THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.16756 OF 2025 ORDER: (ORAL)

This writ petition is filed by the petitioner seeking to declare the action of respondent No.2 in issuing the revocation order vide Notice No.494309/DUND/0239/2025 dated 05.06.2025, as being illegal, arbitrary and violative of principles of natural justice.

2. Heard Mrs. Nidumolu Nagalaxmi, learned counsel for the petitioner, and Mr. Putta Krishna Reddy, learned standing counsel for Municipalities, appearing for respondent No.2.

3. It is claimed that petitioner is the absolute owner and possessor of the land admeasuring 150 square yards in Survey No.170/3 situated at Street/Road No.10, Locality: GLC Cribs, Mallampet Village, Dundigal Gandimaismma Mandal, Medchal Malkajgiri District, having purchased the same under registered sale deed bearing document No.26826 of 2023 dated 05.10.2023. Petitioner applied for building permission through TG-bPASS vide application No.494309/DUND/0239/2025 dated 24.03.2025 by submitting all relevant documents for construction of Stilt for parking and two (2) upper floors residential building, and he was granted instant approval. Petitioner waited for statutory period of twenty one (21) days to commence the construction of building.

Thereafter, he commenced construction in the subject property.

4. It is submitted that after about sixty (60) days, respondent No.2 issued show-cause notice vide Notice No.494309/DUND /0239/2025 dated 24.05.2025 informing the petitioner the below findings:

“the site is not traced out locality and verified the submitted documents some shortfalls. Submit latest EC and Market Value and layout copy with master plan extract certificates. Hence the proposals are rejected.”

It is submitted that on receipt of show-cause notice dated 24.05.2025, petitioner submitted all relevant documents and informed respondent No.2 that site of the petitioner was not inspected by any officials.

5. It is further submitted that as petitioner was not able to upload his reply to the show-cause notice in online portal, he has submitted his explanation to respondent No.2 orally, thereafter, impugned revocation order dated 05.06.2025 was passed revoking the building permission issued to the petitioner.

6. Learned counsel for the petitioner submitted that impugned revocation order is illegal as officials of respondent No.2 have not visited the property of the petitioner. It is submitted that adjoining property admeasuring 120 square yards owned by M/s. Sri Vinayaka Realtors and Developers was sanctioned building permission under Ex.P13, letter of approval for commencement of work under Ex.P14, and building is under construction. Learned counsel for the petitioner has drawn the attention of this Court to the schedule of the property in registered Agreement of sale-cum-General Power of Attorney bearing document No.644 of 2024 dated 06.01.2024, wherein, the subject property of the petitioner is shown as southern boundary.

7. Thus, according to learned counsel for the petitioner when adjoining plot was sanctioned building permission, the action of respondent No.2 in issuing show-cause notice and subsequently the revocation order is arbitrary and without application of mind.

8. Learned standing counsel for respondent No.2 submitted that petitioner has not furnished proper documents and reply to the show-cause notice dated 24.05.2025.

9. Having regard to the above facts and circumstances, and considering that adjoining property of the petitioner was sanctioned building permission, the writ petition is allowed setting aside the impugned revocation order issued by respondent No.2 vide Notice No.494309/DUND/0239/2025 dated 05.06.2025. Further, the petitioner is directed to give detailed explanation to the show-cause notice dated 24.05.2025, by furnishing all his title documents and also the documents of adjacent land owner i.e., M/s. Sri Vinayaka Realtors and Developers. On receipt of such explanation, the concerned officials of r