High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or Direction, more particularly one in the nature of writ of Mandamus, declaring action of the Respondents more particularly Respondent No.4 herein in issuing the Revocation Letter Dated 29.1O.2024 vide Letter No.41 1683/GHMC|1O967l2O24 revoking the building permit order Dated 26.06.2022, vide Permit No.411683/578OIGHMC12024, in respect of Plot No.67, admeasuring 500 sq.Yds. or 418 Sq.Mtrs. in Sy.No.200, situated at Sreepuram colony, Sahebnagar Kalan village, Hayathnagar Mandal, under GHMC limits, Ranga Reddy District without rejecting the building permit order Dated 26.06.2024, vide Permit No.41 1683/578O|GHMC|2O24 without any inspection is i I l I illegal, unjust, arbitrary, against to the principles of Natural Justice, in violation of Article 14, 21 and 300-4 of the constitution of lndia and against the provisions of the GHMC Act, 1955, against to the TG Building Rules 2012, and consequently to set-aside the Revocation Letter Date 26.09.2024, in Letter No.41 '1 683/GHMCt1096712024 in respect of the Land bearing Plot No.67, admeasuring 500 Sq.Yds. or 4'l B Sq.Mtrs. in Sy.No.200, situated at Sreepuram colony, Sahebnagar Kalan village, Hayathnagar Manadal, under GHMC limits, Ranga Reddy 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 No.41 1683/GHMC11096712024, issued by the Respondent No.4 in respect of the Plot No.67, admeasuring 500 Sq.Yds. or 418 Sq.mtrs, in Sy.No.200, situated at revocation order Dated 29.10.2024 in Lr. Sreepuram Colony, situated at Sahebnagar Kalan village, Hayathnagar Mandal, Ranga Reddy District pending disposal of the Writ Petition. Counsel for the Petitioners: SRI K.PRADEEP REDDY Counsel for the Respondent No.l: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 TO 4: SRI SRINIVASA RAO PACHWA, SC FOR GHMC The Court made the following: ORDER 1'IIE IION'BLE SRT,IUS'[IC[ K. I,AKSIIN'IAN \YRIT PE]'[]'ION No. 6712 of 2025 OIU)ER: Heard learned counscl for pctitioners and Sri Srinivasa Rao Pachwa, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) appedring for respondent Nos.2 to 4.

2. Perusal of the record would reveal that t'icle Agreement of Sale cum General Power of Attomey witl-r Posscssion bearing docurnent No.308 of'2007 dated 25.10.2007, petitioners had agreed to sell plot No.67, admeasuritrg 500 Sq yards, tn Survey No.200 situated at Sreepuram Colony, Sahebnagar Kalan Village, Hayathnagar Marrdal, Rauga Reddy District, within the limits of GHMC, irt t-avour of K. Mallesham, GPA holder. Thereafter, GPA holder submitted an application dated 26.06.2024 for construction ol'Stilt for Parking + Upper Floors and obtained building permit order dated 26.06.2024. Pursuant to the said building perrnit order, I GPA holder had taken up constluction activity in the subject proq:rY and when it was in progress, vide notice _dated 2 IiL, J W.P.No.67l2 of 2025

19.10.2024. 4'r' respondent, Deputy Commissioner, seized the subject propcrty by invoking the power under Section 461A of Greater Hyclcrabad Municipal Corporation Act, 1955 (for short 'thc Act'). on the ground that GPA holder: has made unautholized construction of cellar. Aggrieved by the said notice datcd 19.10.2024, GPA holder filed a Writ petition vide W.P. No.-ll2l3 of 2024. Vide order dated 08.11.2024- this Courl disposcd ol the said Writ Petition by setting aside the .ra i said nolice (lated 19. 10.2024 and directing 4tr' respondent to unseal thc subject property within two (2) days from the date olreceipt of copy of the said order. Further, this Cour-t granted liberty h GPA holder/petitioner therein to challenge revocation letter dated 29.10.2024. This Court also directed GPA holderipetitioner therein not to proceed with the constructlon activity pursuant to the building permit order dated 26.06 2024. Pursuant to the said order dated 08.11.2024 passed by this Court, GPA holder submitted number of representations to GHMC authorities. However, seal of the subject prol)er1y was opened on 02.01.2025. Therefore, 3 KL, J W.P.No 6712 of 2O25 challenging the said revocation letter dated 29.10.2024 issued by 4'r' respondent, GPA holder filed the present Writ Petition.

