THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.13126 OF 2025 ORDER : (ORAL)

Heard Mr. Katike Ravinder Reddy, learned counsel for the petitioner, and Mr. K. Ravi Mahender, learned standing counsel for GHMC, appearing for respondent Nos.2 to 4.

2. Learned counsel for the petitioner submitted that impugned revocation letter issued by respondent No.4 - the Deputy Commissioner, Qutbullapur Circle, vide Lr.No.418360/GHMC /12515/2024 dated 13.12.2024, is illegal and without jurisdiction, as petitioner was not issued any show-cause notice before issuing revocation letter.

3. Learned counsel for the petitioner placed reliance on the order of this Court in W.P. No.32421 of 2024 dated 20.11.2024, wherein, it was held that the Deputy Commissioner does not have any power to revoke the building permission under Section 7(11) of TG-bPASS Act 2020, Rule 12(viii) of TS-bPASS Rules 2020 and Section 450 of the GHMC Act 1955.

4. It is stated that in the impugned letter that during the verification of the title of the petitioner over the subject property, it was found that the subject property falls in open space of Bank Colony (Gram Panchayat Layout) and the same has been handed over to the then Qutbullapur Municipality through registered gift deed bearing document No.3156 of 1994 dated 27.04.1994. Petitioner did not reply to the show-cause notice, hence, revocation letter was issued. However, according to learned counsel for the petitioner, petitioner was not issued any show-cause notice before issuing impugned revocation letter.

5. In the light of above facts and circumstances, considering that revocation of building permission of the petitioner is allegedly made without issuing show-cause notice; it will deprive the petitioner from constructing the building, and as substantial rights over the subject property are in question, in the interest of justice, the impugned revocation letter vide Lr.No.418360/GHMC /12515/2024 dated 13.12.2024 is set aside. The impugned revocation letter dated 13.12.2024 shall be treated as show-cause notice and the petitioner is directed to submit reply to same within a period of seven (7) days from the date of receipt of a copy of this order. On receipt of such explanation, respondent No.2 shall pass orders, duly considering the order passed by this Court in W.P. No.32421 of 2024 dated 20.11.2024, and by affording opportunity of hearing to the petitioner. This entire exercise shall be completed within a period of five (5) weeks from the date of receipt of a copy of this order. Until finalization of enquiry by respondent No.2, petitioner is directed not to undertake any construction in the subject property.

7. With the above observations, the writ petition is disposed of.

There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.

______________________ B. VIJAYSEN REDDY, J April 28, 2025.

MS