Back
\\
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)
THURSDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 34758 0F 2021 Between:
Pitta Dharma Raiu.
S/o.
nyo u.r.rot iizoijijbrriijr, fi3{r"iigjl ,4fli$ ,i$.rjfu Business, ,8i,."t ...PETITIONER AND l The state of reranoana Bep uy its principar secretary, Municipar Administration a nd U rban Deveto[ment o Jp#runt' s" Jr"ijiirt, Hydera bad.
2 The Jagityar Municiparity, Jagityar rown and District, Rep. by its commrssioner.
...RESPONDENTS circumsP te at nit cio en s su tn ad tee dr iA nr t ri hc ere a f2 fi2 d6 av 0 it f iit rh ee o tc no en rest wit iu thti ,o lnn u o Hf ir gn nd i ca "
p ;;r ;a ry "in yg t ilh Ja pt r i "n rr "th oe wt Ro er ii vts os o cu f ae m t ia oan nn da iap nmp r Luo rsp .
r di Na et oce r .
a w Brr in 6it g, 4 o tt 4r hd ree J r Aa o c ctr li ooo n 6lr ze o oc rt t i zto n on e it m in d-o JJ Jre t ae ip e dia "s r op oti oc
5 nu /ir d a ter tl ny zt oo inn i te i s ii s in -u i it i ih n lre g o 'n rn ,a o int tu i scr ee oo ff building permit No, tnu
86474rJAcro'sori0ir eco xn tes ntr tu oct fio 1n 5 o 8f . 4G 3r o Su qn .d y P dl su .s in1 u Sp yp .Ner o .F l 5o 1o 4r /s Hi Htu a ot ie fJ frl ft o tH n. "N So o.2 i7 vr - a1 4 ro - ,2 .t f62 a5o g 2 il i1 l vlD a s it r N ia oln N *t ne l d i n f ao nr District vide TS-bPASS as ilegar, arbitrarv and ;";i;;ry to Terangana Municiparita ien so Act, 2019 and consequenfly set aside the same.
lA NO: 1 o F 202,1 lh: affP ige at yit ii to n fi tu en dd ie nr s se uc pt pio on rt 1 o5 r 1 t nc ep c pe p iitr ia oy ni ,n g in t "h -a Ht isin r ,t h Ce " ;c ,i 1rc u m ;s ;t-a nc es "ust a lt od i suspend the notice of Revocation in Li. No. to
86474/JA Grto63or2o21 dated
0511112021 issued by the 2nd respondent uiJ" is-rpnsS pending disposar of the above writ petition.
Counsel for the petitioner:SRl. VENKAT REDDy KODUMURy Counsel for the Respondent No..l: Gp FOR MCpL ADMN URBAN DEV Counsel for the Respondent No.2:SRt N.PRAVEEN KUMAR(SC FOR MC)
The Court made the following: ORDER -
THE HO VBLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.34758 of 2021 ORDER:
Thir writ petition is being disposed of at the admission stage with the c, of both parties.
'nsent
2. Thi writ petition is tiled seeking the tbllowing relief:
" ..to issue an appropriate writ. order or direction more p rrticularly one in the nature ol writ of Mandamus d:claring the action ofthe 2"d respontlent in issuing notice o' in Revocalion L.r.No.86J741Jn(il/0630/2021 dated
0 ;.1 I .202 I in rer oking thc buildin-q permit I o.86474/JACll0630i 2021 dated 02. 10.202 I granted for c )nstruction ol Ground + I Upper Floor situated at t .No.7-4-265ll/DAI/A/1 in an extent of 158.43 sq. yds. in S y.No.S14/^l{I{ of Mothe Sivar, Jagityal Tow'n & District r ide TS-bPASS as illegal, arbitrary and contrary to l elangana Municipalities Ac!2019 and consequently set a ;ide the same and pass such other order or orders as may c eem fit and proper in the circumstances ofthe case."
3.
Ler med counsel fbr the petitioner submits that the issue raised in this w it petition is squarely covered b1 the order passed by this Court in il.P.No.23 100 ol 2021 dated 21.09.202 I and contends that the preser t u'rit petition be allou'ed in terms o1'the lbove said order
4. Le, rned Governr.nent Ple-ader ancl the Standing Counsel appearing for the respondents did not dispute the said submission
5. In riew of the above submissions and lor the reasons alike in the orde dated 2l .09.2021 in W.P.No.23 100 of 2021, this writ i petition also allowed in terms thereof. No order as to costs.
