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2025 Supreme(Online)(TEL) 1543
HIGH COURT OF TELANGANA
K. LAKSHMAN, J
S. B. Shenker Rao – Appellant
Versus
The State of Telangana – Respondent
WP/2254/2025
The Commissioner of GHMC is the sole authority to revoke building permits, and any revocation by an unauthorized party is invalid.
Headnote:(A) Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020 - Section 7 - Greater Hyderabad Municipal Corporation Act, 1955 - Section 450 - Revocation of building permit - Respondent No.3 issued a revocation letter without authority, as the Commissioner is the competent authority for such actions - The petitioner claimed ownership of a plot and had obtained a building permit, which was revoked without proper procedure - The court found the revocation order liable to be set aside. (Paras 5, 6, 9, 10)
(B) Authority to revoke permits - The Commissioner of GHMC holds exclusive power to revoke building permits, and any delegation of this power is impermissible. (Paras 9, 10)
Facts of the case:
The petitioner claimed ownership of a plot and obtained a building permit, which was revoked by respondent No.3 without proper authority or consideration of the petitioner's explanation.
Findings of Court:
The revocation order was set aside, and the respondent was granted liberty to initiate fresh action in accordance with the law, ensuring the petitioner is given notice and an opportunity to be heard.
Issues: The main issues were whether respondent No.3 had the authority to revoke the building permit and the proper procedure for such revocation.
Ratio Decidendi: The court ruled that the revocation order was invalid as it was issued by an unauthorized party, emphasizing the necessity of following proper procedures in administrative actions.
Result: The impugned revocation order dated 21.01.2025 is set aside.
| Table of Content |
|---|
| 1. claim of ownership and permit (Para 2) |
| 2. grounds for revocation (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. authority to revoke (Para 9) |
| 4. invalidity of revocation order (Para 10) |
| 5. writ petition disposed (Para 11) |
ORDER
Heard learned counsel appearing for the petitioner and Sri G. Madhusudan Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4. Perused the record.
2. Petitioner is claiming that he is the absolute owner and possessor of plot No.515-C in Sy.No.77, admeasuring 140 Sq. yards, situated at Kondapur village, Serilingampalli Mandal, Ranga Reddy district, on the strength of a registered sale deed bearing document No.2959 of 1995, dated 08.03.1995. He has obtained building permit order, dated 04.12.2024 for construction of Stilt for parking + 2 Upper floors. Petitioner has not yet commenced the construction. Work commencement letter was not even issued to the petitioner. In the meanwhile, respondent No.3 has issued Show Cause Notice, dated 04.01.2025 for revocation of the said building permit order granted to him. Seven days time was granted to submit explanation. According to the petitioner, he has submitted oral explanation. Without considering the said explanation, respondent No.3 has issued revocation letter, dated 21.01.2025 by revoking the aforesaid building permit order. Aggrieved by the said action of respondent No.3, the petitioner filed the present writ petition.
3. Respondent No.3 has issued revocation letter, dated 21.01.2025 on the following grounds:
“…As per the scrutiny and inspection report of TPS & ACP- 20, The proposals the construction of residential building consist of 1 stilt +2 upper floors over Plot No: 515 TYPE-C, Street/Road: KONDAPUR, Locality: KONDAPUR, Survey No: 77, Kondapur(V), Serilingampally Circle 20, Serilingampally Zone, Serilingampally(M), GHMC, Rangareddy (Dist). Inspected the site, verified the submitted documents and observed that, the proposed site is in the unapproved layout, the applicant has not submitted any regularization proceedings but applied as regularized. Further, the submitted ULC clearance is not tallying with the office records.. Hence the issuance of commencement certificate for Stilt +2 upper floors is here by revocation As per the inspection & scrutiny of report of the TPS, The proposals the construction of residential building consist of 1 stilt +2 upper floors over Plot No: 515 TYPE-C, Street/Road: KONDAPUR, Locality: KONDAPUR, Survey No: 77, Kondapur(V), Serilingampally Circle 20, Serilingampally Zone, Serilingampally(M), GHMC, Rangareddy (Dist).. Inspected the site, verified the submitted documents and observed that, the proposed site is in the unapproved layout, the applicant has not submitted any regularization proceedings but applied as regularized. Further, the submitted ULC clearance is not tallying with the office records. In this regard, a show cause notice may 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 and submit the certified copies of the ULC endorsement, GO along with all the annexures by ULC authorities also to submit the LRS approved copies, otherwise the same will be cancelled without any further notice.
Sri S.B. SHANKAR RAO submitted proposals the construction of residential building consist of 1 stilt +2 upper floors over Plot No: 515 TYPE-C, Street/Road: KONDAPUR, Locality: KONDAPUR, Survey No: 77, Kondapur(V), Serilingampally Circle 20, Serilingampally Zone, Serilingampally(M), GHMC, Rangareddy (Dist).. Inspected the site, verified the submitted documents and observed that, the proposed site is in the unapproved layout, the applicant has not submitted any regularization proceedings but applied as regularized. Further, the submitted ULC clearance is not tallying with the office records. In this regard, a show cause notice may issued to the applicant with a direction to show cause as to why the provisional permissi
