High Court · 2025

3. l\,4ohammed Sohail Uddin, S/o. Mr. [,4ohammed Habeeb Uddin, Aged about 35 years, Occ. Service in Abroad,

4. l\,4ohammed Salman Uddin, S/o.tvlohammed Habeeb Uddin, Aged about 32 years, Occ Service in Abroad, All R/o. H. No.20 -4-42,Puncl1fi.tlohalla, Charminar, Hyderabad, TS. ...PETITIONERS AND 1 The State of Ad m inistralion Hyderabad, TS Telangana, and Urban Rep. by its Principal Secretary, [t4uncipal Development Department, Secretariat, at

2. The Greater Hyderabad Muncipal Corporation, Tankbund Road, Hyderabad, TS- Rep. by it Commissioner.

3. The Deputy Commissioner, Charminar, Circle-09, GHtvlC. ..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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Corporation, more particularly Respondent No.3 in revoking the Building Permission for the Petitioners' house bearing No.Plot No.23-5-42913, ad measuring 170 sq.yds, in Survey No.23, situated at Shahali Banda, Bahadurpura, Charminar, Hyderabad, TS vide lmpugned Revocation Letter dt.0410912}24 received by the Petitioners on 2911 112025 and thereby trying to demolish the Petitione-s' property, without issuing any prro as illegal, arbitrary, unconstitutional, lack of jurisdiction, an 1 natural justice besides violation of Article 14,19,21 and 30: and consequently set aside the lmpugned Revocation received by the Petitioners on 2911 112025 by directing thr,. t to interfere wtth tne construction actlvlties of the petitn No.Plot No.23-5-429'3 ad measuring 170 sq. yds, in suri,e Shahali Banda, Bahadrrrpura, Charminar, Hyderabad, TS. S hovr Cause Notice, aga inst principles of \ of the Constitution etter dt.O4lO9l2024 espondent No.3 not rers house bearrng y No 23, situated at lA NO: 1 OF 2025 Petition under Scction 151 CPC praying that in the r rcurrrstances stated in the affidavit filed rn support of tl.re petition, the High Cot r may be pleased to suspend the lmpugn,--d Revocation Letter dt.04/09i20.1 received by the Petitioners on 2911112025 pending disposal of the above wr t oetition. Counsel for the Petitioners: SRI CH.JAYAKRISHNA Counsel for the Respondent No.1: cP FOR MCPL ADMN UF BAN DEV Counsel for the Respondent No.2 & 3: SRI RAPARTHI VENI ATESH, SC FOR GHMC The Court made the following: ORDER :*R IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRI JUSTICE B. VIIAYSEN REDDY WRIT PETITION No.36890 OF 2025 DATE OF ORDER: 02.72.2025 Between: Ms. l{ehana Bcgum and three others AND ...Petitioners The State ol Telangana Rcpresented by its PrincipaI Secretary Municipal Administration and Urban Development Department, Secrctariat, I{yderabad and two others ..Respondents ORDER (oRAL) Heard Mr. Ch.Jayakrishna, learned counsel for the petitioners, and Mr. Raparlhi Venkatesh, learned Standing Counsel for GHMC, appcaring for respondent Nos.2 and 3; and perused the material on record.

2. The prirnary contention of the leamed counsel for the petitioners is that as per Section 7(11) of the Telangana State Building Permission Approval and Self Certification System (TG-bPASS) Act,2020 (for short 'TG-bPASS Act,2020') read with Section 450 of the Greater Hyderabad Municipal Corporation Act 1955 (for short 'GHMC Act'), respondent I 2 !. No.3 - thc Dcputl, Commissioner, GHMC, Charn:r rar, Circle No.g, Hyderabad. cloc: uot have any po$,er to revoke the b r Iding pen.ission, and the action o1' lcsponrlent No. j in issuing impugr,,:, rer.ocation letter vide Lr. No.401063'GHNICli8904i2024 dated 04.09 - r 24 is illegal and without.jurisdi;rion

3. Learned corLnscl fbr the petitioners also placed,r r record the order passed by this ( ourt in W.P. No.4 176 of 2025 c ated 06.03.2025, whcrein, this Court has set aside the revocation lr-:; :r issued bv the Deputy Cornmissioncr', GFIMC, therein.

4. Learned Standing Counsel lor GHMC fairly I bmitted that the subject tnatter in rlris u,rit petition is squarely covered 1r the order passcd by this Court in W ['. No 4176 of 2025.

5. [n view of'rhc above, the u,rit petition is allo,'ed, setting aside the impugned revocation letter issued by respo I lent No.3 t,ide Lr. No.4020681(;tlMC/890412024 dated 04.09.2024 ard tlie matter is remanded back to respondent No.2, who shall issue resh show-cause notice to the pctitioner by granting SEVCN (7) dar i time to submit explanation. On receipt of such explanation, responder - No.2 shall pass 7ry 3 orders, in accordance with law, by affording opportunity of hearing to the petitioner. The entire exercise shall be completed within a period of six (6) wceks from the date of receipt of a copy of this order. There shall be no order as to costs As a sequel thereto, miscellaneous applications, il any, pending in this writ petition, stand closed SD/. P.C.SULEKHA DEVI ASSISTANT REGISTRAR IOTE:- That the line "Till such exercise is completed, the petitioner is directed not to proceed with the construction in the subject property,, mentioned/read at Para No.5 of the order dt. 02.12.2025 in W.P.No.36890 of 2O25 is deleted as per the orders of the Hon'ble Court dt. 12.12.2025 in l.A.No.Z of 2025. This amended order shall substitute the earlier order which has already been dispatched on 08.12.2025. //TRUE COPY// SD/. C.DEEPIKA ASSISTANT2ECISTRAR To, Road, Hyderabad, TS. ljepartment, Secretariat. at Hyderabad, TS. SECTIgl( OFFICER 1. The Principal secretary, lr,4uncipar Administration and Urban Deveropment 2. The commissioner, Greatei Hyderabad ft/uncipar corporation, Tankbund 3. The De,lruty Commissioner, Charminar, Circle-O9, GHMC. 4. One CC to SRI CH.JAYAKRTSHNA, Advocate IOPUCI 5. One CC to SRI RAPARTHI VENKATESH, SC FOR Gt-twC tOpUci 6- Two ccs to GP FoR tvcpl ADrvrN URBAN DEV, High court foaihe state of 7. Two CD Copies Telangana at Hyderabad [OUT] u- BSR HIGH COURT DATED: 0211212025 1211212025 CC TODAY i E S:q f< o( oo1 * ot: ,i5 z (;) .,: AMENDED ORDER WP.No.36890 of 2025 l l I I I I I I I I I I I I t I I I I I I I I i I l I ! ! : ALLOWING THE WRIT PETITION, WITHOUT COSTS \"v }}