K. Pradeep v. The State Of Telangana

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.33027 of 2016 ORDER:

The case of the petitioners is that they made application for 'No Objection Certificate'

(NOC) on 08-05-2015 in respect of premises bearing No.12-13-1219, Tarnaka, Secunderabad for obtaining construction permission from Greater Hyderabad Municipal Corporation (G.H.M.C.) and the same was rejected vide impugned endorsement, dated 03-02-2016. Learned counsel for the petitioners submit that the petitioners have mistakenly filed application for NOC, though the same is not required as per circular No.245/TPS/GHMC/HO/2015, dated 19-03-2015 issued by the GHMC.

But the 2nd respondent rejected the application of the petitioners. Aggrieved by the same, the present writ petition is filed.

Heard learned Assistant Government Pleader for Revenue.

Learned counsel for the petitioners submits that without issuing notice to the petitioners, the impugned endorsement is passed. He also submits that if the impugned endorsement is set aside, the petitioners will

make necessary application for withdrawal of application for NOC before the 2nd respondent.

In view of the same, the impugned endorsement is set aside not on merits, but to enable the petitioners to make proper representation before the 2nd respondent for withdrawal of the application for NOC, since it is not required for obtaining building permission as per circular No.245/TPS/GHMC/HO/2015,dated 19-03-2015 issued by GHMC. However, this Court has not expressed any opinion on merits of the impugned endorsement dated 03-02-2016. In view of the same, whether the subject land is surplus land or not is not decided in this writ petition.

With the above observations, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 29-09-2016 Nvl