Telangana High Court
Gundaram Sai Raj vs The State Of Telangana on 25 February, 2025
Author: K. Lakshman
Bench: K. Lakshman
THE HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No. 5561 of 2025
ORDER:
Heard Sri Jalli Kanakaiah, learned Senior Counsel
representing Sri Narendar Jalli, learned counsel for petitioner
and Sri Putta Krishna Reddy, learned Standing Counsel
appearing for respondent Nos.2 and 3.
2. Petitioner is claiming that he is the absolute owner and
possessor of land admeasuring 249.75 Sq. yards in Survey
No.484/2/B situated at Sri Sri Nagar, Garimilla Village, within
the limits of Mancherial Municipality, on the strength of a
registered sale deed bearing document No.2184 of 2023 dated
17.01.2023. He has obtained building permit order dated
19.03.2024 from 2nd respondent for construction of Ground
Floor + 1 Upper Floor, under TG-bPASS Act, 2020, by way of
self-certification and self-declaration, by uploading all the
relevant documents. Work commencement letter was not
issued to petitioner. He has not commenced the construction.
In the meanwhile, 2nd respondent has issued show cause notice
dated 23.03.2024 stating that petitioner has not submitted link
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document prior to cutoff date i.e., 26.08.2020 as per memo
No.14148/PLG.III/2020 dated 30.12.2020. Seven days' time
was granted to petitioner to submit explanation. He has not
submitted explanation. Vide impugned revocation order dated
06.04.2024, 2nd respondent has revoked the said building
permit order dated 19.03.2024. Aggrieved by the said order
dated 06.04.2024 passed by 2nd respondent, petitioner
preferred the present Writ Petition.
3. Perusal of the record would reveal that vide aforesaid
memo No.14148/PLG/III/20 dated 30.12.2020, learned
Principal Secretary to Government, Municipal Administration
& Urban Development Department clarified that the building
permissions can be processed duly collecting basic
penalization charges as per LRS-2020 and 33% compounding
fee on the same, plus open space contribution charges of 14%
on the present market value of the site/plot applied for building
permission. Considering the said aspect, vide order dated
02.02.2022, in Writ Petition No.5150 of 2022, this Court
directed the municipal authorities to consider the application
submitted by petitioner therein for grant of construction
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permission. The said principle was reiterated by this Court
vide order dated 23.11.2024 in Writ Petition No.36046 of
2024.
4. As discussed above, in the present case, petitioner did
not submit explanation to show cause notice dated 23.03.2024.
However, it is the specific contention of petitioner that he has
not commenced the construction pursuant to building permit
order dated 19.03.2024. There is no consideration of the said
aspects in the impugned revocation order dated 06.04.2024.
Therefore, the impugned revocation order dated 06.04.2024 is
liable to be set aside.
5. In the light of the above, the impugned revocation order
dated 06.04.2024 passed by 2nd respondent is set aside and this
Writ Petition is disposed of permitting the petitioner to submit
explanation along with copies of this order, orders dated
02.02.2022 and 23.11.2024 passed by this Court in Writ
Petition No.5150 of 2022 and Writ Petition No.36046 of 2024,
respectively, and judgment dated 27.02.2023 rendered by the
Division Bench of this Court in Writ Appeal No.245 of 2023,
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to 2nd respondent within ten (10) days from the date of receipt
of a copy of this order. Thereupon, 2nd respondent shall
consider the said explanation along with documents submitted
by petitioner and if he is satisfied with the same, he shall issue
work commencement letter to petitioner so as to enable him to
proceed with construction in the subject site, pursuant to
building permit order dated 19.03.2024, strictly in accordance
with law. However, if 2nd respondent is not inclined to accept
the request made by petitioner, he shall pass appropriate orders
duly assigning specific reasons and communicate a copy of the
same to petitioner. He shall complete the said exercise within a
period of four (4) weeks from the date of receipt of
explanation from petitioner. There shall be no order as to
costs.
Miscellaneous applications, if any pending, shall stand
closed.
_________________
K. LAKSHMAN, J
25th FEBRUARY, 2025.
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