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2025 DIGILAW 274 (TS)

G. Chenna Reddy v. State of Telangana

2025-04-08

K.LAKSHMAN

body2025
ORDER : (K. LAKSHMAN, J.) Heard Sri Jelli Kanakaiah, learned Senior Counsel representing Sri G.Ravindar, learned counsel for the petitioners and Sri Srinivasa Rao Pachwa, learned Standing Counsel appearing for respondent Nos.2 and 3. 2. 1st petitioner is claiming that he is the absolute owner and possessor of Plot bearing No.19 admeasuring 874 square yards in Survey No.7 Part, Ward No.11, Block No.13, situated at Green Hills Colony (New Green Hills Colony), Saroornagar Village and Revenue Mandal, under GHMC L.B.Nagar Circle, on the strength of a registered Sale Deed bearing Document No.3992 of 2018 dated 21.07.2018. He has obtained building permit order dated 13.11.2018 for construction of Stilt + 5 Floors over the subject property. 1 st petitioner has entered into a Development Agreement-cum-General Power of Attorney bearing Document No.370 of 2019 dated 22.01.2019 with 2 nd petitioner. According to the petitioners, they have completed the construction strictly in accordance with the said building permit order dated 13.11.2018. 3. On the complaint lodged by Green Hills Residential Association, 3 rd respondent has issued show cause notice dated 17.10.2019 to the petitioners herein alleging that they have obtained the aforesaid building permit order by way of misrepresentation/suppression of facts. Petitioners have submitted reply. 4. Perusal of record would reveal that 3 rd respondent has issued notice dated 07.08.2019 to the petitioners herein stating that they have encroached into land belongs to Khilla Maisamma Temple. They tried to interfere with the possession of the petitioners over the subject property and construction being carried out by the petitioners pursuant to the aforesaid building permit order. Therefore, petitioners have filed four writ petitions i.e., W.P.Nos.17887, 25849, 26759 and 26797 of 2019 to declare letter dated 07.08.2019 addressed by 3 rd respondent to petitioners as illegal; to declare notice dated 17.10.2019 issued by Deputy City Planner, L.B. Nagar Zone, GHMC, Hyderabad, as illegal; to set aside letter dated 22.11.2019 disposing of reply dated 18.11.2019 by 3 rd respondent and to set aside notice dated 18.11.2019 issued under Section 450 of Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘GHMC Act’), respectively. Vide common order dated 15.03.2021, this Court set aside order dated 18/19.11.2019 passed by Commissioner, GHMC, Hyderabad, 2 nd respondent herein, and remanded the matter back to the official respondents to pass orders afresh duly taking into consideration the reply dated 18.11.2019 submitted by petitioners. Vide common order dated 15.03.2021, this Court set aside order dated 18/19.11.2019 passed by Commissioner, GHMC, Hyderabad, 2 nd respondent herein, and remanded the matter back to the official respondents to pass orders afresh duly taking into consideration the reply dated 18.11.2019 submitted by petitioners. Before passing orders, the authorities shall put all the parties on notice and afford them an opportunity of hearing. Petitioners, if they are so advised, are also permitted to file additional documents or bring to the notice of the authorities subsequent events which may weigh with the authorities. GHMC is free to take the representation made by Green Hills Residential Association stating that they would like to withdraw the original complaint made to GHMC on the basis of which show cause notice was issued and consequential orders were passed which are impugned in the aforesaid writ petitions. 5. Perusal of record also would reveal that thereafter 3 rd respondent has issued a show cause notice alleging that petitioners have obtained building permit order by way of misrepresentation and suppression of facts. 3 rd respondent has also issued order dated 17.02.2023 cancelling the subject building permit order. Challenging the said order, petitioners have filed a writ petition vide W.P.No.5696 of 2023. Vide order dated 28.02.2023, this Court set aside the said order on the ground that 3 rd respondent has no jurisdiction to cancel/revoke the building permit order issued in favour of the petitioners and it is the Commissioner who has power. Therefore, this Court directed 2nd respondent to examine the relevant record relating to the building permit order dated 13.11.2018 granted in favour of petitioners, before taking any decision to revoke the building permit, issue notice to the petitioners as well as all the stake holders and after affording them an opportunity of personal hearing, on considering the entire documents and also report of Zonal Commissioner and pass appropriate orders in accordance with law. 6. In compliance with the said order, vide order dated 20.06.2023, 2 nd respondent has cancelled the building permit order dated 13.11.2018 obtained by the petitioners. Challenging the said order, petitioners filed the present writ petition. 7. 6. In compliance with the said order, vide order dated 20.06.2023, 2 nd respondent has cancelled the building permit order dated 13.11.2018 obtained by the petitioners. Challenging the said order, petitioners filed the present writ petition. 7. Perusal of the impugned order dated 20.06.2023 would reveal that in compliance with order dated 28.02.2023 in W.P.No.5696 of 2023, 2nd respondent has issued the hearing notice, conducted hearing and passed orders in terms of Section 450 of the GHMC Act cancelling the building permit order dated 13.11.2018 obtained by petitioners. Perusal of the said order also would reveal that the 2nd respondent has put the petitioners, Green Hills Residential Association on notice and afforded them an opportunity. They have appeared before the 2 nd respondent in the hearing and submitted their written submissions. 2nd respondent has considered the said written submissions and contentions of the parties and issued order dated 20.06.2023 holding that as per the certified copy furnished by HMDA, the subject site is earmarked as open space. The ownership of open space is vested with the local bodies only. The permission obtained on the subject site by misrepresenting the actual facts (showing layout open space as residential plot). Hence, the permission issued in favour of the petitioners dated 13.11.2018 is cancelled. 8. Referring to information furnished by Public Information Officer of HMDA dated 22.10.2019, Sri Jelli Kanakaiah, learned Senior Counsel appearing for the petitioners would contend that HMDA informed the 2 nd petitioner that layout File bearing No.3382/P7/SD/HUDA/94 in Survey No.7D of Saroornagar Village and Mandal is not available. Even then, 2 nd respondent placed reliance on the certified copy furnished by HMDA with regard to subject property and held that subject property earmarked as open space as per the certified copy furnished by HMDA. Therefore, the finding of 2 nd respondent is contrary to the aforesaid information. He would further submit that HMDA has superimposed the layout and furnished copy of the same to the Green Hills Residential Association and also to GHMC. The same is illegal. 