Sri Yachamaneni Chandra Mohan Rao vs The State Of Telangana
2022 Latest Caselaw 6868 Tel

       HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

                   WRIT PETITION No.44909 of 2022

O R D E R:

This writ petition is filed seeking the following relief:

"...To issue a Writ Order or Direction more so a Writ in the nature of Writ of Mandamus by declaring the action of the 3rd respondent in insisting the petitioners to produce NOC from ULC Department for Plot No 132-C in Sy No 71 admeasuring 305 Sq yards equivalent to 255 Sq Mtrs situated at Raghavendra Nagar of Kondapur village Serilingampally Mandal under GHMC Ranga Reddy District through the rejection letter dated 05-12-2022 though the same is unsustainable as the ULC Act itself repealed and therefore the same is arbitrary illegal unlawful contrary to law and consequentially to direct the 3rd respondent herein to process the building application of the petitioners without insisting for production of NOC from the ULC Department and may pass..."

2. Learned counsel for the petitioners Sri. Nimmaraboina Naveen

submits that the petitioners have purchased the subject property bearing

Plot No.132-C, admeasuring 305 Sq yards in Sy.No.71 by way of a registered

sale deed dated 28.07.2008 and thereafter they made an application on

17.11.2022 for the building permission but the same was rejected by the

respondents vide proceedings dated 05.12.2022 stating that they require

ULC clearance from the competent authority. He submits that this Court

has passed several orders directing the respondents not to insist for NOC

from ULC or from any other departments but the respondents are still

insisting for the same.

3. Learned Standing Counsel Sri. M.A.K. Muqheed appearing for

respondent Nos.2 & 3 also does not dispute the fact that this Court has

passed series of orders and even against one order they have filed an appeal

and the Division Bench of this Court has confirmed the said orders.

4. This Court relying on the judgment in Hyderabad Potteries Pvt. Ltd.

v. Collector, Hyderabad District and another1 has passed several orders

directing the respondents not to insist for NOC from ULC or from any other

department and they have to look only at the primafacie title and possession

of the applicant. In view of the same, this writ petition is disposed of

directing the respondents to process the petitioners' building application

without insisting for NOC from ULC or any other department provided the

petitioners satisfies the other short falls. No order as to costs.

Miscellaneous applications, pending if any, shall stand closed.

__________________________ LALITHA KANNEGANTI, J 16th December , 2022 myk

1 2001(3) ALD 600