WP/46700/2022 of Smt. Junuri Madhavi Latha Vs The State of Telangana on 30 December 2022

ORDER:

This Writ Petition is filed seeking the following reliel

" ... to issue a Writ, Order or Direction, more particularly a Writof Mandamus declaring the revocation order passed by the 2.drespondent vide letter no.lO4347 /GWMC /5060 /2021 dated06.01.2022 in revoking the permission granted to the petitioneron 22.11.2021 for construction of the residential building atH.No.55-4-1282/2 in Sy.No.117lA, r17 lB, rt7 /C, 117 /D,Ll7 /E and Sy.No. 1f 7/F, admeasuring 409.O3 Sq.yrds near toKasturbha Gandhi Balika Vidhyalayam, Bheemaram,Hasanparthy Mandal, Hanumakonda District without issuingany show cause notice and without giving any opportunity to thepetitioner and the consequential show cause notice issued try the3'a respondent vide File No.E-253O11/TPIW1/CIR-IIIl2022,dated 20.12.2022 for relr,oval, of the structure as illegal, unjustand abuse of process of law and against ttre provisions of T SMunicipalities Act and set aside the revocation order passed bythe 2.d respondent vide letter no.7O4347 /GWMC /5060 /2021dated O6.01.2O22 and, the consequential show cause noticeissued by the 3.d respondent vide File No.E-253O 1 1/TPIW 1/CIR-lll /2022 dated 20.12.2O22 in the interest ofjustice and .....".

2.

2. Mr. Chatla Madhu, learned counsel for the petitionersubmits that building permission which is granted to thepetitioner is revoked on 06.01.2022 without issuing notice andconsequently, a strow cause notice is issued on 20.12.2022. lt issubmitted that till the show cause notice is received, thepetitioner is not aware of the revocation order dated 06.O1.2022.

Mr. S. Surender Reddy, learned standinil cor-rnsel alsodoes not disput ) the fact that this revocation [,)rder ][dated]06.O1.2022 is pas scd without any notice.

4 - Both t he learned cor.rnsels submit thal the issue inthis Writ Petitic n is squarely covered by the order dated13.12.2021 in Wr.t Petition No. 2O39a of 2O2l and rartch whereinthis Court considerecl the issue at length and passed directionstherein at paras [- ]2 and. 13 and the portion of the s,aid rlirectionsthat are upheld by the Division Bench of th .s court videjudgement dated O8.12.2022 in Writ Appeal No.798 of 2022 areextracted her-eun< [er:

" 12. I I view of the above, this Court rs of th,: opinion thatin order to jt stify the action taken by the responctr::rt zruthoritiesin revoking tlre building permission of the petitioners, tley oughtto have acte< [ fairly and in strict adherence to tlre principles ofnatural justi,:e. However, since the learned Spec al GovernmentPleader, on irrstructions, submitted that the Lmpullned revocationletters passe J against the petitioners stand u,ittrrlrawn to theextent [()f ]rer ocation of permission to constn rct buildings, thesaid submis: ion is placed on record. The impu5;ned revocationletters pass:d by the respondent authoritie; against thepetitioners s tand withdrawn to the extent of revocation ofpermission tr, construct buildings, in terms of sut,missions madeby the learnrd Special Government Pleader. The E,etitioners aredirected to s ubmit their explanations to the obj,:ctions pointedout in the irnpugned revocation letters to thr:' respondentauthorities v ithin a period of two weeks front to<1ay On suchsubmission [, ]rf explatlttions by the petitioners, -he respondent authorities are entitled to pass appropriate orders, in accordancewith the provisions of TS-bPASS Act and the Rr-rles rnadethereunder, within a period of one week from the date of receiptof such explanations. It is made clear that untiipassing of orders by the respondent authorities within the timeprescribed on the explanations submitted by the petitioners, thepetitioners shall not proceed with any t5rpe of constructions intheir respective subject lands.

3. In view of the above, the Writ Petition is allowedand the revocation orders dated 06.01.2022 ald theconseqrrential show cause notice 2O.I2.2O22 are set aside. Therespondents are directed to follow the guidelines,/directionsissued by this Court in Writ Appeal No.798 of 2022 dated08.12.2022 ald Writ Petition No.2O39B of 2021 and batch dated13.12.2021 and pass orders in accordance with law. Thepetitioner shall be given arr opportunity of personal hearing.There shall be no order as to costs.

4. The Miscellaneous Applications, if any shall standautomatically closed.

SD/- MOHD. SANAULLAH [ANSARI]ASSISTANT R GISTRAR

//TRUE COPY//

SECTIOOFFICER

To,

1. The Principal Ser:16{3ry, Municipal Administration and Urb;rn DevelopmentDepartment Secr rtariat, State of Telangana, Hyderabad, Telangana.Department Secr rtariat, State of Telangana, Hyderabad, Telangana.

2. The Commission :r, Greater Warangal Municipal Corporati'rn, Warangal,Warangal DistrictWarangal District

3. The Deputy Com nissioner, Kazipet Circle-2, Greater Warengal MunicipalCorporation, War rngal, Warangal District,Corporation, War rngal, Warangal District,

4. One CC to SRl. [(.HATLA ]MADHU Advocate [OPUC]

5. One CC to SRl. S. SURENDER REDDY Advocate [OPUC]

6. Two CCs to GP F OR MCPL ADMN URBAN DEV, High Co rrl for the State ofTelangana, Hyde abad. [OUT]Telangana, Hyde abad. [OUT]

7. Two CD Copies

HIGH COURT

LK, JDATED: 301'1212022

ORDER

WP.No.467(,0 of 2022

WP IS ALLC)WEDOF WITHOI'T COSTS

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