Telangana High Court
Goli Sangeetha Laxmi vs The State Of Telangana on 6 December, 2023
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.33037 of 2023
ORDER:
This Writ Petition is filed for issuance of a Writ of Mandamus to declare the action of the respondents-authorities, more particularly the 3rd respondent, in revoking the building permission of the petitioner by issuing Revocation Letter, vide Lr.No.344728/GHMC/20235/2023 dt.27.11.2023 in respect of all that Northern part of Plot No.1821, admeasuring 200 square yards out of 300 square yards, in Sy.Nos.78 to 93 situated at Raja Rajeswara Nagar, Kondapur Village, Serilingampally Mandal, Ranga Reddy District, without issuing any prior notice or affording any opportunity of hearing to the petitioner, as being illegal, arbitrary, contrary to the provisions of the Greater Hyderabad Municipal Corporations Act, 1955, besides being violation of principles of natural justice and in violation of Articles 14, 21 and 300-A of the Constitution of India.
2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri M.A.K.Mukheed, learned Standing Counsel, appearing for respondent Nos.2 and 3, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the stage of admission.
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3. Though the petitioner had raised multiple grounds, more particularly with regard to the authorities having not issued notice or not affording an opportunity of hearing before revoking the building permission approved through TS-bPASS online process on 11.11.2023, however, learned counsel for the petitioner submits that the petitioner is not pressing the aforesaid ground raised in the Writ Petition and confines his submissions only with regard to the insistence of the respondents- authorities for obtaining NOC from the ULC authorities and inclusion of the subject property under the prohibitory list under Section 22-A of the Registration Act, 1908.
4. Learned counsel for the petitioner further submits that in similar circumstances, this Court, in W.P.No.31935 of 2023 dt.18.11.2023, had an occasion to consider similar issue, whereby the building permission obtained had been revoked by the authorities.
5. Petitioner further contends that the petitioner herein is also similarly placed like the petitioner in the aforesaid Writ Petition, vide W.P.No.31935 of 2023 dt.18.11.2023, and therefore, seeks for grant of similar relief in the present Writ Petition also.
6. Learned Standing Counsel appearing on behalf of respondent Nos.2 and 3 does not dispute the aforesaid submission made by the learned counsel for the petitioner.
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7. I have taken note of the above contentions.
8. Having regard to the submissions made as above and taking note of the fact that this Court in the above Writ Petition had observed that the impugned revocation letter issued by the respondents-authorities on the ground that the subject land has been entered in the prohibitory watch list as ceiling surplus land cannot be held to be valid ground for revocation/rejection of the building permission sought for by the petitioner therein, and had directed the respondents to process the building permission application subject to the petitioner therein filing/submitting the application afresh along with the LRS obtained in respect of the subject plot of land. Since, the revocation order in the facts of the present case is also similar to the one that had been considered by this Court and in order to maintain parity, this Court is of the view that the petitioner is also entitled for the same relief as granted in the aforesaid writ petition.
9. However, with regard to the other ground of revocation of the permission that the subject plot is situated in unapproved layout and the same is not regularized under any G.O., though it was contended before this Court that the petitioner had obtained regularization under G.O.Ms.No.151 MA dated 02.11.2015, vide proceedings dated 31.01.2020, this Court is of the view that the petitioner is to be directed to submit the aforesaid approval obtained from the authorities concerned to the 4 respondents-authorities enabling the said authorities to consider the same for grant of building permission.
10. On the petitioner submitting the approval obtained regularizing the plot under the LRS, the authorities are directed to consider the application submitted by the petitioner for grant of building permission by considering the same without reference to the objection relating to the said land having been entered in prohibitory watch register by showing the same as ceiling surplus land and calling upon the petitioner to obtain NOC from the competent authority under the ULC Act.
11. Subject to the above direction, the Writ Petition is disposed of.
12. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs.
___________________ T. VINOD KUMAR, J Date:06.12.2023 GJ