M.Lingaiah vs The Greater Hyderabad Municipal ...
2021 Latest Caselaw 638 Tel

        THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                 WRIT PETITION No.4993 of 2021
ORDER:

Heard the learned counsel for the petitioners, 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 petitioners for production

of Clearance Certificate or No-Objection Certificate from

ULC authorities in respect of the subject plots situated in Survey

No.77, Kondapur Village, Serilingampally Revenue Mandal, Ranga

Reddy District, as illegal and arbitrary.

Admittedly, this Court vide common order, dated

28.03.2017, passed by a learned Single Judge of this Court in

W.P.No.21580 of 2008 & batch, held that the subject land cannot

be treated as a surplus land and 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 thereon till date.

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

consider the application dated 03.05.2008 made by the petitioners

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 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 : 02.03.2021.

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