THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION No.10741 of 2021
ORDER:
This writ petition is filed challenging the action of the respondents more particularly respondent No.3 in issuing shortfall Letter vide Lr.No.3/C27/02507/2021, dated 17.03.2021, in respect of the petitioner's property bearing Plot No.M-5A, admeasuring 300 square yards, in Sy.Nos.329/4 & 329/5, situated at Gajularamaram Village, Quthbullapur Mandal, Medchal District.
The case of the petitioner is that she is the absolute owner and possessor of the subject plot having purchased the same through registered sale deed dated 19.08.1995 and ever since then, she is in peaceful possession and enjoyment of the same. The petitioner got regularised the subject plot under Layout Regularization Scheme vide proceeding No.LRS/1437/729/15/NZ/TPS/HO/GHMC/2008, dated 16.01.2009, by paying requisite fee.
The grievance of the petitioner is that when she approached respondent No.3 with an intention to construct a residential house in the subject land with all relevant documents and submitted application dated 05.02.2021, the respondent No.3 has rejected the same by issuing shortfall letter dated 17.03.2021 stating that as per the clarification received from the Tahsildar, Quthbullapur Mandal vide letter No.B/35/2018, dated 05.01.2018, the land in Survey Nos.329/1 to 10 of Gajularamaram Village is treated as Government 2 Land. The relevant paragraph in the impugned shortfall letter dated 17.03.2021 reads as follows:
"The proposals submitted by you in Sy.Nos.329/4 & 329/5 a clarification received from Tahasildar, Quthbullapur Mandal, vide letter No.B/35/2018, dt.05.01.2018, wherein, informed as per Nakal Sathwar of Gajularamaram Village available in the office the Sy.No.329 is recorded as 'Gairan Sakar' (Government Land) and also the Sy.No.329/1 to 10 of Gajularamaram Village have been notified under Section 22-A of Stamps and Registration Act and further informed land in Sy.No.329/1 to 10 of Gajularamaram Village is been treated as Government Land."
Aggrieved by the same, present writ petition is filed.
Learned counsel for the petitioner submits that the very same Tahsildar, Quthbullapur Mandal, who issued the aforesaid letter dated 05.01.2018 stating that the subject land is treated as Government land, has recommended for de-notification of subject lands vide his Report dated 27.08.2005 by elaborately considering the issue; and that stating all those facts, petitioner made a representation to the respondent No.3 on 22.03.2021 for consideration of the same.
Sri Chatla Madhu, learned Standing Counsel for GHMC, submits that since the lands are included under the purview of Section 22-A of the Act, after getting clarification from the concerned Tahsildar, the impugned order has been passed.
In this case it is to be seen that as contended by the learned counsel for petitioner, the respondent No.3 is not obligated to get any NOC from the Tahsildar as per the judgment rendered by this 3 Court in Hyderabad Potteries Private Limited v. Collector, Hyderabad District and another1.
In view of the same, the respondent No.3 is directed to consider the representation of the petitioner dated 22.03.2021 taking into account the above facts and circumstances and take action accordingly within a period of six weeks from the date of receipt of a copy of this order.
Accordingly, the writ petition is disposed of. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
______________________ A.ABHISHEK REDDY, J Date : 09.06.2021 va 1 [2001 SCC OnLine AP 397; (2001) 3 ALD 600; (2001) 3 ALT 200]