Smt. G.Surya Bhaskaram vs The Greater Hyderabad Municipal ...
2021 Latest Caselaw 483 Tel

         THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                    WRIT PETITION No.3953 of 2021
ORDER:

Heard the learned counsel for the petitioners, 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 petitioners for production of

Clearance Certificate or No-Objection Certificate from ULC authorities

in respect of the subject plots situated in 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 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 22.05.2008, 08.05.2008, 05.06.2008

and 29.04.2008 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: 19.02.2021 smr/va