Telangana High Court
Sri Mukesh Agarwal vs The State Of Telangana on 5 September, 2022
Bench: T.Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No.34667 of 2022
ORDER:
The present Writ Petition is filed to declare the action of
3rd respondent in issuing revocation letter dt.26-08-2022 vide letter
No.200357/GHMC/16202/2022 revoking the construction permission
dt.15-08-2022 granted to the petitioners in respect of property in
Sy.No.129/68 Paiki, Road No.12, Shaikpet village, Jubilee Hills, Circle
No.18, Khairatabad Zone, Shaikpet Mandal, Hyderabad, as being illegal,
arbitrary, colourable exercise of power, abuse of process of law, abuse
of power entrusted by law and violative of principles of natural justice
and Article 14, 19 and 300-A of the Constitution of India.
2. Heard learned counsel for petitioners, learned Government
Pleader for Municipal Administration and Urban Development
appearing for 1st respondent and Sri Pasham Krishna Reddy, leaned
Standing Counsel appearing for respondent Nos.2 to 4. With their
consent, the Writ Petition is taken up for hearing and disposal at the
admission stage.
3. Learned counsel for petitioners would submit that no notice was
issued to the petitioners prior to the 3rd respondent issuing the impugned
proceeding and that non-issuance of notice prior to the issuance of
impugned proceeding is contrary to law laid down by this Court in
W.P.No.20398 of 2021 and batch dt.13-12-2021.
4. Learned Standing counsel appearing for respondent Nos.2 to 4 do
not dispute the above submission.
5. Admittedly, petitioners were granted Building Permission on
15-08-2022 through online process. The 3rd respondent, by the
impugned letter dt.26-08-2022 has revoked the said permission obtained
by petitioner through online TS-bPASS observing that the site under
reference is located in Vemireddy Enclave and that there are several
court cases pending and specific orders are issued by the Hon'ble
Supreme Court and hence permission revoked.
6. Though the 3rd respondent had recorded reasons for revoking the
building permission granted, the applicant i.e. the petitioner is required
to be put on notice before resorting to such action. As noted above, no
such notice was given before issuing the impugned proceeding, which in
the view of the Court, amounts to violation of principles of natural
justice and has caused serious prejudice to the petitioner.
7. Further, this Court by judgment in W.P.No.20398 of 2021 and
batch dt.13-12-2021 dealing with similar issue held that since no notice
is issued to the petitioners before issuing the impugned proceeding, the
same is to be held as violation of principles of natural justice. Since the
case of the petitioner stands on the same footing, and for the reasons
alike as stated in the order dt.13-12-2021 in W.P.No.20398 of 2021 and
batch, the petitioner is entitled for the same relief.
8. Accordingly, the Writ Petition is allowed; the impugned
proceeding dt.26-08-2022 vide letter No.200357/GHMC/16202/2022 is
set aside; and the respondent-authorities are at liberty to initiate
proceedings afresh by following due process of law after putting the
petitioners on notice. No costs.
9. As a sequel, the miscellaneous petitions, if any pending, shall
stand closed.
____________________
T. VINOD KUMAR, J
Date : 05-09-2022.
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