Smt. Junuri Madhavi Latha v. The State Of Telangana

[ 3230 ] HIGH COURT FOR THE STATE OF TELANGANA ATHYDERABAD .

(Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO // PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI ".. WRIT PETITION NO:46700 OF 2022 Between:

Smt. Junuri Madhavi Latha, W/o. Mogili, Occ. Housewife, R/o. H. No.55-4-1282/2, Bheemaram, Hasanparthy Mandal, Hanumakonda District. ...PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department Secretariat, Hyderabad, Telangana.

2. The Greater Warangal Municipal Corporation, Warangal, Warangal District, Rep. by its Commissioner.

3. The Deputy Commissioner, Kazipet Circle-2, Greater Warangal Municipal Corporation, Warangal, Warangal District, /.

"'RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly a Writ of Mandamus declaring the revocation order passed by the 2nd respondent vide letter no, 104347/GWMC1506012021 , dated 06.01.2022 in revoking the permission granted to the petitioner on 22.11.2021 for construction of the residential building at H.NO. 55-4-128212 in Sy.No.1'17lA, 1171B, 117|C, 117/D, 117|E and Sy.No. 117lF, admeasuring 409.03 Sq.

yrds, near to Kasturbha Gandhi Balika Vidhyalayam, Bheemaram, Hasanparthy Mandal, Hanumakonda District without issuing any show cause notice and without giving any opportunity to the petitioner and the consequential show cause notice issued by the 3rd respondent vide File No.E253C11fiPI/V1lClR-11|12022, daled 20.12.2022 for removal of the structure, as illegal, unjust and abuse of process of law and against the provisions of T.S. Municipalities Act and set aside the revocation order passed by the 2nd respondent vide letter no. 104347/GWMC/5060/2021, dated 06.01.2022 and the consequential show cause notice issued by the 3rd respondent vide File No.E253U1rfPM1lClR-11112022, daled 20.12.

lA NO: 1 OF 2022 Petition unde r Section 151 CPC praying that in the circunrstances stated in the affidavit filed in ;upport of the petition, the High Court may be pleased to direct the respondents n( t to demolish the structures raised at H N,l. ri5-4-1282l2 in Sy.No.117lA, 117|E,117|C, 117|D,117|E and Sy.No. 117lF, rclmeasuring 409.03 Sq.yrds, near to Ka )turbha Gandhi Balika Vidhyalayam, Bheernaranr, Hasanpa(hy Mandal, Hanumakcrda District by suspending the revocation order passed by the 2nd respondent vice letter no 104347/GWMC/5060/202'l , d:rted 06.01.2022 and the consequential s 1ow cause notice issued by the 3rd resporrdent vide File No.E253011/TPlfVllClR-11112022, dated 20.12.2022 in lhe rnterest of justice pending disposal of the abo' ,e writ petition;

Counsel for the Pe titiones: SRl. CHATLA MADHU Counsel for the Re spondent No 1 : GP FOR MCPL ADMN UFIBAN DEV Counsel for the Rr spondent Nos 2 & 3: SRI S. SURENDER IIEDDY The Court made tt e following: ORDER

HON'BLE SMT, JUSTICE LALITHA KANNEGANTI WRIT PETITION No.467OO of 2022 ORDER:

This Writ Petition is filed seeking the following reliel " ... to issue a Writ, Order or Direction, more particularly a Writ of Mandamus declaring the revocation order passed by the 2.d respondent vide letter no.lO4347 /GWMC /5060 /2021 dated 06.01.2022 in revoking the permission granted to the petitioner on 22.11.2021 for construction of the residential building at H.No.55-4-1282/2 in Sy.No.117lA, r17 lB, rt7 /C, 117 /D, Ll7 /E and Sy.No. 1f 7/F, admeasuring 409.O3 Sq.yrds near to Kasturbha Gandhi Balika Vidhyalayam, Bheemaram, Hasanparthy Mandal, Hanumakonda District without issuing any show cause notice and without giving any opportunity to the petitioner and the consequential show cause notice issued try the 3'a respondent vide File No.E-253O11/TPIW1/CIR-IIIl2022, dated 20.12.

