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2025 Supreme(Online)(TEL) 3821

THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.6411 OF 2025

ORDER

Heard Smt. Thakur Roopa Singh, learned counsel for the petitioner, Sri G.Madhusudhan Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4 and learned Assistant Government Pleader for Assignment for 5th respondent.

2. Petitioner herein is claiming that he is the absolute owner and possessor of Plot No.817-B admeasuring 200 square yards in Survey No.202, situated at Kondapur Village, Serilingampally Mandal, Ranga Reddy District on the strength of a registered Sale Deed bearing Document No.15229 of 2023 dated 27.09.2023. He has obtained building permit order dated 31.12.2024 for construction of Stilt for parking + 2 upper floors. Petitioner has not commenced construction. In the meanwhile, 3rd respondent has issued show cause notice dated 29.01.2025 stating as follows:

“The Provisional permission obtained for construction of individual Residential Building vide reference 1st cited, has been examined in detail by the Post Verification team as per the rules and regulations in force. It is noticed that it has been obtained by suppressing the material facts and by misrepresentation of documents facts as stated below:

“As per the scrutiny and inspection report of TPS & ACP- 20, Sri ABDUL RAHMAN, submitted proposals the construction of residential building consist of 1 stilt + 2 upper floors over the Plot No: PLOT BEARING NO:817-B, Locality: KONDAPUR, Survey No: 202, Kondapur(V), Serilingampally Circle 20, Serilingampally Zone, Serilingampally(M), GHMC, Rangareddy (Dist). Inspected the site, verified the submitted documents and observed that, the survey numbers 202 are covered under prohibited properties as CEILING SURPLUS LAND. Prior NOC is required from the concerned authorities for issue of building permission. The applicant has not submitted any document with regard to the regularization of said plot from the ULC authorities, In this regard, a show cause notice may be issued to the applicant with a direction to show cause as to why the provisional permission obtained by self-certification should not be revoked within 7 days, otherwise the same will be cancelled without any further notice.\n\n”

Hence you are hereby directed to show cause in writing as to why the provisional permission obtained by you shouldn’t be revoked for the reasons stated as above. Your explanation should be submitted within 7 days from the date of receipt of this notice, failing which the provisional permission granted will be revoked without further notice.”

3. 3rd respondent directed the petitioner to submit explanation within seven days. When petitioner went to office of 3rd respondent to explain the same orally, he refused to hear the same. Thus, according to the petitioner, he has submitted explanation orally. Without considering the same, 3rd respondent has issued revocation letter dated 20.02.2025 revoking the aforesaid building permit order. Challenging the same, petitioner filed the present writ petition.

4. Whereas Sri G.Madhusudhan Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4, on instructions, would submit that 3rd respondent has issued show cause notice dated 29.01.2025 with the aforesaid allegations and despite granting seven days time, petitioner herein failed to submit explanation. Therefore, 3rd respondent has revoked the building permit order dated 31.12.2024 vide revocation letter dated 20.02.2025. There is no error in it. Perusal of revocation letter would reveal that there is no reference to the show cause notice dated 29.01.2025.

5. As discussed supra, the building permit order is dated 31.12.2024. Petitioner obtained the said building permit order under Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020 by uploading all relevant documents by way of self-certification and self-declaration. Thereafter within 21 days, 3rd respondent has to conduct post-verification and issue work commencement letter. Otherwise it amounts to deemed permission in terms of Section

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