HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.44909 of 2022
O R D E R:
This writ petition is filed seeking the following relief:
"...To issue a Writ Order or Direction more so a Writ in the nature of Writ of Mandamus by declaring the action of the 3rd respondent in insisting the petitioners to produce NOC from ULC Department for Plot No 132-C in Sy No 71 admeasuring 305 Sq yards equivalent to 255 Sq Mtrs situated at Raghavendra Nagar of Kondapur village Serilingampally Mandal under GHMC Ranga Reddy District through the rejection letter dated 05-12-2022 though the same is unsustainable as the ULC Act itself repealed and therefore the same is arbitrary illegal unlawful contrary to law and consequentially to direct the 3rd respondent herein to process the building application of the petitioners without insisting for production of NOC from the ULC Department and may pass..."
2. Learned counsel for the petitioners Sri. Nimmaraboina Naveen submits that the petitioners have purchased the subject property bearing Plot No.132-C, admeasuring 305 Sq yards in Sy.No.71 by way of a registered sale deed dated 28.07.2008 and thereafter they made an application on 17.11.2022 for the building permission but the same was rejected by the respondents vide proceedings dated 05.12.2022 stating that they require ULC clearance from the competent authority. He submits that this Court has passed several orders directing the respondents not to insist for NOC from ULC or from any other departments but the respondents are still insisting for the same.
3. Learned Standing Counsel Sri. M.A.K. Muqheed appearing for respondent Nos.2 & 3 also does not dispute the fact that this Court has passed series of orders and even against one order they have filed an appeal and the Division Bench of this Court has confirmed the said orders.
4. This Court relying on the judgment in Hyderabad Potteries Pvt. Ltd. v. Collector, Hyderabad District and another1 has passed several orders directing the respondents not to insist for NOC from ULC or from any other department and they have to look only at the primafacie title and possession of the applicant. In view of the same, this writ petition is disposed of directing the respondents to process the petitioners' building application without insisting for NOC from ULC or any other department provided the petitioners satisfies the other short falls. No order as to costs.
Miscellaneous applications, pending if any, shall stand closed.
__________________________ LALITHA KANNEGANTI, J 16th December , 2022 myk 1 2001(3) ALD 600