Capt. Ashok Baswa vs The Greater Hyderabad Municipal ...
2021 Latest Caselaw 1215 Tel

        THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                 WRIT PETITION No.9813 of 2021
ORDER:

Heard the learned counsel for the petitioners, learned

Standing Counsel for respondent Nos.1 and 2, and 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 petitioners for production

of Clearance Certificate or No-Objection Certificate from ULC

authorities in respect of the subject plot situated in survey No.73,

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 applications dated 23.01.2016 and 04.10.2021 made

by the petitioners 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 petitioners shall not claim any equities in

case any adverse orders are passed against them in the writ

appeal. In case of any alienation, the petitioners 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 petitioners are 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 : 16.04.2021.

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