B.Damodar Reddy vs The State Of Telangana, And 3 ...
2021 Latest Caselaw 3551 Tel

       THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                WRIT PETITION No.29348 of 2021
ORDER:

Heard the learned counsel for the petitioner, learned

Government Pleader for Revenue for respondents 1, 4, and Sri

Sampath Prabhakar Reddy, learned Standing Counsel for

respondents 2 and 3. 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 No-Objection Certificate from ULC authorities for processing the

building permission application, vide shortfall intimation letter

dated 03.09.2021 as illegal, arbitrary.

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 dated 06.08.2021 made by the petitioner

for building permission 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 four 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 him 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 are subject to the final orders likely to be

passed in W.A.No.166 of 2018 and batch, and any 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 : 18.11.2021.

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