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Pamidimukkala Giridhar vs The Greater Hyderabad Municipal ...
2021 Latest Caselaw 404 Tel

Citation : 2021 Latest Caselaw 404 Tel
Judgement Date : 11 February, 2021

Telangana High Court
Pamidimukkala Giridhar vs The Greater Hyderabad Municipal ... on 11 February, 2021
Bench: A.Abhishek Reddy
        THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                WRIT PETITION No. 3282 of 2021
ORDER:

Heard the learned counsel for the petitioners, learned

Standing Counsel for GHMC, for respondent Nos.1 and 2 and

learned Government Pleader for Revenue, for respondent Nos. 3 &

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 plot No. 16-B, admeasuring 350 Sq. Yards,

situated in Sy. No.60, Kondapur Village, Serilingampally Revenue

Mandal, Ranga Reddy District, as illegal, arbitrary and contrary to

the common order, dated 28.03.2017, passed by this Court in

W.P.No.21580 of 2008 & batch.

Admittedly, by virtue of 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 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 28.04.2008 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 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: 11.02.2021.

Tsr/smr

 
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