The High Court · 2025

Judgment

2. 2 The State of Telangana, Rep., by its Principal Secretary Revenue Department. Secretariat, Hyderabad. The Greater Hyderabad lvlunicipal Corporation, Rep., by its Commissioner, Tank bund, Hyderabad. The Greater Hyderabad Municipal Corporation, Rep., by its Deputy Commissioner, Circle No.20, GHIvlC, Serilingampally Zone, Ranga Reddy District.

4. The Asst. City Planner, Serilingampally Zone, Ranga Reddy District, Telangana. The Additional Collector Urban Land Ceiling, Ranga Reddy District, Telangana ...RESPONDENTS 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 writ order or direction the action of the respondents No.2,3 and 4 in issuing revocation letter to the building permission of the petitioners Lr. No. 398374/GHMClB23Ol2O24 dated'17-06-2024 and consider the petitioners application for building permission in view of orders passed by this Honourable Court dated 28-03-2017 in WP.No.21580/2008, WP.No.19450/2023 Dated 't'l-10- 2023 as being illegal albitrary and violation of Article 14, 21 and 300-4 of Constitution of lndia and consequently set-a-side the Revocation Letter Dated 17-06-2024 Vide Lr. No. 398374/GHMC1823012024 issued by the Respondent No. 2, 3 and 4 reconsider the Building Permit No. 398374/GHMClB230l2O24 dated 17-06-2024 in respect of petitioners property bearing Northern Part of Plot No.272 admeasuring 150 Sq.Yards and Southern Part of Plot bearing No.273 / admeasuring 100 sq. Yads total admeasuring 250 Sq.yards is situated in the same Sy.No. 78 to g3 at Raja Rajeshwara Nagar, Kondapur Village without insisting for NOC from Respondent No.4. 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 direct the respondents Nos 2, 3 and 4 to set a side the revocation letter Lr No 398374/GHMC1823012024 dated 1710612024 in respect of the Northern part of Plot bearing No.272 admeasuring 1s0 Sq. yards and southern part of plot bearing No.273 admeasuring 100 Sq. yards total admeasuring 250 Sq.yards in Sy.No. 78 to 93 situated at Raja Rajeshwara Nagar, Kondapui Viilag", serilingampally Mandal, under GHMC Seriringampaily circre, Ranga Redldy District pending disposal of the above writ petition. Counsel for the Petitioner: SRI GAYATHRI GUNDLURU Counsel for the Respondent No.1: Gp FOR MUN|CIPAL ADMtNtSTRAT|ON & URBAN DEVELOPMENT Counsel for the Respondent No.2 to 4: SRI RAPARTHI VENKATESH, SC FOR GHMC counsel for the Respondent No.5: ASST. Gp FoR REVENUE The Courl made the following: ORDER I HON'BLE SRT JUSTTCE K. LAKSHMAN WRIT PETITIoNNo.1O72 of2025 ORDER: Heard learned counsel appearing for the petitioner, Sri Raparthi Venkatesh, learned Standing counsel appearing for respondent Nos.2 to 4 atd learned Assistant Government Pleader for Revenue appearing for respondent No.5. Perused the record'

2. Petitioner herein is claiming that he is the absolute owner and possessor of Northern Part of Plot bearing No.272, admeasuring 15O Sq. yards and Southern Part of Plot bearing No.273 admeasuring 1OO Sq' yards, total admeasuring 25O Sq. yards in Sy.Nos.78 to 93 situated at Raja Rajeshwara Nagar, Kondapur village, Serilingampally mandal under GHMC Srilingampally Circle, on the strength of a registered sale deed bearing document No.15447 of 2023, dated 25.09.2023. He has obtained building permit order, dated 14.O5.2024 frotn KL,J W.P.No. lO72 of 2025 2 respondent No.2 for construction of Stilt for parking + 3 Upper floors. Thereafter, respondent No.3 has issued \ Show Cause Notice, dated 24.05.2024 stating as follows: I I I I "As per the inspection & scruting of report of the TPS & ACP-2O, it is to submit that, the proposal for construction of Stilt + 3 upper floors for residential use purpose in plot no.272/ Northent ParT & 273/ Souttrern Part Sg. No.78 to 93 Situated at Kondapur(V| and obserued that the site couered bg Gout. Land and hos been entered in prohibitory watch register recording as ceiling su4plus land and the pima facie title is not established. Further the proposal site is fallirtg in unapproued layout and the same is not regularized under ang G.O. issued by Govemment from time to time and also not submitted Regbtered Link Documents. Hence gou are herebg directed to shout cause in uitirtg as to whg the prouisional permi.ssion obtained by gou shouldn't be reuoked for the reasons stated o"s aboue. Your explanation should be submitted taithin 7 days from the date of receipt of ihis notice, failing which the prouisional permission granted uill be reuoked uithout further notice. " Respondent No.3 has granted seven (7) days time to submit explanation. t / KL,J W.P.No.1O72 of 2025 .)

3. It is the specific contention qf the petitioner that respondent No.3 did not serve Show Cause Notice, dated

24.05.2024 ald he has revoked the building permit order, dated 14.05.2024 vide revocation letter, dated

17.06.2024 on the very sarne terms. Chalienging the said revocation order, dated 17.06.2024 petitioner filed the present writ petition.