3. Perusal ol the impugned revocation letter dated

29.10.2024 would reveal that it was issue<I by 4'r' respondent on the ground that GPA holder made unauthorized construction and that tl.rere is existing structure rvith cellar in the subject site. However, 4'l' respondent has no power or authority or jurisdiction to issue the impugned rcvocation letter.

4. Section 7(l l) of the Telangana State Building Perr.nission Approval and Self Certification System (TS-bPASS) Act, 2020, deals with approval of buitding pennissions. The same is relevant and is extracted as under: "The pelrnission issued under deerned clause can be revoked by the comrnissioner within 2l days fiorn the date ol deerred approval if it is found that deerned approvaI has been obtained by rnis-representation of the lacts or false staternents, and/or against the building rules, regulations and Master Plan land use provisions."

5. Section 450 of Greater Hyderabad Municipal Corporation Act, 1955, deals with the power of Con.rrnissioner I 4 IiL, J W.P.No.6712 of2025 to canccl permission on the ground o1- material misrepresentation by applicant. Thc same is relevant and is extracted as under: "[f at any tirne after pennission to procecd with any building or rvork has been given, the Cornmissioner is satisflecl that such perrnission was granted in consequence ol any rnaterial misrepresentation or fraudulent statement contained in the notice given or information fumished uncler section 428 or 433 or in the fufther infomration if any" furnished, he nray cancel such pennission and any 'work done thereunder shall be deerned to have been done $' without his permission."

6. Rule l2(vii) ol the Telangana State Building Permission I Approval and Self'-certification System (TSbPASS) Rules, 2020 (for short 'the Rules, 2020'), says that the permission issued under clecmed clause can be revoked by the Competent Authority rvithin 2l days from the date of deemed approval without arlv notice, if it is fbund that deerned approval has been obtained by rnisrepresentation of the facts or false statelnents. and / or against the buildiug rules,, regulations and Master Plan land use provlslons. \ 5 KL, J w.P.No.67l2 of2025 I

1. Rule 2(vi) o1' t[.re Rules,2020, deals with 'Colnpetent Authority' which nleans the Cornmissioner, Greater Hyderabad Municipal Corporation.

8. Learned Standing Counsel appearing for respondent Nos.2 to 4 lairly submit that 4tr' respondent has no power to revoke the building permit order. lt is the Commissioner who is having power to revoke the building permit order.

9. Perusal olphotographs liled along u,itl'r thc prcsent Writ Petition would reveal that there is existing structure ol' one pillar.

10. Learned counsel appearing for petitioners. or1 instructions, would submit that GPA holder will remove the said pillar and submit a representation to 4th respondent wittr a request to issuc work commencement letter and thereafler, GPA tiotder would proceed with the construction activity pursuaut to the said rvork cornmencement letter.

11. ln the light of the said submissions, without going into the merits or demerits of the case, the impugned revocation letter dated 29J0.2024 issued by 4'r' respondent is set aside KL. J \{'.l'].No 6712 or 2025 r- 3pd this Writ Petition is disposed of directing GPA holder to demolish the said pillar/existing structure within one week from today and submit a representation to 4'l' respondent with a request to issue work commencement letter pursuant to the building permit order dated 26.06.2024. Thereupon, 4'h respondent shall consider the same and issue work commenccment letter strictly in accordance with the procedure laid down under Greater Hyderabad Municipal Corporation Act, 1955, within a period four (4) weeks thereafter. Subsequent to the obtaining of work commencement letter, GPA holder is at liberty to proceed with the construction activity strictly in accordance with the building permit order and work comrnencement letter. There shall be no order as to costs. Misr;ellaneous applications, if any pending, shall stand closed. To SD/.K. SREE RAMA MURTHY GISTRAR //TRUE COPY// OFFICER 1 The Principal Secretary, Municipality and Urban Development Department, Secretariat, Hyderabad, State Of Telangana. The Commissioner, Greater Hyderabad Municipal Corporation, Tankbund, Hyderabad. The Zonal Commissioner, L B Nagar Zone, GHMC Hyderabad. The D^eputy-C-o mm issioner, G HMC, Circle No. 3, Hayathnagar, Hyderabad. One CC to SRI K.PRADEEP REDDY, Advocate IOPUCI Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Cou( for the State of Telangana, at Hyderabad. [OUT] One CC to SRI SRINIVASA RAO PACHWA, SC FOR GHMC tOpUCI Two CD Copiesr -

2. J. 4. 5. 6.

7. 6. PSK. BS. 3 .:-- ^ '<tdr- - * HIGH COURT DATED:0510312025 ORDER WP.No.6712 of 2025 '. \r'lu >i4 rG. ?4 li,r, 2[25 P e a tspn-r.. ) o ,4 I \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS c$4''W