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 any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents more particularly Respondent No.4 in Revoking the building permission application of the petitioner by way of issuing the impugned Revocation Letter vide 1r.No.418367/GHMC|1251812024, dated 13-12-2024, in respect of petitioner's Plot bearing No.274l Parl (West Side Part), in Sy.No.96, situated at Padmanagar, Phase-ll, covered under Block No.49, situated at Quthbullapur Village, Quthbullapur Circle-25, Kukatpally Zone, Quthbullapur Mandal, Medchal- Malkajgiri District, without following due procedure of law and not issuing any prior notice as illegal, arbitrary, in violation of Articles 14, 21 and 300-A of Constitution of India and also in violation of GHMC Act, besides being in violation of principles of natural justice and to consequently set aside the impugned Revocation Letter vide Lr.No. 418367/GHMC11251$12024 dated 13-12-2024, in respect of Plot bearing No.274l Part (West Side Part), in Sy.No.96, situated at Padmanagar, Phase-ll, covered under Block No.49, situated at Quthbullapur Village, Quthbullapur Cirr; e-25, Kukatpally Zone, Quthbullapur Mandal, It/edchal- Malkajgiri District, and thereby direct the respondents not to interefere with the legal construction cver his subject land i.e., Plot bearing Na.274l Part (West Side Part), in Sy.No.96, situated at Padmanagar, Phase-ll, covered under Block No.4g, situated at Quthbullapur Village, Quthbullapur Circle-25, Kukatpally Zone, Quthbullapur [\,4anrlal, tVedchal- Maikalgiri District, which is being carried out as per the building permission order vide Permit No. 418367lgB42lGHMCl2024 dated 16-11-2024. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the :ircumstances stated in the affidavit filed n support of the petition, the High Court may be pleased to suspend the impur;ned Revocation Letter vide Lr.No. 41B367lGHMCt12S1Bt2O24 dated 13-12-2024. in respect of PIot bearing No.274l part (West Side part), in Sy.No.96, situated at Padmanagar, Phase-ll, covered under Block No.49, situated at Quthbullapur Village, Quthbullapur Circle-25, Kukatpally Zone, euthbullapur Mandal, l\/edchal- lValkajgiri District, and thereby direct the respondents not to interefere with the legal construction over his subject land i.e., plot bearing No.274l Part (Wesl Side Part), in Sy.No.96, situated at Padmanagar, phase-ll, covered under Block No.49, situated at Quthbullapur Village, euthbullapur Circle- 25, Kukatpally Zone, Quthbullapur Mandal, [Vedchal- Malkajgiri District, which is being carried ou: as per the building permission order vide permit No. 418367198421GHI.AC12024 dated 16-11-2024 pending disposal of the above writ petition. Counsel for the Petitioner: SRI KATIKA RAVINDER REDDY Counsel for the Respondent No.1: Gp FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 TO 4: SRI K.RAVI MAHENDER, SC FOR GHMC The Court made the following: ORDER THE HONOT]RABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.13150 OF 2025 ORDER: (ORAL) Heard Mr. Katike Ravinder Reddy, learned counsel for the petitioner, and Mr. K. Ravi Mahender, leamed standing counsel for GHMC, appearing for respondent Nos.2 to 4.

2. Learned counsel for the petitioner submitted that impugned revocation letter issued by respondent No.4 the Deputy Commissioner, Qutbullapur Circle, vide Lr.No.418367/GHMC 11251812024 dated 13.12.2024, is illegal and without jurisdiction, as petitioner was not issued any show-cause notice before issuing revocation letter.

3. Leamed counsel for the petitioner placed reliance on the order of this Court in W.P. No.32421 of 2024 dated 20.11.2024, wherein, it was held that the Deputy Commissioner does not have any power to revoke the building permission under Section 7(1 1) of TG-bPASS Act 2020, Rule l2(viii) of TS-bPASS Rules 2020 and Section 450 of the GHMC Act 1955. 2

4. It is stated that in the impugned letter that during the verification of the title of the petitioner over the subject propeny, it was found that the subject property falls in open space of Bank Colony (Grarn Panchavat Layout) and the same has been handed over to the then Qutbullapur Municipality through registered gift deed bearin-s document No.3l56 of 1994 d,ar.ed 27 .04.1994 Petitioner dici not reply to the show-cause notice, hence, revocation letter was issued. However, according to leamed counsel for the petitioner, petitioner was not issued any show-cause notice before issuing impr:gned revocation letter.

5. In the light of above facts and circumstanccs, considering that revocation of building permission of the petitioner is allegedly made withorrt issuing show-cause notice; it will deprive the petitioner from constructing the building, and as substantial rights over the sub.ject property are in question, in the interest of .lustice, the impugned revocation letter vide Lr.No 4l8367/GHMC /1251812024 dated, 13.12.2024 is set aside. 1'he impugned revocation letter dated 13.12.2024 shall be treated as show-cause notice and thc petitioner is directed to submit reply 1o same within w I 3 a period of seven (7) days from the date of receipt of a copy of this order. On receipt of such explanation, respondent No.2 shall pass orders, duly considering the order passed by this Court in W.P. No.32421 of 2024 dated 20. I 1.2024, and by affording opportunity of hearing to the petitioner. This entire exercise shall be completed within a period of five (5) weeks from the date of receipt of a copy of this order. Until finalization of enquiry by respondent No.2, petitioner is directed not to undertake any construction in the subject property. 6 . With the above observations, the writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed I SD/. A. SRINIVASA REDDY ASSISTANT REGISTRAR //rRUE coPY/t Telanoana. /t, ,, secrtdftrrrcea ',. -n" Principal Secretary (M A U D), Secretariat Buildings' Hyderabad' State of z. ifi5'i1?iiiiissioner, Greater Hyderabad Municipal corporation, Tankbund 3. The Zonal Commisstoner' Kuaktpally Zone' GHMC' Hvderabad' 4 The Deputv commissioneJ,'A;iii'li;t'i'-Circle. t'lo'2s''c-1{c' Hvderabad' i.?*:$ jr"'stsx$ffi"1ts'|\/l'^rf SRBx-TIv:fl [[o3],?",,heState , 3":Hq:rarlHl?1i9xt =t$8J-, sc FoR G H MC rop u cl Road, HYderabad.

8. Two CD CoPies PSK GJP CC TODAY HIGH COURT DATED:2910412025 i l -I E i.,, |,t: 1! -i C \ =$ -\.-_.-c I :. I ^'./ ORDER WP.No.13150 of 2025 ! : i : i I I I t t I 1 I I t i I i l DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ ilto(