Allowed

Battu Sathemma v. The State of Telangana and 7 others

Telangana HC6 Aug 2021WP/17669/2021

Case brief

AI extract

What is this about?

The High Court disposed a writ petition challenging the requirement for a clearance certificate from Urban Land Ceiling authorities for a Land Requisition Scheme application. Relying on a common order that quashed surplus land proceedings, the Court directed the respondents to consider the application without the No Objection Certificate but preserved rights pending an appeal.

What did the court decide?

Directing the official respondents to consider the petitioner's LRS application No. 39221/G/Circle-XI/GHMC/08 dated 31.05.2008 without insisting for production of NOC from ULC authorities within three

Battu Sathemma Vs The State of Telangana and 7 others — Land Acquisition | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY, THE SIXTH DAY OF AUGUST

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TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION NO: 17235 OF 2021

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Between:

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V.V. Prasad, S/o V.V. Krishna Murthy, Aged about 62^years, Occ^Engineer, R/o Plot No.1163, Road No. 56, Jubilee Hills Colony, Hyderabad.

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...PETITIONER

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AND

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t. The Greater Hyderabad Municipal Corporation,^{Rep. by its Commissioner, Tank} Bund, Hyderabad.

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The Gre'ater Hyderabad tvlunicipal Corporation,^{Rep. by its ZonalCommissioner,} Circle-20, Serilingampally, Hyderabad

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J. The State of Telaingaha, Re[.^Oy its^{Principal Secretary, Revenue (U.L.C)} Department, Secretariat, Hyderabad.

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Thi; Collector and Compet6nt Authority,^{Urban Land Ceiling, Ranga Reddy} District at Lakdikapool, Hyderabad.

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(R4, C.T. is amended as^per C.O. dt:0610812021^{in I'ANo'2/2021.}

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,..RESPONDENTS

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Petition under Article 226 of the^{constitutionof lndia praying that in the} circumstances stated in tl'ie 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 Mandamus, declaring the action^{of the respondentsin insisting for production of} clearance certificate or No Objection^{Certificate fromULCauthorities in respectof} LRS application No.3922lG/Circle-Xl/GHMC/08,^{dated31-05-2008,in respectof} Plot No.14-A, in Sy.No.73, admg.300^{Sq. yards' atKondapur village'} Serilingampally Revenue Mandal, Ranga^{Reddy District, part of Raghavendra} colony of Serilingampally circle of^{Greater Hyderabad Municipal corporation,} HyderLbad, as illegal, arbitrary, unreasonable,^{contraryto law andconsequentially} diiect the respondents herein to consider^{the petitionerLRS applicationwithout} insisting for clearance certificate or^{No Objection Certificate fromULC authorities.}

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lA NO: 1 OF 2021

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Petition under Section 151 cPC^{prayingthat in the circumstancesstated in} the affidavit filed in support of the^{petition,the High court may be pleased to direct} the respondents to consider the^{petitioner LRS application No. 3922lGlctcle-} Xl/GHIVCiOB, dated 31-05-2008, in respect^{of Plot No.14-A, in Sy.No.73,admg.300} Sq. yards, at Kondapur village, Serilingampally^{Revenue Mandal,Ranga Reddy} District, without insisting for clearance^{certificateor No Objection Certificate from} ULC authorities,^pending disposal^{of the abovewrit petition.}

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Counsel for the Petitioner : SRI METTU^SHANKAR

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Counsel for the Respondent Nos.1^{& 2: SRISAMPATHPRABHAKARREDDY,} SC FOR GHMC

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Counsel for the Respondent Nos'3^{& 4: GP FOR REVENUE}

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The Court made the following:^ORDER

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THE HONOURABLE^{SRI JUSTICE K. LAKSHMI\N}

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WRIT PETITIO^{N No.I"7235oF 2021}

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ORDER

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Heardthelearnedcounselforthepetitioner'learriedStanding Counsel for^{respondentNos.1 and 2 and learned Govern:lentPleader} for Revenue,^{for respondent Nos. 3 and 4' With theircont;ent' the Writ} Petition is disposed^{of at the stage of admission itself'}

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The present^{Writ Petition is filed seeking to declarethe action} of the respondents^{ininsistingthe petitioner for ltroductionof} clearance certificate^{or No-Objectioncertiltcate from ul,c authorities} in respect ol^{LRS application No.3922lGlCircle-XllGHIMC/08'dated} 3i.05.2008, in^{respect of plot No.14-A, admeasuring300 Sq' Yards'} situated in Survey^{No. 73, Kondapur Village, SerilingampallyRevenue} Mandal, Ranga^{Reddy Disffict,part of RaghavendraColony of} Serilingampally^{Circle of GHMC, as illegal'}

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Learned counsel^{for the petitioner would su-bmitthat the} action of the^{respondents is contrary to the commoll order' dated} 28,O3.2017,^{passedby this Court in W'P'No'21580of 2C08& batch'}

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Admittedly, by^{virtue of thecommon order' dated} 28.03 .2017 ,^{passedby a learned Single Judge of this Court in} W.P.No.215BO of^{20O8& batch,the subject land cann'lt be treated as} surplus land since^{the relevant proceedingsinitiated under the Urban} Land (Ceiling and^{Regulation)Act, 1976 thereinwere quashed'}

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Though, the^{learned Government Pleader, on instructions'} has stated that as^{againstthe judgmentdated 28'03'2017' passed in} W.P.No.2158O of^{2008, the Government has preferredan appeal being} W.A.No.166 of 2018,^{and the sameis pending adjucticationbeforea}

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Division Bench of this Court, but has fairly conceded that no interim orders are passed thereon till date,

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in view of the same, the official respondents are directed to consider the application No.3922lGlCircle_XllGHMC/08, dated 31.05.2008 submitted 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.21580 of 2OO8 & 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 2018 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 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 final 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 the W.A.No. i66 of 2O18 and batch.

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Accordingly, the writ petition is disposed of. Miscerlaneous petitions pending, if any, shall stand closed. There shall be no order as to costs

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SD/. R.K,ARTHIKEYAN ASSISTANT REGISTRAR

,TRUE COPY//

_,/ SEGTION OFFICER

To,

The Commissioner, Greater Hyderabad lvlunicipal Corporation, Tank Bund, Hyderabad.

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The Zonal Commissioner, Greater Hyderabad lViunicipal Corporation, Circle-2O, Serilingampally, Hyderabad

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The Principal Secretary, Revenue (U.L.C) Department, State of Telangana, Secretariat, Hyderabad.

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4 The Collector and Competent Authority, Urban Land Ceiling, Hyderabad 5 One CC to Sri l,4ettu Shankar, Advocate [OPUC] 6 One CC to Sri Sampath Prabhakar Reddy, SC for GHIVC, [OPUC] Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

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