).
Pending miscellaneous petitions, il any, shall stand closed.
D/-V.KAVITHA ASSISTANT REGISTRAR //TRUE COPY'
SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Telangana, Secretariat, Hyderabad.
2. The Jagityal Municipality, Jagityal Town and District, Rep. by its Commissioner.
3. One CC to SRl. VENKAT REDDY KODUIVURY Advocate IOPUC]
4. Two CCs to GP FOR MCPL ADIVN URBAN DEV ,High Court for the State of Telangana. [OUT]
5. One CC to SRI N.PRAVEEN KUMAR(SC FOR MC)IOPUC]
6. Two CD Copies.
7. One Spare Copy.
(Annex a Copy of the order dt 21 .09.2021 in W,P.23'100 of 2021 to this order)
GB SB HIGH COURT DATED:20101li022
1.
31' a o)h ,4 i)
7 a..
ORDER \
t
01 f:r8 20ZZ t- t WP.No.34758 of 2021 DISPOSINGCFTHEWP AT THE ADMISSION STAGE WITHOUT CCSTS.
ft q
1t I THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.231OO of 2O2l ORDER:
This writ petition is filed declaring the action of the respondents in issuing notice of revocation in Lr.No.27 7 35/ MANC/ O 1 4 5 / 2O2 7, dated 1 0.05.202 1 revoking the building permit No.27735/MANCIOL4S/202|, dated
22.03.2021 granted for construction of ground floor plus two upper floors at House No.23/23 lCHOO44/A11, in an extent of 355 sq.yards in Sy.Nos.474/A e 426/B situated at Lions Club Road, Chunnambattiwada, Garmilla, Mancherial, Adilabad District vide TS-bPASS, as illegal, arbitrary and contrary to Telangana Municipalities Act, 19 and for
20 a consequential direction to set aside the same.
Heard Sri Polisetti Radha Krishna, learned counsel for the petitioner and Sri N. Praveen Kumar, learned Standing counsel appearing for the 2na respondent. With their consent, the present writ petition is disposed of at the admission stage.
A perusal of the record would reveal that the petitioner herein has obtained building permission vide permit No.27735/MANC/0145/2021, dated 22.O3.2O2t in respect of his land admeasuring 355 sq.yards in Sy.Nos.47 4 / A &, 476 /B situated at Lions Club Road, Chunnambattiwada, Garmilla, Mancherial, Adilabad District. The said permit was revoked by the 2i(t respondent vide Letter No.
27735lMANCl0145l2021, dated 10.05.2021 under Section
174 (41 (10) of the Telangana Municipalities Act, 2019 (for short 'the ct') on the ground that said permission was A obtained b1 the petitioner by false statements and misrepresenl rtion of facts'
A perur al of the said revocation order dated 10.05 202 1 would revea that the 2^d respondent has issued the said order under Section \74 (4) (10) of the Act. The said revocation ot der is a punitive order as there is no mention in the said ord,:r with"regard to either serving of notice, calling for explanati :n or affording an opportunity of hearing to the petitioner be lore revoking the building permit granted in his favour. Adn Littedly, revocation of building permit granted in favour of th : petitioner is a punitive action. Any punitive action shoul I be preceded by principies of natural justice' It is settled la v that before initiating any punitive action, the respondent Luthorities are bound to adhere to the principles , of natural jr. stice. The said principle was held by this Court in Mirza K \usru Alt Baig and Others vs, The Greater Municipal ,)orPoration and anotherr' But in the present case, the 2n' respondent has not complied u'ith the same and there is viok tion of principles of naturaljustice.
In vier r of the above discussion and also on the said short point that impugned punitive action of revocation of building per rrit was not preceded by the principles of natural justice, the mpugned revocation order dated 10.05.2021 are
-)
set aside. However, hberty is granted to the 2nd respondent to follow the procedure laid down under law ald also the principles of natural justice before passing orders afresh. Accordingly, this writ petition is allowed. There shall be no order as to costs Miscellaneous petitions, if any, pending, shall stand closed.
K. LAKSHMAN, J
2L.O9.202L dv
