to SRT THAKUR ROOPA STNGH Advocate [OpUC] 7. One CC to SRt c MA?I[1S.IDHAN REDDY SC FOR creater Hyderabact ::-2" ' ! u to GP FoR REVEN,E ,High court for the state of rerangana. Municipal Corporation tOpUCl 6'.?r?tt ' Iy;"*"rt::" t35i;'nts'oNMENr' 10 Two CD Cooies KKS BS 6 Hisf coud ror the state of reransana ar HIGH COURT DATED:0 5t03t2025 ORDER WP.lfo.6604 of 2025 SI AI. 7- t I un nrn zun .l ,.;/ .r. .-*--------)" ,< t\ ( DISPOSING OF THE WRIT PETITION WITHOUT COSTS C9c"C', n I r