Ashwani Kumar v. The Greater Hyderabad Municipal Corporation And 3 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurlsdiction) TUESDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION NO: 4302 OF 2021 Between:
Ashwani Kumar, S/o Sohan Lal, Aged about 58 years, Occ. Business, Wo 441, Vasavi Nagar Colony, Opp. Sangeetha Theatre, R.C.Puram. ...pETtTtONER AND The Greater Hyderabad lVlunicipal Corporation, Rep. by its Commissioner, Tank Bund, Hyderabad.
The Deputy Commissioner, Hyderabad Municipal Corporation, Circel-20, Serlingampally, Hyderabad.
The State of Telangana, Rep. by its Principal Secretary, Revenue (U.L.C.) Department, Secretariat, Hyderabad.
The Collector and Competent Authority, Urban Land Ceiling, Hyderabad. 1.
2.
J.
4- ...RESPONDENTS Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, particularly one in the nature of Writ of N,4andamus, declaring the action of the respondents in insisting for production of clearance certificate or No Objection Certificate from ULC authorities in respect of LRS application bearing No.
881/G/Circle XlI/GHMC, dated 2110412008 of Kondapur village, Serilingampally Revenue Mandal, Ranga Reddy District, part of Raghavendra Colony of Serilingampally circle of Greater Hyderabad Municipal Corpora Hyderabad, as illegal, arbitrary, unreasonable, contrary to law and consequentially direct the respondents herein to consider Petitioners LRS applications without insisting for clearance certificate or No Objection Certificate from ULC authorities. lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider Petitioner LRS applications bearing application bearing No.881/G/CRXIl/GHMC, dated 2110412008, submitted by the petitioner in respect of their properties in Sy.
No's 60 of Kondapur village, Serilingapally Revenue Mandal, Ranga Reddy District, without insisting for clearance certificate or No Objection Certificate from ULC authorities, pending disposal of the above writ petition. Counsel for the Petitioner: SRI G. VASANTHA RAYUDU Counsel forthe Respondent Nos.1 & 2: SRI SAMPATH PRABHAKAR REDDY, SC FOR GHMC Counsel for the Respondent Nos.
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY UIRIT PETITION I{o.43O2 of 202t ORDER:
Heard the learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 and 2, and learned Govemment Pleader for Revenue for respondent Nos. 3 and 4. With their consent, the Writ Petition is disposed of at the stage of admission itself.
The present Writ Petition is frled 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 plot Nos. 124 and lS1-B, admeasuring 600 Sq. Yards, situated in survey No. 60 of Kondapur Village, Serilingampally Revenue Mandal, Ranga Reddy District, part of Raghavendra Colony of Serilingampally Circle of GHMC, Hyderabad, as illegal, arbitrary and contrary to the common order, dated 28.O3.2O17, passed by this Court in W.p.No.21580 of 2OO8 & batch.
Admittedly, by common order, dated 2g.O3.2017, a learned Single Judge of this Court in W.p.No.215gO of 2OOg & batch, held that the subject land cannot be treated as surplus land and consequently, quashed the relevant proceedings initiated under the Urban Land (Ceiling and Regulatio n\ Act, 1976. Though, the learned Government pleader, on instructions, has stated that as against the judgment dated 2g.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 therein till date. In view of the same, the ofhcial respondents are directed to consider the application dated 21.O4.2008 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 orders of this Court passed in W'P'No'21580 of 2O08 & 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 likeiy to be passed in W.A.
No'166 of 2Ol8 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 iinal orders likely to be passed in W.A'No. 166 of 2018 and batch, and such alienation made by the petitioner is aiso subject to the final result of theW.A.No.166 of 2018 and batch.
Accordingly, the Writ Pelition is disposed of' The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs'
SD/-T.TIRUMALA DEVl ASSISTANT REGISTRAR \.V //TRUE COPY// SECTION OFFICER To, The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad.
The Deputy Commissioner, Hyderabad Municipal Corporation, Circel-20, Serlingampally, Hyderabad.
The Principal Secretary, Revenue (U.L.C.) Department, State of Telangana, Secretariat, Hyderabad.
The Collector and Competent Authority, Urban Land Ceiling, Hyderabad. One CC to Sri G. Vasantha Rayudu, Advocate [OPUC] One CC to Sri Sampath Prabhakar Reddy, SC for GHMC, Advocate IOPUC] Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] Two CD Copies 1.
2, J.
o
HIGH COURT DATED:2310212021 TA t{ o 03 MAR 2021 * *
ORDER
NATc WP.No.4302 o't 2021 DISPOSING OF THE WP WITHOUT COSTS A-:-'4 t///) p J T