Parumati Suchitra vs State Of Telangana

This Writ Petition is filed seeking a Writ of Mandamus to declare the action of respondent No.2 in issuing the impugned notice of revocation vide letter No.149205/BADE/0173/2022, dated 31.03.2022 revoking the construction permission of the petitioner dated 14.03.2022 as granted by respondent No.2 permitting the petitioner to make construction over plot No.139 and 140, admeasuring 400 Sq. yards in Sy.No.67 at Badepally Village, Jadcherla Mandal, Mahabubnagar District, though the petitioner complied with all the formalities as required under G.O.Ms.No.168, dated 07.04.2012 and though the above plot of the petitioner is not part of any prohibitory list, as illegal and arbitrary, and consequently, direct respondent No.2 not to interfere with the construction activities of the petitioner over the above plot in terms of the permission granted by the Municipality dated 14.03.2022.

Heard Sri M. Damodar Reddy, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1 and Sri N. Praveen Kumar, learned Standing Counsel for respondent No.2.

The learned counsel on either side submit that the issue in this Writ Petition is squarely covered by the order dated 13.12.2021 in Writ Petition No.20398 of 2021 and batch, wherein this Court considered the issue at length and at paras 12 and 13 directed as under :

“12. In view of the above, this Court is of the opinion that in order to justify the action taken by the respondent authorities in revoking the building permission of the petitioners, they ought to have acted fairly and 2 in strict adherence to the principles of natural justice. However, since the learned Special Government Pleader, on instructions, submitted that the impugned revocation letters passed against the petitioners stand withdrawn to the extent of revocation of permission to construct buildings, the said submission is placed on record. The impugned revocation letters passed by the respondent authorities against the petitioners stand withdrawn to the extent of revocation of permission to construct buildings, in terms of submissions made by the learned Special Government Pleader. The petitioners are directed to submit their explanations to the objections pointed out in the impugned revocation letters to the respondent authorities within a period of two weeks from today. On such submission of explanations by the petitioners, the respondent authorities are entitled to pass appropriate orders, in accordance with the provisions of TS-bPASS Act and the Rules made thereunder, within a period of one week from the date of receipt of such explanations. In case, if no orders are passed by the respondent authorities within the time indicated above, there shall be deemed approval of the applications of the petitioners filed for construction of buildings. It is made clear that until passing of orders by the respondent authorities within the time prescribed on the explanations submitted by the petitioners, the petitioners shall not proceed with any type of constructions in their respective subject lands.

As regards the contention of the learned counsel for the petitioner in W.P.No. 32665 of 2021 that the revocation order was passed without recording any objections, the respondent authorities are directed to bring the objections to the notice of the petitioner therein within a period of one week from today; and on receipt of such objections, the petitioner shall submit his explanation to the said objections within two weeks thereafter; and on submission of such explanation by the petitioner, the respondent authorities are entitled to pass appropriate orders in accordance with the provisions of TS-bPASS Act and the Rules made thereunder within one week from the date of receipt of such explanation. In case, if no orders are passed by the respondent authorities within the time indicated above, there shall be deemed approval of the application of the petitioner filed for construction of building. It is made clear that until passing of orders by the 3 respondent authorities within the time prescribed on the explanations submitted by the petitioner, the petitioner shall not proceed with any type of constructions in his subject land.”

In view of the above, the Writ Petition is allowed setting aside the revocation order dated 31.03.2022. The respondents are directed to follow the guidelines / directions issued by this Court in Writ Petition No.20398 of 2021 and batch, dated 13.12.2021 and pass orders in accordance with law. There shall be no order as to costs.

Miscellaneous Applications, if any pending in this writ petition, shall stand automatically closed.