THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.10143 of 2005 ORDER : In this Writ Petition the petitioner has questioned the order of the first respondent/Government issued in Memo No.6676/M1/2004-7, dated 18-02-2005, by which the first respondent/Government rejected the revision petition filed by the petitioner confirming the orders passed by the second respondent/Commissioner, Municipal Corporation of Warangal in Roc.No.G1/2034/99-04, dated 06-07-2004. By the order, dated 06- 07-2004 in Roc.No.G1/2034/99-04, the Commissioner in exercise of powers under Section 450 of the Hyderabad Municipal Corporation Act cancelled the building permission granted to the petitioner in Sy.No.554 of Waddepally Village. The petitioner claiming title and ownership with regard to the residential site based on purchase by a registered sale deed, applied for grant of permission for construction of house in Sy.No.554 of Waddepally Village and the same was granted vide proceedings in Roc.No.G1/5235/97, dated 10-04-1997. As constructions were not started immediately, he has taken further permission vide Permit No.132, dated 02-11-1999. After grant of permission, in view of the communication by the Government to the effect that the land in Sy.No.554 of Waddepally Village was declared as excess land under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976, proceedings were initiated by the second respondent/Commissioner for cancellation of permission granted to the petitioner. In spite of submission of the explanation by the petitioner, the second respondent/Commissioner passed orders, dated 06-07-2004 in Roc.No.G1/2034/99-04 canceling the permit No.132, dated 02-11- 1999 on the ground that though the said land was declared as an excess land, the petitioner has obtained the permission by misrepresentation. Aggrieved by the order of cancellation, the petitioner has preferred revision petition on 03-08-2004 before the Government, but the same was also ended in dismissal vide the impugned proceedings, dated 18-02-2005 issued in Memo No.6676/M1/2004-7. In the Writ Petition it is the grievance of the petitioner that though there was no misrepresentation, the order of cancellation was passed and even the Government disposed of the revision petition filed by the petitioner without assigning any valid reason and without even giving opportunity to present the case of the petitioner. The second respondent has filed counter-affidavit. From the perusal of the counter-affidavit, the only reason for cancellation appears to be the communication of the Government to the effect that the land in Sy.No.554 of Waddepally Village was declared as an excess land under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 and in spite of the same, the petitioner obtained the permission for construction. When the matter is taken up, the learned counsel for the petitioner has filed a copy of the proceedings, dated 12-04-2007 issued by the Competent Authority in C.C.No.SO&CA:A1/4551 to 4552/76, by which the Competent Authority under the Urban Land Ceiling allotted the very same site to the petitioner under Section 23(4) of the Act in view of the G.O.Ms.No.455, Revenue (UC-I) Department, dated 29-07-2002. In view of the allotment of the site on which permission was granted by the Competent Authority is now ordered to be regularized by allotting very same piece of land to the petitioner, the very reason for cancellation does not survive now. In that view of the matter, I deem it appropriate that the matter should be re-examined by the second respondent/Commissioner in the light of the orders issued by the Competent Authority, dated 12-04-2007 issued in C.C.No.SO&CA:A1/4551 to 4552/76. For the aforesaid reasons, the order, dated 06-07-2004 issued in Roc.No.G1/20343/99 by the Commissioner, Municipal Corporation of Warangal and further orders of the Government, dated 18-02-2005 issued in Memo No.6676/M1/2004-7, are hereby quashed with a direction to the second respondent/Commissioner to consider the matter afresh taking into account the orders of the Special Officer and Competent Authority, Urban Land Ceiling, dated 12-04-2007 issued in C.C.No.SO&CA:A1/4551 to 4552/76. The second respondent shall notify the petitioner by fixing the date of hearing before passing appropriate orders in the matter. Subject to above directions, the Writ Petition is allowed. There shall be no order as to costs. _____________________ R.SUBHASH REDDY, J. 16th December, 2009. skmr THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.10143 of 2005 Date 16-12-2009 Between : Praveen Kumar Daga .. Petitioner And The Government of Andhra Pradesh, Department of Municipal Administration and Urban Development, rep. by its Secretary, Secretariat Buildings, Secretariat, Hyderabad and another .. Respondents