THE HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.8254 OF 2024

ORDER:

This Writ Petition is filed for issuance of Writ of Mandamus to declare the illegal action of the respondents more particularly respondent Nos.3 and 4 herein in revoking the building permission application of the petitioner for construction of stilt + 2 Upper floors in respect of premises bearing No.16-2-738/14, Plot No.37 (Part-3), admeasuring 175 square yards, situated at Gaddiannaram, Hyderabad vide Revocation Letter No.357405/GHMC/22729/2023 dated 31.01.2024 and insisting for obtaining NOC from respondent No.5 for grant of building permission vide Intimation Lr. No.738/TPS/ACP/C6/CRZ/GHMC/2024 dated 29.02.2024, as being illegal, arbitrary, in violation of Articles 14, 21 and 300-A of the Constitution of India, in violation of GHMC Act, besides being in violation of principles of natural justice and consequently to set aside the Revocation Letter, including the direction to the respondents herein to accord building permission to the petitioner without insisting for NOC from respondent No.5 and by considering the building permission application of the petitioner.

2. Heard learned Counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri Praveen Kumar Veerjala, learned Standing Counsel, appearing for respondent Nos.2 to 4, learned Government Pleader for Revenue appearing for respondent Nos.5 and 6 and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the stage of admission.

3. Shorn of unnecessary details, the case of the petitioner in brief, is that she had approached the respondent authority and submitted an application dated 26.12.2023 seeking for grant of building permission for construction of stilt + 2 upper floors and obtained instant approval; that the 3rd respondent issued show cause notice dated 11.01.2024 calling upon the petitioner to submit her explanation within seven days as to why the provisional permission should not be revoked as the same has been obtained by suppressing the material facts and misrepresentation of documents/facts; and that the respondent authority by issuing the impugned proceeding dated 31.01.2024 had revoked the building permission granted in favour of the petitioner and also issued intimation letter dated 29.02.2024 directing the petitioner to obtain NOC from the Tahsildar, Saidabad Mandal as the subject site falls under ‘Kharij khata’

for taking further action in the matter.

4. Petitioner contends that insisting for obtaining NOC from the revenue authorities was held to be invalid prescription by this Court in various decisions including W.P. No.31064 of 2023 wherein this Court had followed the judgment rendered in the case of Hyderabad Potteries Private Limited v/s. Collector, Hyderabad, [MANU/AP/0361/2001=2001(3) ALD 600] and Mir Sayeed Khan Asad Khan v. State of Telangana, [MANU/TL/0208/2021]

5. Per contra, learned Standing Counsel appearing on behalf of respondents submits that since, the petitioner had obtained permission in respect of land noted as ‘Kharij khata’, the impugned order of revocation of the provisional building permission has been passed by the authorities on 31.01.2024 and since, the building permission has been obtained by the petitioner under TS-bPASS Act, 2020, the petitioner can avail the remedy of a review provided under Section 18 of the TS-

bPASS Act, 2020.

6. I have taken note of the aforesaid submissions made by the learned Counsel appearing for the parties.

7. This Court, by order dated 27.03.2024 in W.P. No.7211 of 2024, while considering a similar issue taking note of the fact that the TS-bPASS Act, 2020 is a special enactment having overriding effect on other laws and also taking note that Section 18 of the Act confers powers on the District Level Committee to review the decision taken by the authorities under the Act at the District