Motilal Jain vs The Greater Hyderabad Municipal ...
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         THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                    WRIT PETITION No.3877 of 2021
ORDER:

Heard the learned counsel for the petitioner, 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 Plot Nos.39-C and 40-C admeasuring 672 Sq. Yards

situated in Survey Nos.60 and 71 to 77 of 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 application dated 13.03.2012 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: 19.02.2021 smr/va