Telangana High Court
WP/36862/2024 of Rapaka Venkateshwarlu Vs The State of Telangana on 31 December 2024
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 36862 OF 2024 Between: Rapaka Venkateshwarlu, S/o.Somaiah, aged about 61 years,
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION NO: 36862 OF 2024
Between:
Rapaka Venkateshwarlu, S/o.Somaiah, aged about 61 [years, ]Occ. Business,R/o. H.No.22-86/A,/1 , tVallikarjuna Nagar, Jawahar Nagar, Kapra Mandal, Medchalldlakajgiri District, TS.
...PETITIONER
AND
1The State of Telangana, Rep. by its Principal Secretary, MunicipalAdministration and Urban Development Department Secretaiat, [Hyderabad,]TS.Administration and Urban Development Department Secretaiat, [Hyderabad,]TS.
2The District Level Committee Hyderbad District, TS. Rep. by its DistrictCollector.Collector.
3The Greater Hyderabad Municipal Corporation, Tankbund Road, [Hyderabad,]TS - 500063. Rep. by its Commissioner.TS - 500063. Rep. by its Commissioner.
4The Deputy Commissioner, Circle No.2B, Malkajgiri, GHI\,4C, Hyderabad, [TS.]tThe Radha Krishna Co-operative Housing Society Ltd, Reg.No.TAB.No.200,Having its office at Administrative Building, R.K.Housing Society, Neredmet,Medchal-Malkajgiri District, TS. Rep. by its General Secretary.tThe Radha Krishna Co-operative Housing Society Ltd, Reg.No.TAB.No.200,Having its office at Administrative Building, R.K.Housing Society, Neredmet,Medchal-Malkajgiri District, TS. Rep. by its General Secretary.
6R.K.Colony Welfare Association, RKH Colony, It/alkajgiri, [Rep. by ][its. ]GeneralSecretarySecretary
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia [praying ]that [in ][the]circumstances stated in the affidavit filed therewith, the High [Court may ][be]pleased to issue an appropriate Writ, order or direction more partic(larly one inthe nature of Writ of Mandamus declaring the action of the [Respondent ][No.1 ][in]not constituting the District Level Committee U/s.3 of the [TSbPASS ][Act, ][2020 and]Respondent No.2 in not considering the Petitioners Review [Petition]dt.2611112024, U/s.18 of the TSbPASS Act, 2020, as illegal, arbitrary, urconstitutiona I and violation of TSbPASS Act,2O2O and consequently direct theRespondent No.'1 to forthwith constitute the District Level Committee, RespondentNo.2 to consider the Petitioners Review Petition dt.2611212024 and [pending]disposal of the Review Petition Respondent No.3 and 4 not to take coercivesteps.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the [petition, ]the High Court may be [pleased ]todirect the Respondent No.2 to consider the Petitioner's Review Petitiond1.261122024 pending disposal of the above writ petition.
Counsel for the Petitioner : SRI C.H.JAYAKRISHNA
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Counsel for the Respondent No.1 : GP FOR MCPL ADMN URBAN DEVCounsel for the Respondent No.2 : Ms.SRAVANTHI, AGP FOR REVENUECounsel for the Respondent No.3 : SRI MIDDE ARUN KUMAR, SC FOR GHMC--Counsel for the Respondent No.4&5 : The Court made the following: ORDER
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HON,BLE SRI JUSTICE K. LAKSHMANwRIT PETITION No.36862 of 2o24
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ORDER:
Heard Sri C.H. Jayakrishna, [learned ][counsel]appearing for the petitioner, [learned ][Assistant ][Government]Pleader for Municipal Administration [and ][Urban]Development appearing for respondent [No. ][1, ][Ms.Sravanthi,]learned Assistant Government [Pleader ][for ][Revenue]appearing for respondent [No.2 ][and Sri ][Midde ][Arun ][Kumar,]learned standing counsel appearing [for ][respondent ][Nos.3]and 4. Perused the [record.]
2. In view of the nature [of ][relief ][sought ][by ][the]petitioner, this Writ Petition [is]disposed of at theadmission stage dispensing [with ][notice ][to ][respondent]Nos.S ald 6.
