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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction)

THURSDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION NO: 10025 0F 2022 Between:

Chinnam Sathyanarayana, S/o Sri Narsimhulu Aged about 3l years' Occ' d;;i;;.;,-wo' z-a-|\7idi.-(,'ma wada Janalon rown and tvlandal'

Janaaon District.

...PETITIONER AND '1' . The State of Telangana, represented by its Principal Secretary' Municipal nOminAiiation' Sedretariat Buildings' Hyderabad'

2. The Commissioner, Jangaon Municipality Jangaon District'

...RESPONDENTS PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleasedtoissueawritordirectionmoreparticularlyoneinthenatureofwritof mandamus declaring the action of the Commissioner' Jangaon Municipality' 2nd respondenthereindated16-03-202lbyrevokingitsearlierorderinfileno.

22147tJ^Nclozool2o21dated09-03.202linrespectofhouseplotadmeasuring

152.77 square yards comprised in survey number 88 situated at opposite Bus stand, Suryapet road, Jangaon Town and District as unjust' null and void and in ViolationofprinciplesofnaturaljusticeandalsoinviolationofArticle3004ofthe Constitution of lndia and consequently set aside the same in the interest of justice.

IA NO:1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to grantinterimsuspensionofimpugnedrevocationorderdatedl6.03.202lbythe Commissioner Jangu on Municipality, 2nd respondent herein in file no.

t' I

22147lJANGl0200l2Oi pending disposal of the above writ petition.

Counsel for the Petitir ner: SRI ASHOK REDDY KANATHALA Counsel for the Respr ndent No. 1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respr ndent No. 2: SRI N. PRAVEEN KUMAR, SC FOR MUNICIPALITIES The Court made the f< llowing: ORDER THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI W.P. No.1OO25 of 20.rr)

ORDER:

This writ petition has been liled seeking a writ of mandamus declaring the action of the Commissioner, Jangaon Municipality, 2"d respondent herein, dated 16.03.2021 revoking its earlier order in fiLe No.22147 IJLNG/O2OO/2027 dated 09.O3.2O21 in respect of house plot admeasuring 152.77 square yards comprised in Sy.No.SS situated at opposite Bus stand, Suryapet road, Jangaon Town and District as illegal and arbitrary.

2. Hcard thc lcarrrcd counscl lor thc petitioncr and the lcarncd learned Standing Counsel Sri N.praveen Kumar.

3.

Learned counsel for the petitioner submits that the lls in the writ petition is squarely covered by order dated O9.O2.2O22 I passed in W.P. No.7153 of 2022 and the same is not disputed by the learned Standing Counsel.

4. In vie'"r of the same and for the reasons alike, this writ pctition is di ;posed of in terms of ttle order dalcd O9.O2.2O22

5. Accord ng1y, thc revocation order dated i6.03.2021 is set aside and the respondents are therefore directed to follow the guidelines o ' the directions issued by this Court in W. P.

No.7153 of 2 )22.

6. The o1 ice to append a copy of order dated O9.O2.2O22 passed in W P. No.7153 of 2022 to this writ petition.

Accor< ingly, this writ petition is disposed of. No order as to costs.

Miscel laneous applications, if any pending, shall stand closed.

SD/.V.KAVITHA ASSISTANT REGISTRAR ,TRUE COPY' €--

\

SECTION OFFICER To, .

'1 The Principal iecretary. Ivlunicipal Administration, State of Telangana, Secretariat Bt ildings, Hyderabad.

2. The Commiss oner, Jangaon Municipality. Jangaon District.

3. One CC to SF I ASHOK REDDY KANATHALA Advocate IOPUCI

4. One CC to SF I N. PRAVEEN KUMAR, SC FOR MUNICIPALITIES IOPUC]

5. Two CCs to C P FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana at iyderabad. [OUT]

o Two CD Copi :s.

)_-

7 One spare co >y. i'" -1t53"1-

r' ,, alecl oq,ot-'ooz:* L.JP NPJ SB )

HIGH COURT DATED:2 4102t2022 c ti22

14 $AR o ORDER i

:..

WP.No.1002i o12022 DISPOSINC OF THE WRIT PETITION (}OSTS.

WITHOUT THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI ORDER:

This writ Petition has been filed by the petitioner under Article 226 of the Constitution of India seeking a writ of Mandamus' declaring the action of respondent No 2 vide Letter No.875 1 1 /JANG/O 630 | 2021, dated I 1. I 1.202 l, revoking building permission orders vide Permit No.87511 IJLNG/0630l2O2l dt.15.10.2021, issued for construction of individuBl Resid€ntial House in Sy.No 88, Ward No 6, Block No 3' admeasuring 100 Sq.Yards consisting of stilt for Parking +! upper Floors situated at Jangaon Town and Disbict erstwhile Warangal Disrict, as illegal and arbitrary.

2. The brief facts Ieading to filing of this writ Petition are that the petitioner had made an application for construction oI residential house in his plot of land admeasuring 100 Sq Yards in Sy.No.88, watd No.6, Block No.3, situated at Jangaon Town & District. The Respondent No.2, after being satisfled about the primq fdcie title over his plot of land, was pleased to grant permission in his favour through Permit No.87511/JANG/O630l2O2l dt.15.10.2021 after collecting the required permission charges from him, i.e., an amount of Rs.25,662 / -. Thereafter, uide Letter No.875 1 I /JANG/0630 / 2O2 1 dt.11.11.2021, the permission granted to the petitioner was revoked \r'ithout any notice to the petitioner. In the order dt.11.11.2021, the remarks for rejection of the application are mentioned as foilows:

"The mandatary docalments are not upLoade.j"

3. t is the case of the petitioner that the petitioner u.as roL given any opportunity to represent bcfore revocation oI the permi sion already granted ro hrm.

4. vlr.N.Praveen Kumar, Iearned counsel reprerielltir-lg respol dent No.2, is heard.

5. 'he learned Government pleader for i\lur_ricipal Admin stration and Urban Development submits that the pcl irioner had r cplied through TS-bPASS as per the Telangana Stare Buildi: g Permission Approval and Self Certification Sysrem (TS- bPASS Act, 2O2O. The petitioner was granted ins

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