Gundeti Rakesh Kumar Yadav v. The State of Telangana

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 writofmandamusdeclaringtheactionoftherespondentsmoreparticularly Respondent No.4 in Revoking the building permission application of the petitioner by way of issuing the impugned Revocation Letter vide 1r.No.418360/GHMC/12515/2024,dated13-12-2024'inrespectofpetitioner's Plot bearing No.274lPart (East Side Portion)' 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 pr/or notice as illegal, arbitrary, in violation of Articles 14' 21 and 300-4 of ConstitutionoflndiaandalsoinviolationofGHlr/CAct,besidesbeinginviolation of principles of natural justice and to consequently set aside the impugned '-= Revocatron Letter vide Lr.No.418360/GHMCI12s1sl2o24, datecl 13-12-2024, in respect of petitioner's Plot bearing No.274lpart (East Side portic n), in Sy.No.96, situated at Padmanagar, Phase-ll, covered under Block No 4g, situated at Quthbullapur Villaee, Quthbullapur Circle-25, Kukatpally Zon:, euthbullapur Mandal, [t/edchal- lvlalkajgiri District, and thereby direct the respondents not to interefere with the legal construction over his subject land i.r:., plot bearing No-27 lParl (East Side Portion), in Sy.No.96, situated at padnranagar, phase- 11, covered unde,r Block No.49, situated at euthbullapur Village, euthbullapur circle-25, Kukatpallv Zone, Quthbullapur IVlandal, t\/edchal- Mirlkajgiri District, which is being can'ied out as per the building permission permit No. 41 8360/9843/GH'.AC t 2024 dated 1 6-1 1 -2024 lA NO: 1 OF 2025 'ide Petition under section 1si cpc praying that in the circurrstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the impuEned Revocation Letter vide Lr.No. 418360 lGHt\rICl12s1st2o24 daled 13-12-2024, irr respect of petitioner's plot bearing No.2r 4,,pari (East side Portion), in sy.Nc.9(1, situated at padmanagar, phase-ll, cover,ld under Block No.49, situated at Quthbullapur village, euthbullapur circle-2s, h.ukatpally Zone, Quthbullapur [\,4andal, Medchal- Malkajgiri District, and therr:by direct the respondents not to interefere with the legal construction over t.is subject land i.e., Plot bearing l\o.2t4lPart. (East Side portion), in Sy.No.,)6, situated at Padmanagar, Phase-1 1, covered under Block No.49, situated ;,rt euthbullapur Village, Quthbullapur circle-25, Kukatpally Zone, euthbullapur trrlirndal, Ir,4edchal- tvalkajgiri District, wl-rich is being carried out as per the building ;.lermission vide Permit No. 418360/9843/cHtv|cl2o24 dated 16-1 1-2024, pending disposat of the above writ petition Counsel for the Petitioner: SRl. KATIKA RAVINDER REDDY counsel for the Respondent No.1 : Gp FoR MUNrcrpAL ADMTNTSTRATION Counsel for the Respondent Nos.2to4: SRI K. RAVI MAHENDER, The court made the foilowing: oRDER AND URBAN DEVELOPMENT sc FoR GHMC ''.:. THE HONOURABLE SRI JUSTICE B. YIJAYSEN REDDY WRIT PETITI ON No.l3 12608 2025 ORDER: (ORAL) Heard Mr. Katike Ravinder Reddy, leatrred-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 C\rcle, vide Lr'No'418360/GHMC 11251512024 dated 13.12.2024, is illegal and without jurisdiction' as petitioner was not issued any show-cause notice before issuing revocation letter.

3. Learned 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(11) of TG-bPASS Act 2020, Rule l2(viii) of TS-bPASS Rules 2020 and Section 450 of the GHMC Act 1955' ./ *;, 2

4. lt is stated that in the impugned letter that du'.ing the 't: verification o1 t.he title of the petitioner over the subject propefty, it was found thal the subject property falls in open space cf Bank Colony (Gram Panchayat Layout) and the sdme has been handed over to the ther.r Qutbullapur Municipality through registcred gift deed bearing document No.3l56 of 1994 dated 27.(t4.1994. Petitioner did not reply to tl-re show-cause notice, hence, re.,,ocation letter was isr;tred. l]owever, according to leamed counsel for the petitioner', petitioner was not issued any show-cause notic() before issuing impuutr,:d revocation letter.

5. In thc light of above facts and circumstances, con.;idering that revocation of buitding permission of the petitioner is allegedly rnade r,',ithout issuing show-cause notice; it will deprive the petitioner fionr .constructing the building, and as substantial rights over the subject. property are in question, in the interest ofjustice, the impugne<l revocation letter vide Lr.No.418360/GHMC 11251512024 <lttted 13.12.2024 is set aside. The impugned revocation lctt,:r dated 13.12.2024 shall be treated as sholy-cause notice and thr-r petitioner is directed to submit reply to same within 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.3242 1 of 2024 dated 20. 1 1.2024, and by affording oppoftunity 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 undert ake any construction in the subject property. 1 . 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. //TRUE COPY' SD/. P. PADMANABHA REDDY EPUTY REGISTRAR SECTION OFFICER To, ings, T-S., Hvd erabad. rporation, Tan kbund

1. The PrinciPal Secretary (MAUD), Secretariat B ') The Comm issioner,Great er HYdera bad MuniciPa Road, HYderabad. The Zonal Commissioner' KuaktPallY Zone, GHMC, HYd erabad 4. The DeP uty Com missioner, QutbullaP ur, ci rcle No.25, G HMC, Hyderabad 5. One CC to SRI KATIKA RAVINDER REDDY, Advocate IOPUC] 6. Two CCsto GP FOR MUNICI PAL AD MINISTRAT ION AN D URBAN DEVELO PtvlENT ,High.Court fo r the State of Telang ana, at K. RAVI MAHE NDER, SC FOR GH MC [O z. bne CC to SRl. 8. Two CD CoPies GJPw Hvd PUC B IVI erabad touTl HIGH COURT DATED:2810412025 CC TODAY 1 HE t lT4 rC: 4 :J (ir 01 irrY ?ffi P 7- o {)F t. ORDER WP.No.13126 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t\ ,PQb YY--(4f