Telangana High Court
WP/46623/2022 of G.V.D.K Sastry Vs The State of Telangana on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 46623 OF 2022 Between: 1. G.V.D.K Sastry, S/0 G.V.VSatyanarayana Aged about 51
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IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO: 46623 OF 2022
Between:1. G.V.D.K Sastry, S/0 G.V.VSatyanarayana Aged about 51 years, OccBusiness R/O 34-130, Flat No 27 , Krupa Krishna Apartment PragathiNilayam, Bharani Colony Tirumalagiri sainikpuri Hyderabad1. G.V.D.K Sastry, S/0 G.V.VSatyanarayana Aged about 51 years, OccBusiness R/O 34-130, Flat No 27 , Krupa Krishna Apartment PragathiNilayam, Bharani Colony Tirumalagiri sainikpuri Hyderabad2. Smt K.S.Suhasini. Wo G V.D.K Sastry Aged about 44 years, OccHousehold R/O 34-130, Flat No 27 , Krupa Krishna Apartment PragathiNilayam, Bharani Colony Tirumalagiri sainikpuri HyderabadHousehold R/O 34-130, Flat No 27 , Krupa Krishna Apartment PragathiNilayam, Bharani Colony Tirumalagiri sainikpuri Hyderabad
...PETITIONERS
AND1The State of Telangana, Represented by Principal Secretary MunicipalAdministration and Urban Development Department Secretariat, Hyderabad,Telangana State 500022.1The State of Telangana, Represented by Principal Secretary MunicipalAdministration and Urban Development Department Secretariat, Hyderabad,Telangana State 500022.2The Greater Hyderabad [,ilunicipal Corporation, Rep by its Commissioner,GHMC, Tank Bund Road HyderabadGHMC, Tank Bund Road Hyderabad3The Kapra Municipality, Rep by its Commissioner Kapra, Medchal-MalkajgiriDistrictDistrict4The Deputy Commissioner, Circle-1 Kapra Municipality, Kapra, Medchal-Malkajgiri DistrictMalkajgiri District5. The Assistant Crty Planner, Circle-1 Kapra lt/unicipality Kapra, Medchal-Malkajgiri DistrictMalkajgiri District
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue writ in the nature of Mandamus, declaring the Revocation LetterNo 2017141GHMC11650412022 DI 27-10-2022 issued by the Respondent No 4thereby revoking the Building Permission Vide File No2017 1 ICHMC| I 650412022 Permit No 2017 1 4l9409lGHMCl2022 issued by theRespondent No 1 in favour of the [petitioners ]for construction of ResidentialBuilding on Plot No 129C,D and 130C, D admeasuring 156.05 Sq Yds [forming]part of Sy Nos 591, 595 and 596 Eshwarpuri Colony Kapra Under GHMC as illegal, arbitrary. contrary to law and violation of Article 300A of Constitution oflndia and principles of natural [justrce ]and set-aside the same.
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased toSUSPEND the Revocation Letter No 2017141GH\AC11650412022 Dt 27-10-2022issued by the Respondent No 4 thereby revoking the Building Permission VideFile No 2017 1 4lGHMCl 1 650412022 Permit No 2017 1 4l9409lGHMCl2022 issuedby the Respondent No 1 in favour of the petitioners for construction ofResidential Building on Plot No 129C,D and ['130C, ]D admeasuring 156.05 SqYds forming part of Sy Nos 591, 595 and 596 Eshwarpuri Colony Kapra UnderGHMC pending disposal of the present Writ Petition.
