Hamsala Pavana Kumari vs The Greater Hyderabad Municipal ...
2021 Latest Caselaw 512 Tel

        THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                 WRIT PETITION No.4325 of 2021
ORDER:

Heard the learned counsel for the petitioner, learned

Standing Counsel for respondent Nos.1 and 2, learned Government

Pleader for Municipal Administration and Urban Development for

respondent No.3, and learned Government Pleader for Revenue for

respondent No.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 No. 33-B, admeasuring 350 Sq. Yards,

situated in survey No. 60 of Kondapur Village, Serilingampally

Revenue Mandal, Ranga Reddy District, now Raghavendra Colony

of Serilingampally Circle of GHMC, Hyderabad, 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 common order, dated 28.03.2017, a learned

Single Judge of this Court in W.P.No.21580 of 2008 & batch, held

that the subject land cannot be treated as surplus land and

consequently, quashed the relevant proceedings initiated under the

Urban Land (Ceiling and Regulation) Act, 1976.

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 therein till date.

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

consider the application dated 27.06.2008 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 orders 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 her 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: 23.02.2021.

Tsr/smr