WP/34490/2023 of Smt.Nagpur Susheela, Vs State of Telangana, on 29 December 2023

ORDER:

This Writ Petition is filed to direct the respondent Nos.2 to5 nor to interfere with the peaceful possession of the [petitioner]over the house property bearing H. No.8-l-293/D/ I situated atDwaraka Nagar Colony, Shaikpet, Hyderabad by suspending theimpugned order dated 22.09.2023 in proceedings No293/TPS/ DClC 18/KZ/GHGMC 12O23 issued by the respondentNo.5.

2. Heard Sri Challa Dhananjay, Iearned Senior Counselappearing Sri Srikanth Sutari, learned Counsel for petitioner,learned Government Pleader for Municipal AdminisLration &Urban Development for respondent No. l, Sri K. Siddarth [Rao,]learned Standing Counsel appearing on behalf of respondentNos.2 to 5 and Sri G. Bhaskar Rcddy, Iearncd Counselappearing on behalf of respondent No.6 and rvith the consent ofthe learned Counsel appearing for the parties, thc Writ Petitionis taken up for hearing and disposal at the stage of admission.3. Petitioner contends that shc is ttre olr'ner o[ the propertybearing H. No.8- l-293/D/2 situated at Dwaraka Nagar Colony,Shaikpet, Hyderabad having obtzrincd the same under a gift deed from her son Ramesh Yadav on O5.O7.2023. The petitionerfurther contends that, since the said housewas an oldconstruction, the petitioner intended to construct a newbuilding, after demolishingthe old structure and hadaccordingly obtained buildingpermission dated 79.07 .2023through TS-bPASS online instant approval system andthereafter commenced the work.

4. Petitioner further contends that the respondent No.6, whois her second son lodged a complaint with the respondentauthorities on 14.08.2023 with regard to the constructionundertaken by her; and that on the basis of the aforesaidcomplaint, the respondent authorities claimed to have issued ashow cause notice dated 28.08.2023 calling upon the petitionerto submit her explanation thereto with regard to theconstruction bcing made in deviation of the sanctioned plan.

5- Petitioner further contends that the aforesaid shou,causcnorice had nor been served on her either in person or throughpost; and that the respondent authorities taking the said shou'cause noticc as served and the petitioner not submittirrg zrnvreplr. thcreto have passed the impugned order holding theconstruction made by the petitioner to be in deviation o[ thcsanctioned plan by not maintaining the mandatory set backs - and directed the petitioner to remove such construction made indeviation of the sanctioned plan, failing which it is proposedthat the respondent authority would take action to remove suchdeviation.

6. Petitioner further contends that, since the petitioner hasnot been served with the show cause notice dated 28.O8.2023 towhich she could have submitted her explanation, the impugnedorder has been passed in violation of principles of naturalj ustice.

7. Per contra, Sri Siddarth Rao, learned Standing Counselappearing on behalf of respondent Nos.2 to 5 by placing beforethis Court the file containing the application made by thepetitioner, would submit that the petitioner had applied forsanction of building permission wherein the contact addresswas shown as 8-1-293/D 12, Dwaraka Nagar Colony, Shaikpet,Hyderabad and obtained Permit Order under TS-bPASS inrespect of the same said property.

8. Learned Standing Counsel further submi[s [hat onreceiving the complaint from the respondent No.6 on14.O4.2O23, the respondent authorities have caused a notice onthe petitioner, uide show cause notice dated 28.08.2O23 callingupon the petitioner to submit her explanation within seven i days; that the aloresaid show cause notice was served to oneMs. Nagamani (watchman) at the address mentioned in theapplication as contact address, which is the same address asthe construction site for which permission has been obtained.l,earned Standing Counsel would further submit that whileserving a copy of the show cause notice to the aforesaidNagamani in the building under construction, the respondentauthorities have also taken photographs of the said watchmanreceiving the notice and the said photographs are available inthe hle.

9. lrarned Standing Counsel further submits that despitethe aforesaid shou,' cause notice being served on the petitioner,as no explanation was submitted, the respondent authoritieshave passed a speaking order on 22.09.2023 and affected theservice of the samc on one Ramesh whose mobile number isalso givcn as 998:t476755, who is none other than thepetitioner's son u.ho had gifted the subject property in favour ofthe petitioner apart lrom handing over the same to thewatchman. Learncd Standing Counsel further submits that thespeaking order u'as also served by pasting the same on the wall.1O. Learned Standing Counsel further submits that theimpugned order has been served on the [petitioner ]in the - manner prescribed under Section 63O of [the Greater ][Hyderabad]Municipal Corporation Act, 1955 (for short the Act') [and]therefore the claim of the petitioner that no notice has [been]issued to her before passing of the speaking order is onlyinvented for the purpose of the present Writ Petition.

11. Learned Counsel appearing on behalf of [the ][respondent]No.6 on the other hand submits that the [respondent ][No.6]subsequent to submitting representation dated [14.08.2023 ][had]submitted further representation on 30.10.2O23 calling uponthe respondent authorities to revoke the building [permission,]since, the said permission had been obtained by [material]misre presentation, fraudulent statement inasmuch as [the]construction had been commenced even before [the ][petitioner]had approached the respondent authorities by submittingapptication lor sanction of building [permission ][and ][obtaining]buitding permission through TS-bPASS online [process.]

