THE HONOURABLE SRI JUSTICE K.

LAKSHMAN

WRIT PETITION No.20613 of 2021

ORDER:

This writ petition is filed declaring the impugned

proceedings of the second respondent vide proceedings

No.591/TPS/MC/MNK/2021, dated 16.06.2021, whereby

revoking the building permission granted to the petitioner for

his land admeasuring Ac.0-07 guntas in Sy.No.39 part,

Manikonda Jagir, Gandipet Mandal, Ranga Reddy District,

vide building permit order dated 27.02.2021 unilaterally

without notice to the petitioner, as illegal and arbitrary.

2. Heard Sri M.A.K. Mukheed, learned counsel for the

petitioners and Sri N.Praveen Kumar, learned standing

counsel appearing for the second respondent. With their

consent, this present writ petition is disposed of at the

admission stage.

3. A perusal of the record would reveal that the petitioners

herein have obtained building permission vide permit

N.3128/W1/2020/0184, dated 27.02.2021, in respect of their

land admeasuring Ac.0-07 guntas in Sy.No.39 part,

Manikonda Jagir, Gandipet Mandal, Ranga Reddy District.

The said permit was revoked by the second respondent vide

proceedings No.591/TPS/MC/MNK/2021, dated 16.06.2021

on the ground that the petitioners have obtained the

permission by misrepresentation and concealing of facts

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about pendency of O.S.No.118 of 2021 on the file of XIV

Additional District Judge, Ranga Reddy District.

4. Sri N.Praveen Kumar, learned Standing Counsel

appearing for the second respondent, referring to the show

cause notice dated 08.06.2021, would submit that the second

respondent has served the said notice on Mr.V.Venkatesh and

Smt.Vijayalaxmi and their signatures and mobile numbers

are also mentioned in the show cause notice dated

08.06.2021. Whereas, learned counsel for the petitioners

disputes the same and would submit that the petitioners have

not received any such show cause notice. According to him,

the second respondent has not followed the principles of

natural justice, and the procedure laid down under the

Telangana Municipalities Act, 2019.

5. A perusal of the said revocation proceedings dated

16.06.2021 would reveal that the second respondent has

issued the said proceedings under Section 176(9) of the

Telangana Municipalities Act, 2019. The said action of

revocation is a punitive action as there is no mention in the

said order with regard to either serving of notice on the

petitioners or affording an opportunity of hearing to the

petitioners before cancelling the building permit granted in

their favour. Admittedly, revocation of building permit

granted in favour of the petitioners is a punitive action. Any

punitive action should be preceded by principles of natural

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justice. It is settled law that before initiating any punitive

action, the respondent authorities are bound to adhere to the

principles of natural justice. The said principle was held by

this Court in MIRZA KHUSRU ALI BAIG V/s. THE

GREATER MUNICIPAL CORPORATION1. But in the present

case, the second respondent has not complied with the same.

6. In view of the above discussion and also on the short

point that punitive action should be preceded by the

compliance of principles of natural justice, the impugned

revocation order dated 16.06.2021 is set aside. However,

liberty is granted to the second respondent to follow the

procedure laid down under the Act and also the principles of

natural justice and issue fresh orders.

7. Accordingly, this writ petition is allowed. There shall be

no order as to costs. Miscellaneous petitions, if any, pending,

shall stand closed.

__________________
K.LAKSHMAN, J
Date: 01.09.2021
TJMR

1
2013 (2) ALD 785