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2024 Supreme(Online)(TS) 11313

THE HON’BLE SRI JUSTICE T. VINOD KUMAR

Writ Petition No.9959 of 2024

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus to declare the action of the respondents, more particularly respondent No.3, in issuing the impugned letter, dt.16.02.2024, revoking the building permission application made by the petitioner for grant of permission for construction of individual residential building of Ground + 2 upper floors on the property bearing Plot No.P-98, admeasuring 200 square yards in Sy.Nos.309 to 316 and 318 of Mahadevapuram Residential Layout Project Phase III, Gajularamaram Village, Quthbullapur mandal, Hyderabad, as being illegal, arbitrary and in violation of Articles 14, 21 and 300-A of the Constitution of India.

2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri M.Dhananjay Reddy, learned Standing Counsel, appearing for respondent Nos.2 and 3 and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

3. Shorn of unnecessary details, the petitioner contends that she is the owner of Plot No.P-98, admeasuring 200 square yards in Sy.Nos.309 to 316 and 318 of Mahadevapuram Residential Layout Project Phase III, Gajularamaram Village, having purchased the same under registered sale deed dt.27.08.2021.

4. Petitioner further contends that intending to construct a residential house in the aforesaid plot, she had made an application dt.28.12.2023 through TS-bPASS online portal by uploading all the relevant documents seeking building permission.

5. Petitioner further contends that to her shock, the authorities have issued the impugned proceeding by which the permission obtained by her through TS-bPASS online self-certification process has been revoked by mentioning that as per the proposed site co- ordinates, the site falls in Sy.No.329 of Gajularamaram Village, and as such, the petitioner’s site is not tallying with the registered document survey number.

6. Petitioner further contends that though the authorities have stated as to the site co-ordinates not tallying with the registered document survey numbers, no basis for the aforesaid statement is mentioned in the impugned order and as such the impugned order is bad in law.

7. It is also the contention of the petitioner that though the rejection order refers to a show-cause notice, dt.19.01.2024, no such notice was served on the petitioner enabling her to submit explanation thereto, and thus the impugned order has been passed in violation of principles of natural justice.

8. Per contra, learned Standing Counsel appearing on behalf of respondent Nos.2 and 3 submits that the petitioner applied for building permission claiming her plot of land as falling in survey Nos.309 to 316 and 318 of Gajularamaram Village, but is in fact proceeding with the construction in the land falling in survey No.329.

9. Learned Standing Counsel further submits that on noticing that the site co-ordinates do not tally with the plot of land being claimed by the petitioner, they had issued a show-cause notice, dt.19.01.2024.

10. On being queried by this Court as to on whom and how the aforesaid show-cause notice was served, learned Standing Counsel, on instructions, submits that the aforesaid show-cause notice has been uploaded on the TS-bPASS online web portal.

11. I have taken note of the respective contentions urged.

12. Without delving into various contentions urged, it is to be noted that the TS-bPASS Act, 2020, through which layout/building permission is required to be obtained, does not prescribe the mode of service of the communication nor does it mention that the communication in respect of any application made through the said portal would only be by uploading the same on the said web portal, requiring an applicant to keep watch/access the portal on a daily basis.

13. It may not be out of place to take note of the fact that the building permissions in

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