12. I have taken note of the respective contentions urged.

13. Petitioner, who is pres€nt before this Court on [being]shou,n of the photographs of the person who had [received ][the]shou'cause notice, refuses to identify the said [person ][Nagamani]and claims ignorance of the existence of the [said ][person]standing in her proper[r. Though the said submission [madc ][by]

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the petitioner in person to this Court does not impress orinspire confidence for being accepted as a correct statementinspire confidence for being accepted as a correct statementbeing made to this Court, however, in order to test herbonahdes, this Court deems it appropriate to direct thepetitioner to treat the speaking order as show cause notice arrdsubmit her explanation thereto within a period of seven days.petitioner to treat the speaking order as show cause notice arrdsubmit her explanation thereto within a period of seven days.

14. At this stage, learned Counsel appearing on behalf ofrespondent No.6 submits that, since the said show cause noticehas been issued on the basis of the complaint dated 14.08.2023and thereafter the respondent No.6 having approached therespondent authorities and submitting a further representationdated 3O. lO.2O23 calling upon the respondent authorities tocancel the building permission, the authorities are required toissue a fresh notice by considering the subsequentrepresen tation / complain t submitted by the respondent No.6.

15. Having regard to the aforesaid submission made by thelearned Counsel for the respondent No.6, this Court is of theview that the rcspondent authorities should be directed to issuefresh show cause norice ro rhe petitioner by taking intoconsideration Lhc rcpresentation submittedby the petltronerdated 14.O8.2O23 and 30.10.2023 ar rheaddressshown ascontact address rn the.rpplicatton made for obtaining building I

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permission as well as present address as mentioned in [the]affidavit filed in support of the present Writ Petition [into ][this]Court to enable the petitioner to submit her explanation [with]regard to the construction being made allegedly in violation ofthe sanctioned plan.

16. At this stage, learned Standing Counsel appearing onbehalf of respondent Nos.2 to 5 assures this Court that therevised shou, cause notice would be issued witltin a period ofone week from today.

17. Since, the respondent authorities have indicated to thisCourt that the authorities would issue fresh show cause notice,this Court is of the view that the respondent authorities shouldbe directed to take further action by following due process of lawby considering the explanation submitted by the petitioner ifany to the notice that would be issued by the respondentauthorities.

18. Subject to the above direction, the Writ Petition isdisposed of. No costs.

Consequcntly, miscellaneous petitions pending if an1'shall stand closcd.

SD/[. ][P. ][PAD][ MANABHA ][REDDY]ASSIST[ANT ][RE][GISTRAR]li,/TRUE [COPY//]rSECTN OFFICER

To,1 . The [PrinciP][ al Secretary]Secretana[ , ][DeP][t, ][st][artment of MuniciP][ate of Telang ana, ][T][al ][elanga][Administration and Urban][ na]DeveloPmention [(G][HMC), Represented ][bY ][it's]2. [The Greater][ Hvd][erabad][ MuniciPa][ I ][CorPora]Commission[er, ][Tank ][Bu][nd, ][HYder][abad]1 . The [PrinciP][ al Secretary]Secretana[ , ][DeP][t, ][st][artment of MuniciP][ate of Telang ana, ][T][al ][elanga][Administration and Urban][ na]DeveloPmention [(G][HMC), Represented ][bY ][it's]2. [The Greater][ Hvd][erabad][ MuniciPa][ I ][CorPora]Commission[er, ][Tank ][Bu][nd, ][HYder][abad]

13. The City Planndr, [breater ][Hyderabad Municipal Corporation ][(GHMC)' ][Tank]tBund. Hvderabad.[4. iru2,il'ri6JirHi$sioner, [G ][H ][MC, ][Kha ][i ][rthabad ][zone' ][Khairthabad'],. +il:"J3|it, [cofir#".ione. ][(cHMc), ][circre-18, ][Jubitee Hi*s ][circte, ][Jubitee].. 3l!€' s uta ri' [Ad ][vocate ]{o f -u-c-1.Jgi:'tf [3't. ];: il; dd i6 [s,i ][t< ][Sioairtn ]"n [nao, ][sc ][ror ][GHtt/Q[-oP-uc]]:t3 -' : ?*: for ine Slate 33 [Ji"s ][[3 ]of Jelangana, [i3lfi'?[i: ]fflf at Hyderabad [I ][#f,:?:?iE{".[Hi] o"," ][ou I I[rop,.nt, ][H ][is ][h co ][u ][rt][.i",o- 10.Two CD [CoPied' ];i, IixiF,IiltIH$[IIilIHiEi1I,I.t:il:t.LIIEIItiIrlirll!rilir .' HIGH COURTr ir li:.irlltH$,DATED:2911212023ri l!th,l;iElt Eiti,i:t''Ill1t\[E ][sTAr€ ]oI(q,1z\c7 [tLB ][202[]Co[ ORDER*li*Dt:t,sI€).WP.No.34+go bf zozsflH,l uir H.F;H'iil DISPOSING OF THE WRIT PETITIONWITHOUT COSTS.

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