THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.16850 OF 2023

ORDER

Heard Sri Jelli Kanakaiah, learned Senior Counsel representing Sri G.Ravindar, learned counsel for the petitioners and Sri Srinivasa Rao Pachwa, learned Standing Counsel appearing for respondent Nos.2 and 3.

2. 1st petitioner is claiming that he is the absolute owner and possessor of Plot bearing No.19 admeasuring 874 square yards in Survey No.7 Part, Ward No.11, Block No.13, situated at Green Hills Colony (New Green Hills Colony), Saroornagar Village and Revenue Mandal, under GHMC L.B.Nagar Circle, on the strength of a registered Sale Deed bearing Document No.3992 of 2018 dated 21.07.2018. He has obtained building permit order dated 13.11.2018 for construction of Stilt + 5 Floors over the subject property. 1^st petitioner has entered into a Development Agreement-cum-General Power of Attorney bearing Document No.370 of 2019 dated 22.01.2019 with 2^nd petitioner. According to the petitioners, they have completed the construction strictly in accordance with the said building permit order dated 13.11.2018.

3. On the complaint lodged by Green Hills Residential Association, 3^rd respondent has issued show cause notice dated 17.10.2019 to the petitioners herein alleging that they have obtained the aforesaid building permit order by way of misrepresentation/suppression of facts. Petitioners have submitted reply.

4. Perusal of record would reveal that 3^rd respondent has issued notice dated 07.08.2019 to the petitioners herein stating that they have encroached into land belongs to Khilla Maisamma Temple. They tried to interfere with the possession of the petitioners over the subject property and construction being carried out by the petitioners pursuant to the aforesaid building permit order. Therefore, petitioners have filed four writ petitions i.e., W.P.Nos.17887, 25849, 26759 and 26797 of 2019 to declare letter dated 07.08.2019 addressed by 3^rd respondent to petitioners as illegal; to declare notice dated 17.10.2019 issued by Deputy City Planner, L.B. Nagar Zone, GHMC, Hyderabad, as illegal; to set aside letter dated 22.11.2019 disposing of reply dated 18.11.2019 by 3^rd respondent and to set aside notice dated 18.11.2019 issued under Section 450 of Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘GHMC Act’), respectively. Vide common order dated 15.03.2021, this Court set aside order dated 18/19.11.2019 passed by Commissioner, GHMC, Hyderabad, 2^nd respondent herein, and remanded the matter back to the official respondents to pass orders afresh duly taking into consideration the reply dated 18.11.2019 submitted by petitioners. Before passing orders, the authorities shall put all the parties on notice and afford them an opportunity of hearing. Petitioners, if they are so advised, are also permitted to file additional documents or bring to the notice of the authorities subsequent events which may weigh with the authorities. GHMC is free to take the representation made by Green Hills Residential Association stating that they would like to withdraw the original complaint made to GHMC on the basis of which show cause notice was issued and consequential orders were passed which are impugned in the aforesaid writ petitions.

5. Perusal of record also would reveal that thereafter 3^rd respondent has issued a show cause notice alleging that petitioners have obtained building permit order by way of misrepresentation and suppression of facts. 3^rd respondent has also issued order dated 17.02.2023 cancelling the subject building permit order. Challenging the said order, petitioners have filed a writ petition vide W.P.No.5696 of 2023. Vide order dated 28.02.2023, this Court set aside the said order on the ground that

3^rd respondent has no jurisdiction to cancel/revoke the building permit order issued in favour of the petitioners and it is the Commissioner who has power. Therefore, this Court directed 2nd respondent to examine the relevant record relating to the buildin