Ghousia Begum v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 24434 0F 2022 Between:
9lroq:ig. Begyq,_\4{{q.Abdul Hameed, Aged about 58 years, Occ. Housewife, R/o. H.No. 2-3-6581312, Azad Nagar, Amderpet, Hyderdbad, Telangana. ...PETITIONER AND The State of Telangana,lr/unicipal Administration and Urban Development Department, Rep. by its Principal Secretary, Secretariat Buildings, Hyderabad The Greater Hyderabad Municipal Corporation, Represented by its Commissioner, Lower Tank Bund, Hyderabad.
The^Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle No.6, Malakpet, Hyderabad.
...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 or any other order or direction particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in straightaway revoking the building permission by issuing Notice No. 1420151GHMC1427312022 dated. 25103/2022 in respect of H.No. 16-11-16lLl4lL admeasuring 333.33 square yards or 278.66 square meters situated, at Teegalguda, Malakpet, Hyderabad, Telangana, without issuing any prior notice and opportunity, as arbitrary, illegal in violation well settle principles of natural justice.
V lA NO: 1 OF 2022 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 that operation of Notice No. 142011|GHMC1427312022 dated. 2510312022, pending disposal of the writ petition. Counsel for the Petitioner: SRl. MOHD ISLAMUDDIN ANSARI Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No's.2 & 3:SRl PASHAM KRISHNA REDDY (SC FOR GHMC) The Court made the following: ORDER
HON'BLE SMT. JUSTICE LALITHA I<ANNEGANTI WRIT PETITION No.24434 of 2022 OFI.DER:
This writ petition is filed questioning the action of the 3.d respondent in revoking the building permission by issuing Notice No. 1420 15/ GiHlr/lC /4273 /2022 dated 25.03 '2022 in respect of H.No.16-17"16/L/4/L admeasuring 333'33sq' yards meters situated at Teegalguda, Malakpet, Hyderabad without issuing any prior notice and opportunity, as arbitrary, illegal and in violation of principles of natural justice.
2.
Heard Sri Mohd. Islamuddin Ansari, learned counsel for the petitioner and Sri Pasham Krishna Reddy, learned standing counsel for GHMC appearing for respondent Nos'2 and 3.
3.
Learned counsel for the petitioner submits that the revocation ietter dated 25.O3.2022 is impugned in the present writ petition. He submits that the respondent Corporation after verification of a-11 the details has granted work commencement letter on 28.02 -2022 and when they tried to interfere with the possession of petitioner over the subject property for road widening purpose, the petitioner has filed a writ petition vide W'P.No.1283O of 2022 before this court and
\M.P.No.24434 of 2022 this court has directed the parties to maintain status-quo obtained until the next date of hearing and directed the matter to be posted on O1.04.2022 and the matter is not listed thereafter.
4.
The learned counsel for the petitioner further submits that the revocation letter was passed by the respondent Coiporation without issuing any notice and without giving an opportunity to the petitioner. He submits that the reasons that are stated in the said revocation letter are also unsustainable. He submits that now the petitioner has been making construction as per the conditions imposed in the work commencement letter_ Learned standing counsel submits that the petitioner is making construction in different premises where the permission is not granted by the respondent Corporation. He submits that he will file a detailed counter aflidavit in this case.
6.
Learned standing counsel does not dispute the fact that the impugned revocation letter is passed without issuing
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\N .P.No.24434 of 2022 any notice to the petitioner. In that view of the matter, as the impugned order is passed without following the principles of natural justice, this order necessarily has to be set aside. 7.
Accordingly, this writ petition is allowed by setting aside the impugned revocation letter dated 25.03.2022 and treating this as a show cause notice, the petitioner shall submit his explanation within (2) weeks from the date of receipt of copy of the order and the respondent Corporation sha-ll pass appropriate orders within (2) weeks from thereon. Till such time, the petitioner shall also not carry out any construction activity. No order as to costs.
Miscellaneous petitions, if any pending in this writ petition shall stand closed AssrsrAsr.?+-RrisJgYXtR ,TRUE COPYII 6, SECTION OFFICER I To, 1.
The Principal Secretary, Municipal Administration and Urban Development IJepartment, State of Telangana, Secretariat Buildings, Hyderabad The Commissioner, Greatei Hyderabad t\,4unicipal C6rpor'ation, Lower Tank Bund, Hyderabad.
The^Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle No.6, Malakpet, Hyderabad.
One CC to SRl. IVOHD ISLAMUDDIN ANSARI Advocate [OPUC] Two CCs to cP FOR MCPL ADTVN URBAN DEV, High Court forihe State of Telangana. [OUT] One CC to SRl. PASHAM KRISHNA REDDY (SC FOR GHMC), Advocate loPUCl Two CD Copies.
One Spare Copy.
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HIGH COURT DATED:0710612022 ,( \'\E STA l't L) 2 1 JUr'l 2t22 C.
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ORDER
WP.No.24434 ot 2022 ALLOWING THE WP WITHOUT COSTS.
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