4. Section 7 of the Telangana State Building Permission Approval and Self Certification System (TS- bPASS) Act, 2O2O deals with 'approval of building permissions' and the same is relevant which is extracted as under: "7. (1) .. ... ... 2l 3) 4) s) 6) 7l 8) e) i0).. 11) The.permission issued under deemed clause can be revoked by the commissioner within 2 I days from the date of deemed approval if it is found that KL,J W.P.No. lOZ2 of 2O2S 4 deemed approval has been obtainecl by mis- representation of the facts or false statements, and,/or against the building rules, regulations and Master plan land use provisions."

5. Section 450 in Greater Hyderabad Municipal Corporation Act, 1955 deals with power of Commissioner to cancel permission on the ground of materiar misrepresentation by applicant and the.same is relevant which is extracted as under: pernusston LUas granted mateial misrepresentation "If at ang time after pennission to proceed with ang building or utork has been giuen, the Commissioner is satisfied that such consequerLce of ang fraudulent statement contained in the notie giuen or infotmation fumished" under section 42g or 433 or in the furth-er information if ang, fumished, he mag cancel such permission and. ang work do ne thereunder shall be deemed to harte been d"one utithou t his permission.', Ln

6. Rule 12 (viii) of the Telangq.nq. State Building Permission Apltrooal and. Setf CertiJication Sg/stem (TS-bPASS) Ruleg 2O2O (herelnafter referred to as the Rules, 2020) says that the permission issued under KL,J W.P.No.lO72 of 2025 5 deemed clause can be revoked by the Competent Authority within 21 days from the date of deemed approval without any notice, if it is found that deemed approval has been obtained by misrepresentation of the facts or false statements, and / or against the building rules, regulations and Master Plan land use provisions.

7. Rule 2 (ui) of the Rutes, 2O2O deals with 'Competent Authoritg'and it means the Commissioner, Greater Hyderabad Municipal Corporation.

8. Learned Standing Counsel appearing for GHMC, on instructions, would submit that the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad is the competent ar.rthority to revoke the building permit order and there is no delegation of power to the Deputy Commissioner. Delegation of power is impermissible. Therefore, respondent No.3 has no power or authorit5r to issue revocation order. The Commissioner, GHMC is the competent authority to pass revocation orders. './a KL,J W.P.No. 1072 ot 2O2S 6 r-r

9. Placing reliance on the common order, dated 28.03.2017 passed by this Court in W.p.No.21580 of 2008 and batch, learned counsel appearing for the petitioner would submit that respondent No.3 cannot contend that the subject land is a Government land. However, against the said common order Writ Appeals were filed and the sarrne are pending.

10. Mor-e over, respondent No.3 has issued the impugned revocation order, dated 17.06 .2024 without putti'g the petitioner on notice and affording them an opportunity. The Show Cause Notice, dated 24.05.2024 was also not served on the petitioner to enable him to submit explanation. Viewed from any angle, the impugned revocation order, dated 17.06 .2024 is liable to be set aside and accordingly it is set aside. However, liberty is granted to respondent No.2 to initiate fresh action by against the petitioner, in accordance with law, by putting the petitioner on rrotice and affording him an i I I KL,J W.P.No. 1O72 of 2025 I opportunity. Respondent No.2 shall conSider the common order, dated 2A.O3.2O17 passed by this Court in W.P.No.21580 of 2008 and batch and also pendency of Writ Appeals while initiat-ing fresh action against the petitioner herein. Petitioner shall make construction, strictly in accordance with the building permit order, dated 14.O5.2024, failing which liberty. is granted to respondent Nos.3 and 4 to take action against the petitioner, strictly in accordance with the procedure laid down under the GHMC Act, 1955.

11. Accordingly, this Writ Petition is disposed of' There shall be no order as to costs. Asa sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed' //TRUE COPY// SD/. T. TIRUMALA DEVI ASSISTANT REGISTR,AR / g SECTION OFFICER To, 1 2 J 4 The Principal Secretary Revenue Department, The State of Telangana, Secretariat, Hyderabad. The Commissioner, The Greater Hyderabad t\tlunicipal Corporation, Tank bund, Hyderabad. The Deputy Commissioner, The Greater Hyderabad lvlunicipal Corporatron, Circle No.20, GHIVC, Serilingampally Zone, Ranga Reddy District. The Assit. City Planner, Serilingampally Zone, Ranga Reddy District, Telanqana. Telangana

5. The Aijditional Collector Urban Land Ceiling, Ranga Reddy District, 6. One CC to SRI GAYATHRI GUNDLURU, Advocate [OPUC] 7. One CC to SRI RAPARTHI VENKATESH, SC FOR GHMC [OPUC] 8. Two CCs to GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPIVIENT, High Court for the State of Telangana. [OUT]

9. Two CCs to GP FOR REVENUE, High Court for the State of Telahgana. '1 0. Two CD Copies BN GJP s HIGH COURT DATED:2010112025 I I ITS I A L 1 c f o 2B JIN 2[25 ) t D n 1 ORDER WP.No.1072 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS s)*" W