Telangana High Court
WP/46688/2022 of Banoth Padma Vs The State of Telangana on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FR]DAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SN{T JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 46688 OF 2022 Betrveen: Banoth Padma, Wo. Balaji, Occ. Household, fuo. H. No. 8-733,
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)FR]DAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWOPRESENT
THE HON'BLE SN{T JUSTICE LALITHA KANNEGANTIWRIT PETITION NO: 46688 OF 2022
Betrveen:
Banoth Padma, Wo. Balaji, Occ. Household, fuo. H. No. [8-733, ][Laxmipuram, Konijarla]Mandal, Khammam District.
...PETITIONER
AND
l.The State ofTelangana, Represented by its Principal [Secretary, ][Municipal]
Administration and Urban Development [Department, ][Secretariat, at ][Hyderabad.]2.The Khammam Municipal Corporation, [Represented ][by ][its Cornmissioner, ][at]Khammam' Khammam'
...RESP.NDENTS
Petition under Article 226 of the Constitution of [India ][praying ][that ][in ][the]circumstances stated in the affidavit [filed ][therewith, ][the High ][Court ][may ][be ][pleased ][to]issuc Writ or Direction [preferably ]Writ [of ][Mandamus, declaring the notice ][issued ][by ][the]Respondent No. 2 vide Letter No. 198002/KHAM/ [141512022 ][dated ][l5-09-2022 ][as ][illegal,]arbitrary, without authority and violative [ol'principles ][of ][natural ][justice ][and consequently]set aside the same and declare the [permission grantcd earlier is valid.]
IA NOF 2022
Petition under Section 151 CPC [praying ][that ][in ][the ][circumstances stated ][in ][the]affidavit filed in support of the [petition, ][the High ][Court ][may ][be ][pleased ][to ][stay ][the]operation of notice issued by the [Respondent ][No. 2 vide ][Letter ][No.]I 98002/KHAM/ | 41 5 /2022 dated [| ][5 ][-09'2022.]
Counsel for the Petitioner(s):SRl. KOWTURU [PAVAN ][KUMAR]
Counsel for the Respondents: GP FOR MCPL ADMN URBAN [DEV]
Thc Court made the following: ORDER
HON'BLE SMT. JUSTICE LALITIIA I<ANNEGANTI
WRIT PETITION No.4668a of 2022
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ORDER:
This Writ Petition is filed seeking the following reliel ' ... to issue Writ or Direction preferably Writ of Mandamusdeclaring the notice issued by the Respondent No.2 vide L€tterNo.198002/KHAM/L4tS/2022 dated tS_Og_2O22 as i11ega1,arbitrary, without authority and violative of principles of naturaljustice and consequently set aside the same and declare thepermission granted earlier is va_lid arrd .....,,.
2.
2. Heard Mr. Kor,lturu pavan Kumar, learned counsel forthe petitioner and Mr. p. Sreeedhar Rao, learned StandingCounsel for the respondent Municipatity. Both the learnedcounsels submit that the issue in this Writ petition is squarelycovered by the order dated 13.72.2021 in Writ petition No.20398 of 2O2l and batch wherein this Court considered theissue at length and passed directions therein at paras 12 and,13 and the portion of the said directions that are upheld by theDivision Bench of this court vide judgement d,ated 08.12.2022in Writ Appeal No.798 of 2022 are extracted hereunder:
" 12. In view. of the above, this Court is of the opinion thatin order to justify the action taken by the respondent authoritiesin revoking the building permission of the petitioners, they oughtto have acted fairly and in strict adherence to the principles ofnatural justice. However, since the learned Special GovernmentPleader, on instructions, submitted that the impugned revocarionletters passed against the petitioners stand *iJ_ra..*,r, ; ;;extent of revocation of permission to construct buildings, thesaid .submission is placed on record. The impugned r.,rfcatio.,
letters passed by the respondent authorities against thepetitioners stand withdrawn to the extent of revocation ofpermission to construct buildings, in terms of submissions madeby the learned Special Government pleader. The petitioners aredirectecl to submit their explanations to the objections pointedout in the impugned revocation letters to the respondentauthorities within a period of two weeks from today. On suchsubmission of explanations by the petitioners, the respondentauthorities are entitled to pass appropriate orders, in accordancewith the provisions of TS-bpASS Act and the Rules madethereunder, within a period of one week from the date of receiptof such explanationi. It is made clear that untilpassing of orders by the respondent authorities within the timeprescribed on the explanations submitted by the petitioners, thepetitioners shall not proceed with any t5,pe of constructions intheir respective subject lands.
3. In view of the above, the Writ petition is a_llowedsetting aside the revocation orders dated lS.Og .2022 . Therespondents are directed to follow the guidelines/directions issued bythis court in writ Appeal No.79B of 2022 dated oB. 72.2022 and writPetition No.2O398 of 2O2l and batch, dated 13. 12.2021 and passorders in accordance with law. The petitioner shall be given anopportunity of personal hearing. There shall be no order as to costs.4. Miscellaneous Applications, if any, shall standSD/.L.SHIVA PARVATHIautomatically closed any, shall standSD/.L.SHIVA PARVATHIIASSISTANT REGISTRARIr- //TRUE COPY//
SECTION OFFICER
To,
I . The Principal Secretary. [Municipal ]Administration [and. ][Urban ][Development]Department, Secretariat, [State ]of Telangana- [at Hydc;:'-trad.]
2. Thi Commissioner, Klrammam lr4unicipal [Corporation- ][at ][Khammam.]
3. One CC to SRl. KOWTURU PAVANkUMAR [Advocate ][OPUC]
4. Two CCs to [GP ][FOR ][MCPL ]ADMN URBAN [DEV ]'High [Court for ][the ][State ][of]Telangana. [OUT]
5. Two CD [Copies]
HIGH COURT
LKJDATED: 3011212022
ORDERWP.No. 46688 of 2022
WRIT PETITION ISALLOWEDWITIIOUT COSTS
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