THE HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.15750 of 2023

ORDER

Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri S.Surender Reddy, learned counsel appearing for respondents No.2 & 3, Ms. Katta Shravya, learned counsel appearing for respondent No.4, and perused the record.

2. The case of the petitioner, in brief, is that he is the owner of plot No.30 in survey No.441 (Old No.402) of Palivelupula Village, Hanamkonda, having purchased the same under registered sale deed bearing document No.12414 of 2020, dt.29.06.2020; and that he had applied and obtained instant approval for construction of an individual residential building through TS-bPASS online portal on

20.03.2021 and had commenced construction.

3. It is the further case of the petitioner that the 4^th respondent, who is the neighboring plot owner, had encroached on to the petitioner’s property, for which he had approached the 2nd respondent-authority and submitted a representation on 06.03.2021 and 18.05.2021; and based on the said complaint/representation, the 2^nd respondent-authority had revoked the building permission granted to the 4^th respondent.

4. Petitioner further contends that as a counter blast to the aforesaid complaint lodged by the petitioner, the unofficial respondent had approached the respondents-authorities and made a complaint against the construction being made by the petitioner on the basis of the building permission granted in his favour on

20.03.2021.

5. Petitioner further contends that while he was not served with any communication or proceedings canceling/revoking the building permission granted in his favour, the 2^nd respondent-authority by the impugned proceeding issued had held that the subject construction being made by him to be an unauthorized construction and is liable to be removed.

6. Petitioner further contends that the 2nd respondent by the aforesaid proceeding further directed the petitioner to remove the subject construction by treating the same as unauthorized construction within 15 days from the date of receipt of the order, failing which the petitioner was informed that the 2^nd respondent- authority would take action in terms of Section 178(2) of the Telangana Municipalities Act, 2019 (for short ‘the Act, 2019’).

7. Counter affidavit on behalf of the 3^rd respondent is filed. By the counter affidavit, it is stated that since the petitioner had obtained building permission on 20.03.2021 under the provisions of Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020 (for short ‘Act, 2020’), the authorities, after verification of the building permission, revoked the same on 19.05.2021 vide letter No.26109/GWMC/0459/2021 on the ground that there is a dispute with regard to the subject property between one M/s E.Indira and Sammaiah and also a suit is filed by said Sammaiah vide O.S.No.648 of 2021.

8. By the counter affidavit it is further contended that the order of revocation, dt.19.05.2021 was communicated to the petitioner by uploading the same on the TS-bPASS web portal through which the instant approval/building permission was obtained by the petitioner.

9. By the counter affidavit it is further stated that since, the building permission obtained by the petitioner was revoked, the construction made by the petitioner would have to be considered as an unauthorized and illegal construction made and thus, the authorities have issued the impugned order, dt.14.06.2023, holding the subject construction made by the petitioner to be unauthorized construction, directing the petitioner to remove the same.

10. Learned Standing by placing reliance on the counter affidavit would further contend that since the petitioner did not challenge the revocation order, dt.19.05.2021, the impugned proceeding being only a consequential proceeding cannot be called in question.

11. Reply affidavit has been filed on beh