Bonthu Rani vs The State Of Telangana And 3 Others
2022 Latest Caselaw 677 Tel

          THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                      WRIT PETITION No.8158 of 2022
ORDER:

Heard the learned counsel for the petitioners, learned

Government Pleader for Municipal Administration and Urban

Development appearing for respondent No.1, Sri Sampath

Prabhakar Reddy, the learned Standing Counsel for GHMC

appearing for respondent Nos.2 and 3, and the learned

Government Pleader for Revenue appearing for respondent No.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 respondent No.3 in insisting the petitioners for

production of No-Objection Certificate from ULC authorities in

respect of Plot No.209-B and 224-B situated in Survey No.72 at

Raghavendra Colony, Kondapur Village, Serilingampally 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 above, the official respondents are directed to

consider the application dated 12.10.2022 made by the petitioners

for construction of residential building, without insisting for 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. If there any other shortfalls,

the petitioners are obligated to comply with the same. 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 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 are 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: 16.02.2022 Nvl