Mr. Nalluri Sreenu vs The State Of Telangana
2021 Latest Caselaw 1888 Tel

       THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                WRIT PETITION No.14669 of 2021
ORDER:

Heard the learned counsel for the petitioners, learned

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

Sri Sampath Prabhakar Reddy, 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 respondent Nos.3 and 4 in insisting the petitioners for

production of Clearance Certificate or No-Objection Certificate from

ULC authorities for the purpose of processing the application of the

petitioners for grant of building permission in respect of plot No.75,

Type-B, admeasuring 180 Sq. Yards situated in survey No.60 of

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 view of the same, the short fall letter dated 04.08.2020 is

set aside and the official respondents are directed to consider,

afresh, the building permission application dated 24.11.2020 made

by the petitioners 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 : 30.06.2021.

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