9. As discussed supra, in compliance with order dated 28.02.2023 in W.P.No.5696 of 2023, 2nd respondent has put the petitioners, Green Hills Residential Association Members on notice and afforded them an opportunity. He has also considered the written submissions submitted by both of them. Therefore, the impugned order is not in violation of principles of natural justice. 10. 9. As discussed supra, in compliance with order dated 28.02.2023 in W.P.No.5696 of 2023, 2nd respondent has put the petitioners, Green Hills Residential Association Members on notice and afforded them an opportunity. He has also considered the written submissions submitted by both of them. Therefore, the impugned order is not in violation of principles of natural justice. 10. If the petitioners are aggrieved by the impugned order, they have to approach District Level Committee in terms of Section 18 of the Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020. Section 18 of the Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020 is relevant and the same is extracted below: “ 18. Review of District level cases - Notwithstanding anything contained in any State law, for the time being in force,- (1) The District Committee may, either suo-motu or on an application, examine any order passed by any competent authority, rejecting any clearance or approving it with modification, and if the District Committee considers that there are valid grounds for a change in such decision, it shall forward such case to the State Committee with remarks and relevant documents for a decision; (2) The State Committee shall examine all cases referred to it by the District Committee and pass appropriate orders; (3) The decision taken by the State Committee shall be binding on the District Committee and the respective Competent Authorities.” 11. There are several factual aspects including the genuinity of certified copy of the layout said to have been issued by HMDA and the aforesaid information furnished by Public Information Officer of HMDA dated 22.10.2019 saying that layout File bearing No.3382/P7/SD/HUDA/94 in Survey No.7D of Saroornagar Village and Mandal is not available. Whether the subject property is open space belongs to Khilla Maisamma Temple or not is also a factual aspect. According to the Green Hills Residential Association, the subject property belongs to Khilla Maisamma Temple and in the layout, the said fact is mentioned. Even then, petitioners obtained the said building permit order dated 13.11.2018 by way of misrepresentation/ suppression of facts. According to the petitioner, the subject property belongs to them and 1 st petitioner has purchased the aforesaid property basing on the aforesaid registered Sale Deed. 1 st petitioner has executed a registered Development Agreement-cum-General Power of Attorney bearing Document No.370 of 2019 dated 22.01.2019. According to the petitioner, the subject property belongs to them and 1 st petitioner has purchased the aforesaid property basing on the aforesaid registered Sale Deed. 1 st petitioner has executed a registered Development Agreement-cum-General Power of Attorney bearing Document No.370 of 2019 dated 22.01.2019. The same are factual aspects which this Court cannot consider in the present writ petition filed under Article 226 of the Constitution of India. 12. It is settled law that this Court can consider certain factual aspects in a writ petition filed under Article 226 of the Constitution of India, but certainly not the complicated/serious disputed questions of fact. As discussed supra, in the present case, there are complicated/serious disputed questions of fact, which this Court cannot consider in the present writ petition filed under Article 226 of the Constitution of India. Petitioners have to approach District Level Committee in terms of Section 18 of the Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020. 13. The impugned order is dated 20.06.2023, the petitioners have filed the present writ petition on 28.06.2023. 14. Vide order dated 03.07.2023, this Court directed respondents not to take any further action in terms of the impugned order dated 20.06.2023 and the same is extended thereafter. According to the petitioners, they have completed the construction in accordance with the said building permit order dated 13.11.2018. Therefore, learned Senior Counsel appearing for the petitioners seeks two weeks protection to enable the petitioners to approach District Level Committee in terms of Section 18 of the Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020. 15. It is relevant to note that on the representation dated 01.07.2019 submitted by Green Hills Residential Association, 2 nd respondent has passed impugned order dated 20.06.2023. Vide order dated 28.02.2023 in W.P.No.5696 of 2023, this Court directed the 2nd respondent to pass orders afresh by putting all the stake holders including petitioners, the said Green Hills Residential Association on notice and affording them an opportunity. Accordingly, 2 nd respondent has put both of them on notice and afforded them an opportunity while passing impugned order dated 20.06.2023. Even then, petitioners did not made the said Green Hills Residential Association as party to the present writ petition. 16. Accordingly, 2 nd respondent has put both of them on notice and afforded them an opportunity while passing impugned order dated 20.06.2023. Even then, petitioners did not made the said Green Hills Residential Association as party to the present writ petition. 16. In the light of the same, this Writ Petition is disposed of granting liberty to the petitioners to approach District Level Committee in terms of Section 18 of the Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020 within two (02) weeks from the date of receipt of a copy of this order and till then, respondent Nos.2 and 3 are directed not to proceed further pursuant to speaking order dated 20.06.2023. However, it is made clear that if the petitioners fail to approach District Level Committee in terms of Section 18 of the Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020 within the aforesaid time limit, liberty is granted to respondent Nos.2 and 3 to take steps against the petitioners herein in accordance with law. Liberty is also granted to petitioners to raise all the grounds and contentions which they have raised in the present writ petition before the District Level Committee and it is for the said Committee to consider the same. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.