Smt.P.Geetha Ch. Kamala vs The Greater Hyderabad Municipal ...
2021 Latest Caselaw 1573 Tel

        THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                WRIT PETITION No.12803 of 2021
ORDER:

Heard the learned counsel for the petitioner, Sri Sampath

Prabhakar Reddy, 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 No.349-B, admeasuring 300 Sq.

Yards, situated in Survey No.74, 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 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 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: 07.06.2021 Smr