Jagdish Prasad Agarwal vs The Greater Hyderabad Municipal ...
2022 Latest Caselaw 6869 Tel

       HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

                   WRIT PETITION No.44949 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 Mandamus by declaring the action of the 2nd respondent in insisting the petitioner to produce NOC from ULC Department for Plot Nos 39 and 40 in Sy No 60 71 to 77 situated at Raghavendra Colony Kondapur village Serilingampally Mandal Rangareddy District through the letter No 011247/GHMC/5530/SLP2/2022-BP dt 08 12 2022 though the same is unsustainable as the ULC Act itself repealed and therefore the same is arbitrary illegal unlawful contrary to law and consequentially to direct the 2nd respondent herein to process the building application of the petitioner without insisting for production of NOC from the ULC Department and may pass..."

2. Learned counsel for the petitioner Sri. G. Vasantha Rayudu submits

that the petitioner is the absolute owner and possessor of the property

bearing Plot Nos.36 & 40, in Sy.Nos.60, 71 to 77 situated at Raghavendra

Colony, Kondapur Village, by way of sale deed Doc.No.17083/2005 executed

in the name of his wife and by way of a will deed dated 17.10.2018 and

thereafter petitioner made an application on 17.10.2022 for the building

permission but the same was rejected by the respondents vide proceedings

dated 08.12.2022 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 the 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.1 & 2 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 petitioner's building application

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

petitioner 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