P.Venkat Reddy, v. The Greater Hyderabad Municipal Corporation,
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION NO: 4614 OF 2021 Between:
P.Venkat Reddy,, S/o Sathi Reddy, Ag No.65, Lumbinl Springs, Gachibowli, H ed about 47 years, Occ Business, R/o Plot yderabad.
...PETITIONER AND The Greater Hyderabad Municipal Corporation,, Rep. by its Commissioner, Tank Bund, Hyderabad.
The Deputy Commissioner, Hyderabad Municipal Corporation, Circle-20, Serlingampaily, Hyderabad.
The State of Telangana,, Rep. by its Principal Secretary, Revenue (U.L.C) Department, Secretariat, Hyderabad.
The Collector and Competent Authority,, Urban Land CeitinO, nVOepl;;{NDENrs Petrtion under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Coud may be pleased to issue an appropriate Writ, Order or Direction, particularly one in the nature of Writ of lVandamus, 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.81O/G/Circle-XI/GHIt/C/08, dated 17.04.
2008 of Kondapur village, Serilingampally Revenue lVandal, Ranga Reddy District, part of Raghavendra Colony of Serilingampally circle of Greater Hyderabad l\,4unicipal Corporation, Hyderabad, as illegal, arbilrary, unreasonable, contrary to law and consequentially direct the respondents herein to consider petilioners LRS application 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 petitioners LRS application bearing application bearing No.810/G/Circle-Xl/GHtVC/08, dated 17.04.2008, submitted by the petitioners in respect of their property in Sy.
No's 71, 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 for Respondent Nos. 1 & 2: SRI SAMPATH PRABHAKAR REDDY Counsel for Respondent Nos.
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No. 46L4 of 2o21.
ORDER:
Heard the learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 and 2, and learned Government 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 filed seeking to declare the action of the respondents in insisting the petitioner for production of Clearance Certilicate or No-Objection Certificate from ULC authorities in respect of the subject plot situated in survey No 71 of Kondapur Village, Serilingampally Revenue Mandal, Ranga Reddy District, as i11egal, arbitrary and contrary to the common order, dated 28.03.2017, passed by this Court in W P'No'21580 of 20O8 & batch.
Admittedly, by virtue of the common order, dated 28.O3.2OL7, passed by a learned Single Judge of this Court in W.P.No.2158O 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' '!
I 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 lZ.O4.2OOg 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.215g0 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 201g and batch and the petitioner shall not claim any equities in case any adverse orders are passed against her in the writ appeal.
In case of any alienation, the petitioner shall inlorm 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 fina1 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.
SD/.K.VENKAIAH ASSISTANT REGIS R ,TRUE COPY'
\ SECTION OFFICER To, The Commissioner, Greater Hyderabad lrlunicipal Corporation' Tank Bund, Hyderabad.
The Deputy Commissioner, Hyderabad Municipal Corporation, Circle-20, Serlinoamoailv. Hvderabad.
Trre Plincibal Secietary, Revenue (U.L.C) Department' State of Telangana Secretariat, Hyderabad.
ihe Cottecior'and Competent Authority,, Urban Land-Ceiling, Hyderabad One CC to Sri G Vasantha Ravudu Advocate [OPUC] iwo CCs to GP For Revenue, High Court for ihe State of Telangana. [OUT] One CC to Sri Sampath Prabhakal Reddy, Advocate (oPUC) Two CD Copies 4.
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IVBC
HIGH COURT DATED: 251021202'l T4 14:
0 5 mn 2021 o a * & D ':T
ORDER
WP.No.4614 of 2021 DISPOSING OF THE WRIT PETITION WITHOUT COSTS r) \ )4 k