3. The petitioner herein is [claiming ][that ][he ][is ][the]absolute owner and possessor [of ][plot ][No.356 ][Part ][(Qlock]No.3O), Sy.Nos.296 and 297, admeasuring [136 ][Sq. ][yards,]situated at R.K. Housing [Society, Neredmet, Malkajgiri]
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Mandal, on the strength of a registered sale deed bearingdocument No.506 1 of 1980, dated 29.05.1980. There aredisputes between petitioner and respondent Nos.s ar1d 6with regard to the subject property. They are title disputes.O.S.No.140 of 2024, filed by respondent No.6 against thepetitioner herein, seeking declaration of title and perpetualinjunction, is also pending.
&. Petitioner obtained building permit order, datedO2.ll.2OlB for construction of Ground + 1 Upper Floor. Onthe complaint lodged by respondent Nos.5 and 6,respondent No.3 has passed revocation order, dated02.04.2024 revoking the said building permit orderobtained by the petitioner on the ground ofmisrepresentation of facts and making fa-lse statementsincluding the pendency of aforesaid suits. Challenging thesaid revocation order, petitioner filed Review under Section18 of TS-bPASS Act, 2020,on 26.12.2024, before theDistrict Level Committee, Headed by the District Colfector,Hyderabad district / respondent No.2 herein. Despite I
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receiving and acknowledging the said Review application on26.L2.2O24, respondent No.2 is not disposing the [said]revlew application. Aggrieved by the said inaction ofrespondent No.2, petitioner fi1ed the present writ petition.
3. Whereas, Ms.Sravanthi, iearned [Assistant]Government Pleader for Revenue appearing for respondentNo.2, on instructions, would submit that respondent No.2will consider the Review application, dated 26.12.2024,filed by the petitioner under Section 18 of TS-bPASS [Act,]2020, strictly in accordance with the [procedure ]laid [down]under law, by putting the petitioner and respondent [Nos.S]and 6 on notice and affording them an opportunity ofpersonal hearing.
5. In view of the said submission, this Writ Petition isdisposed of directing the District Level Committee, [Headed]by the District Collector, Hyderabad district / respondentNo.2 herein to consider the Review application, dated26.12.2024 Iiled by the petitioner challenging therevocation order dated O2.O4.2O24 and pass appropriate li I
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orders, strictly in accordance \Mith procedure laid downunder law. by putting the petitioner and respondent Nos.Sand 6 on notice and affording them an opportunitJ{ ofpersonal hearing. He shall complete the said exercise withina period of four (4) u.eeks lrom the date of receipt of a copyof this order. Liberty is granted to the petitioner as well asrespondent Nos.5 ald 6 to raise all the contentions arldgrounds, which they have raised in the present writpetition, and also to file copies of all documents beforerespondent No.2. Respondent No.2 shall also consider thependency ol the aforesaid suit while deciding the Reviewapplication, dated 26.t2.2O24. Till then, both petitionerand respondent Nos.3 to 6 shall maintain sfa/us quo witL,regard to the subject property in all respects. There shall beno order as to costs.
As a sequel, the miscellaneous petitions, if any,pending in the Writ Petition shall stand closed.
SD/- P. PADMANABHA REDDYASSISTANT BEGISTRAR
i/TRUE COPYi/
SECTION OFFICER
1. The Principal Secretary, tvlunicipal Administration and Urban DevelopmentDepartment, State of Telangana, Secretariat, Hyderabad, TS.Department, State of Telangana, Secretariat, Hyderabad, TS.
2. The District Collector, District Level Committee Hyderbad District, TS..3. The Commissioner, Greater Hyderabad Municipal eorporation, TankbundRoad, Hyderabad, TS - 500063.3. The Commissioner, Greater Hyderabad Municipal eorporation, TankbundRoad, Hyderabad, TS - 500063.
4. The Deputy Commissioner, Circle No.28, Malkajgiri, GHMC, Hyderabad, TS.
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5. One CC to SRI [C.H.JAYAKRISHNA, ][Advocate ][lOPUCl]
6. TwoCCstoGPFoRMCPLADMNURBANDEV,HighCourtfortheStateofTelangana. [OUT]Telangana. [OUT]
7. Two CCs to GP [FOR REVENUE, ][High Court for ][the ][State ][of Telangana ][at]Hyderabad. [OUTIHyderabad. [OUTI
B. One CC to [SRI M.ARUN KUMAR, ][SC ][FOR GHlt/C; ][[OPUC]]
9. Two CD [CoPies.]
BSK
GJP
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HIGH COURTDATED:31 11212024
*cn'[1nE ][{7,1](rIIi0 2 tnlt [zozs].tORDERWP.No.36862 of 2024
DISPOSING OF THE WRIT PETITIONWITHOUT COSTStW