Smt. K. Bharathi vs The Greater Hyderabad Municipal ...
2021 Latest Caselaw 2705 Tel

       THE HONOURABLE SRI JUSTICE K. LAKSHMAN

                WRIT PETITION No.23097 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,

this 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 the subject plot situated in

Survey No.74, Kondapur Village, Serilingampally Revenue

Mandal, Ranga Reddy District, as illegal and 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 26.05.2008 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 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

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, if any, pending, shall stand

closed. No costs.

__________________ K. LAKSHMAN, J 21.09.2021 dv