Vemula Hanumaiah vs The Greater Hyderabad Municipal ...
2021 Latest Caselaw 1189 Tel

             THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                       WRIT PETITION No.9651 of 2021
ORDER:

Heard the learned counsel for the petitioner, Sri Sampath

Prabhakar Reddy, the learned Standing Counsel for GHMC for

respondent Nos.1 and 2, and the learned Government Pleader for

Revenue for respondent Nos.3 and 4. With their consent, the Writ Petition

is disposed of at the stage of admission itself.

The present Writ Petition is filed seeking to declare the action of the

respondents in insisting the petitioner for production of Clearance

Certificate or No-Objection Certificate from ULC authorities in respect of

the subject plot situated in Survey No.77, Kondapur Village,

Serilingampally Revenue Mandal, Ranga Reddy District, as illegal and

arbitrary.

Admittedly, by virtue of the common order, dated 28.03.2017,

passed by a learned Single Judge of this Court in W.P.No.21580 of 2008 &

batch, the subject land cannot be treated as a surplus land and the relevant

proceedings initiated under the Urban Land (Ceiling and Regulation) Act,

1976, were also quashed.

Though, the learned Government Pleader, on instructions, has

stated that as against the judgment dated 28.03.2017, passed in

W.P.No.21580 of 2008, the Government has preferred an appeal being

W.A.No.166 of 2018, and the same is pending adjudication before a

Division Bench of this Court, but has fairly conceded that no interim

orders are passed thereon till date.

In view of the same, the official respondents are directed to

consider the application dated 29.03.2008 made by the petitioner for LRS

without insisting for production of NOC from the ULC Department, and

pass necessary orders thereon, duly taking into consideration the order of

this Court passed in W.P.No.21580 of 2008 & batch, dated 28.03.2017, as

expeditiously as possible, preferably, within a period of three weeks from

the date of receipt of a copy of this order. However, it is made clear that

any orders likely to be passed by the official respondents are subject to the

final orders likely to be passed in W.A.No.166 of 2018 and batch and the

petitioner shall not claim any equities in case any adverse orders are

passed against him in the writ appeal. In case of any alienation, the

petitioner shall inform the purchaser about the pendency of the litigation

and also that any orders passed by the authorities under the LRS scheme

are subject to the final orders likely to be passed in W.A.No.166 of 2018

and batch, and such alienation made by the petitioner is also subject to the

final result of the W.A.No.166 of 2018 and batch.

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: 15.04.2021 va