Y R Murali v. The State Of Telangana And Another

HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRlT PETITION NO: 29209 OF 2022 Between:

Y.R Murali, S/o. Late Y Ramakrishna, Aged 51 years, Occ Business' R/o Plot No.66, Siddartha Colony, Kapra, lt4edchal-Malakajgiri District ...PETITIONER AND

1. The State of Telangana, rep. by its Principal Secretary, Municipality and Urban Development Department, Secretariat Buildings. Hyderabad.

2. The Greater Hyderabad lr,4unicipal Corporation, Rep.Dy. Commissioner' GHtv'lC, Kapra Division, Kapra, Medchal-Malkajgiri District. RESPONDENTS Petition under Arlicle 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 of mandamus declaring the action of the respondent nos.2 in passing revocation letter (revocation of the building permission as per GHMC TSbPASS Act) dated 1710612022 on the ground that the Survey number and the site is falls in Open space zone of petitioner from Plot bearing No.67, in Sy. No. 576 and 582, Admeasuing 275 SO. Yards, situated at Sadana Vihar Colony, Padampuri Nagar, Kapra, Medchal-Malkajgiri District, Plot No'2 and Plot No.7, in Sy No.

584 and 585, Pushpanjali Enclave, Kapra, Medchal-Malkajgiri District, without following the procedure contemplated under law as being illegal, arbitrary, unjust, improper and is in negation of the established Judicial Precedents besides in violation of Articles, 14,19,21 and 300-4 of the Constitution of lndia apart from in violation of principles of natural justice and fair play, consequently set-aside the revocation letter (revocation of the building permission as per GHMC TS-bPASS Act) dated 1710612022 on the ground that the Survey number and the site is falls in Open space zone of the aforesaid Plots of the petitioner.

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 the revocation letter (revocation of the building permission as per GHMC TS-bPASS Act) dated 17.06.2022 on the ground that the Survey number and the site is falls in Open space zone" of petitioner from Plot bearing No.67, in Sy. No. 576 and 582, Admeasuing 275 SQ. Yards, situated at Sadana Vihar Colony, Padampuri Nagar, Kapra. Medchal-Malkajgiri District, Plot No.2 and Plot No.7, in Sy No.584 and 585, Pushpanjali Enclave, Kapra, Medchal-lvlalkajgiri District, passed by the Respondent No.2 pending disposal of the above writ petition. Counsel for the Petitioner: SRI G.ESWARAIAH Counsel forthe Respondent No.1: GP FOR MUNCIPAL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI SAMPATH PRABHAKAR REDDY, SC The Court made the following: ORDER

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION No.29209of 2022 ORDER:

This Writ Petition is filed to declare the action of respondent No.2 in passing the revocation letter (revocation of the building permission as per GHMC Ts-bPASS Act) dated 17-06-2022 on the ground that the survey number and the site falls in open space zone of petitioner from plot bearing No 67 in Sy Nos 576 and 582' admeasuring 275 sq. yards, situated at Sadana Vihar Colony' Padmapuri Nagar, Kapra, Medchal-Malkajgiri District' Plot No'2 and Enclave, KaPra, Plot No.7 in Sy.Nos.5B4 and 585, Pushpaniali the procedure Medchal-Malkajgiri District' without following contemplated under law as illegal and arbitrary' counsel for the 2.

Heard Mr- G' Eswaraiah, learned petitioner, learned Government Pleader for Municipal Administration for resPondent No.1 and and Urban Development Prabhakar ReddY, learned Standing Counsel for l\,4 r. Sampath respondent No.2.

3.

Learned counsel on either side submit that the issue in this Writ Petition is squarely covered by the order daled 13'12'2021 in Writ Petition No.20398 ol 2021 and batch, wherein this Court

considered the issue at length and at paras 12 and 13 directed as under:

"12. ln view of the above, this Court is of the opinion that in order to justify the action taken by the respondent authorities in revoking the building permission of the petitioners, they ought to have acted faidy and in strict adherence to the principles of natural justice. However, since the learned Special Government Pleader, on instructions, submitted that the impugned revocation letters passed against the petitioners stand withdrawn to the exlent of revocation of permission lo construct buildings, the said submission is placed on record. The impugned revocation letters passed by the respondent authorities against the petitioners stand withdrawn to the extent of revocation of permission to construct buildings, in terms of submissions made by the learned Special Government Pleader.

The petitioners are directed to submit their explanations to the objections pointed out in the impugned revocation letters to the respondent authorities within a period of two weeks from today. On such submission of explanations by the petitioners, the respondent authorities are entitled to pass appropriate orders, in accordance with the provisions of TS-bPASS Act and the Rules made thereunder, within a period of one week from the date of receipt of such explanations. ln case, if no orders are passed by the respondent authorities within the time indicated above, there shall be deemed approval of the applications of the petitioners filed for construction of buildings.

lt is made clear that until passing of orders by the respondent authorities within the time prescribed on the explanations submitted by the petitioners, the petitioners shall not proceed with any type of constructions in their respective subject lands. 13.

As regards the contention of the learned counsel for the petitioner in W.P.No.32665 of 202'1 that the revocation order was passed without recording any objections, the respondent authorities are directed to bring the objections to the notice of the petitioner therein within a period of one week from today; and on receipl of such objections, the petitioner shall submit his explanation to the said objections within two weeks thereafter; and on submission of such explanation by the petitioner, the respondent authorities are entitled to

pass appropriate orders in accordance with the provisions of TS-bPASS Act and the Rules made thereunder within one week from the date of receipt of such explanation. ln case, if no orders are passed by the respondent authorities within the time indicated above, there shall be deemed approval of the application of the petitioner filed for construction of building. lt is made clear that until passing of orders by the respondent authorities within the time prescribed on the explanations submitted by the petitioner, the petitioner shall not proceed with any type of constructions in his subject land."

4.

ln view of the above, the Writ Petition is allowed setting aside the revocation order dated 17 -06-2022. The respondents are directed to follow the guidelines / directions issued by this Court in Writ Petition No.20398 of 2021 and batch, dated 13.12.2021 and pass orders rn accordance with law. There shall be no order as to costs. 5.

IViscellaneous Applications, if any pending in this writ petition, shall stand automatically closed.

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HIGH COURT DAf ED:1410712022 CC TODAY 1 gE Sr4 r4.

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ORDER

"€) \o.,\e# WP.No.29209 of 2022 ALLOWING THE WRIT PETITION WITHOUT COSTS