Counsel for the Petitioner: SRI G.K. DESHPANDE
Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION ANDURBAN DEVELOPMENT
Counsel for the Respondent No.2 toS: SRI M. DURGA PRASAD, SC FOR GHMCThe Court made the following: ORDER
THE HON'BLE SMT. JUSTICE LALITHA I(ANNEGANTI
WRIT PETITION No.46623 of 2O22
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ORDER:
The r,r.rit pcl ition is filed seeking tl-re lollowing reliel
"... to issue writ in the nature of Mandamus declaring the RevocationLetter No.2O17l4lGHMC/16504/2022 Dt.27 -lO-2O22 issued by theRespondent No.4 thereby revoking the Building Permission Vide File No.2Or7 14 IGHMC/ t65O4 12022 Permit No.2O77 14/91O9 lGHMCl2022issued by the Respondent No.1 in favour of the petitioners forconstruction of Residential Building on Plot No. 129C, D and 130C, Dadmeasuring 156.05 Sq.Yds forming part ot Sy.Nos.59 1, 595 and 596,trshwarpuri Colony, Kapra Under GHMC as illegal, arbitrary, contra,T tojaw and violation of Article 3004 of Constitution of India and principles ofnatural [justice ]and set-aside the same arrd ....."-
2. N{r. G.K. Deshpande, learned counsel for the petitioners submits that the petitioners are owners and possessors of subject property which'"r'aspurchased by hirn through a registered sale deed dated 29.07.2022. Hesubmits that the petitioners vendor has purchased the said property by wayof registered sale deed on 19.03.2018. He submits that earlier, thepredecessor in title has applied for regularization under LRS scheme and thesarne was granted on 72.07 .2017. He sttbmits that the regularization iseffected after issuance of the requisite NOC [from ]the [Special ][officer ][and]C-qmpetent authorJty, ULC, HyderaLrad on 14.03.2007. lt is stated [that ][after]purchasing the property, the petitioners have made an application forconstruction of building and [without ][any ][notice ]and [without ][any ][opportunity]to the petitioners, the respondents [have passed ][the ][impugned ][revocation]
letter dated 27.1O.2022 stating that the proposed site is falling in FTL/Bufferzone of Oora Cherur.,u, Kapra.
3. Learned cotrnsel for the petitioners submits that thcreafter, thepetitioner has submitted a representation to the respondents on 27.1O.2O22.He submits that u,hen the respondents have regularized [the ]said [plot ][after]receiving the necessary amount, now it is not open for them to say that thesite falls under buffer zone.
4. lVIr. M. Durga Prasad, learned standing counsel for the respondentmunicipality submits that a [joint ]inspection of the municipaLitr'. revenue andirrigation was done and in tl.e inspection, it is found that lhis land lailsn'ithin the buffer zone, as such, they have issued the impugned letterrejecting the permission.
5. When the pctitioners have made an application secking buildingpermission basing on a registered sale deed and the respondents have cometo the conclusion that the site falls under buffer zone. thev ought to haveissued a notice to the petitioners and should have given an opportunity andadmittedly, in the said the petitio4ers have not participated and thel:xrveyr have no knowledge about the same.
6. In view of the same, the impugned proceedings dated 27.1O.2O22that were issued without notice to the petitioners are set aside and therespondents shall consider the reply of the petitioners dated 27.1O.2O22 and, pass appropriate orders in accordance with lau' arrd if required, anopportunit]: of personal hearir-rg shall be given to thc pctitioners. The entireexcrcise shall be completed u,ithin a period ol [(.1) ]u.ceks lrom the date ofreceipt of coplr of the order. Until such time, the petitioners shall not makeany construction.
7 . Accordingly, the $,rit petition is aliou.t:d. There si-ra1l be no orderas to costs.
The Miscellaneous Applications, ii anJ., sha11 standautomaticalllq closed.
VASSDiRARDEPUTY//TRUE [COPY/I]SECTION [O FICER]To,t"**:1i jf ' ffi :: It?i,u,l,ti*"' il*:"ffi :lffi "'135'Y:lh:3;'r3:.'"'tt[t+it*i1'[-Jr,s*'*l|*:'"ilt3lviv'?f : ffi3?,:'!1i|J"ftifl:;::"', [circre-1 ][Kapra ][Municipa,tv Kapra' ][Medchar-]tffi1g!;B;Ef fr'ffi [:#rffi$$fr$:f; ][Fou[trr""":$sj!:^"'']n f?uJJ, "oo'"'BNSBa-F
HIGH COURT
DATED:3011212022
ORDERWP.No.46623 of 2022
ALLOWING THE WRIT PETITIONWITHOUT COSTS
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