2022 for relr,oval, of the structure as illegal, unjust and abuse of process of law and against ttre provisions of T S Municipalities Act and set aside the revocation order passed by the 2.d respondent vide letter no.7O4347 /GWMC /5060 /2021 dated O6.01.2O22 and, the consequential show cause notice issued by the 3.d respondent vide File No.E-253O 1 1/TPIW 1/CIRlll /2022 dated 20.12.2O22 in the interest ofjustice and ....." 2.

Mr. Chatla Madhu, learned counsel for the petitioner submits that building permission which is granted to the petitioner is revoked on 06.01.2022 without issuing notice and consequently, a strow cause notice is issued on 20.12.2022. lt is submitted that till the show cause notice is received, the petitioner is not aware of the revocation order dated 06.O1.2022.

'"^r.P.Nr,.46700 of 2022 z Mr. S. Surender Reddy, learned standinil cor-rnsel also does not disput ) the fact that this revocation ,)rder dated 06.O1.2022 is pas scd without any notice.

4 - Both t he learned cor.rnsels submit thal the issue in this Writ Petitic n is squarely covered by the order dated 13.12.2021 in Wr.t Petition No. 2O39a of 2O2l and rartch wherein this Court considerecl the issue at length and passed directions therein at paras - 2 and. 13 and the portion of the s,aid rlirections that are upheld by the Division Bench of th .s court vide judgement dated O8.12.2022 in Writ Appeal No.798 of 2022 are extracted her-eun< [er:

"

12. I I view of the above, this Court rs of th,: opinion that in order to jt stify the action taken by the responctr::rt zruthorities in revoking tlre building permission of the petitioners, tley ought to have acte< [ fairly and in strict adherence to tlre principles of natural justi,:e. However, since the learned Spec al Government Pleader, on irrstructions, submitted that the Lmpullned revocation letters passe J against the petitioners stand u,ittrrlrawn to the extent ()f rer ocation of permission to constn rct buildings, the said submis: ion is placed on record. The impu5;ned revocation letters pass:d by the respondent authoritie; against the petitioners s tand withdrawn to the extent of revocation of permission tr, construct buildings, in terms of sut,missions made by the learnrd Special Government Pleader. The E,etitioners are directed to s ubmit their explanations to the obj,:ctions pointed out in the irnpugned revocation letters to thr:' respondent authorities v ithin a period of two weeks front to<1ay On such submission , rf explatlttions by the petitioners, -he respondent

W.P.No.46700 of 2022 authorities are entitled to pass appropriate orders, in accordance with the provisions of TS-bPASS Act and the Rr-rles rnade thereunder, within a period of one week from the date of receipt of such explanations. It is made clear that untii 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 t5rpe of constructions in their respective subject lands.

3.

In view of the above, the Writ Petition is allowed and the revocation orders dated 06.01.2022 ald the conseqrrential show cause notice 2O.I2.2O22 are set aside. The respondents are directed to follow the guidelines,/directions issued by this Court in Writ Appeal No.798 of 2022 dated 08.12.2022 ald Writ Petition No.2O39B of 2021 and batch dated 13.12.2021 and pass orders in accordance with law. The petitioner shall be given arr opportunity of personal hearing. There shall be no order as to costs.

4.

The Miscellaneous Applications, if any shall stand automatically closed.

SD/- MOHD. SANAULLAH ANSARI ASSISTANT R GISTRAR //TRUE COPY// SECTIO OFFICER

/ To,

1. The Principal Ser:16{3ry, Municipal Administration and Urb;rn Development Department Secr rtariat, State of Telangana, Hyderabad, Telangana.

2. The Commission :r, Greater Warangal Municipal Corporati'rn, Warangal, Warangal District

3. The Deputy Com nissioner, Kazipet Circle-2, Greater Warengal Municipal Corporation, War rngal, Warangal District,

4. One CC to SRl. (.HATLA MADHU Advocate [OPUC]

5. One CC to SRl. S. SURENDER REDDY Advocate [OPUC]

6. Two CCs to GP F OR MCPL ADMN URBAN DEV, High Co rrl for the State of Telangana, Hyde abad. [OUT]

7. Two CD Copies

HIGH COURT LK, J I tI DATED: 301'1212022

ORDER

,)tATe O WP.No.467(,0 of 2022 : i,: ti I\\ $t (i :r, i!.

a\ \.-i\ WP IS ALLC)WED OF WITHOI'T COSTS