Mr. Murali Duvvury And Another vs The State Of Telangana And 4 Others
2021 Latest Caselaw 1665 Tel

         THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                WRIT PETITION No.13520 of 2021
ORDER:

Heard the learned counsel for the petitioners, learned

Government Pleader for Revenue, for respondent Nos. 1 & 5 and

the learned Standing Counsel for respondent Nos.2 to 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, to process the petitioners' application for building

permission, in respect of Plot No. 386, Type-C, admeasuring

383.33 Sq. Yards, situated in survey No.77, Kondapur Village,

Serilingampally Mandal & Municipality, 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 the present case, the petitioners have already obtained

Layout Regularisation from the GHMC vide Lr. No. LRS/10558/C-

11/WZ/TPS/HO/GHMC/2008, dated 17.08.2009. Once the

subject property of the petitioners has already been regularised

under the Layout Regularisation Scheme, the question of requiring

the petitioners to obtain No Objection/Clearance Certificate from

the Urban Land Ceiling authorities, for processing their application

seeking building permission, does not arise.

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

consider the application of the petitioners for building permission

dated 24.11.2020 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 that the building permission is

subject to the final orders likely to be passed in W.A.No.166 of

2018 and batch. Any alienation made by the petitioners is 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: 17.06.2021.

tsr