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Showing contexts for: raidurg in Mr.Md.Abdul Raheem vs The State Of Telangana on 2 January, 2024Matching Fragments
This Writ Petition is filed for issuance of a Writ of Mandamus to declare the action of the 4th respondent in passing revocation order, vide Lr.No.348777/GHMC/20952/2023 dt.19.12.2023, on the ground that 'No Objection Certificate' (NOC) from the Revenue Department was not obtained in respect of petitioners' Plot No.122, admeasuring 174.62 square yards, in Survey No.66/2, situated at Raidurg Nav Khalsa Village, Serilingampally Mandal, Ranga Reddy District, and directing the petitioners to submit NOC from the Revenue authorities, as being illegal, arbitrary and without sanction of law, and consequently, to direct the respondents to process the building permission application submitted by the petitioners without insisting on production of NOC from the Mandal Revenue Officer/Revenue Department.
3. Petitioners contend that they had obtained building permission for construction of Stilt for parking + 2 upper floors in respect of Plot No.122, admeasuring 174.62 square yards, in Survey No.66/2, situated at Raidurg Nav Khalsa Village, Serilingampally Mandal, Ranga Reddy District, through TS-bPASS online process; that the respondents-authorities have passed the impugned revocation order dt.19.12.2023 stating that the subject property has been included in the prohibitory list of properties under Section 22-A of the Registration Act, 1908 (for short, 'the Act'); and that insisting the petitioners to produce NOC from the Revenue Department is illegal, arbitrary and contrary to the decisions of the Hon'ble High Court. Hence, this Writ Petition.
8. Further, a Co-ordinate Bench of this Court in W.P.No.22147 of 2023, in respect of land situated in the same survey number as in the present case, had held the revocation of building permission and insisting for obtaining 'NOC' from the Revenue authorities, cannot be held to be valid.
MANU/AP/0361/2001=2001(3) ALD 600 2008(1) ALD 792
9. Since, in the facts of the present case, the respondent authorities having granted building permission in favour of the petitioners, and had revoked the said permission by the impugned proceeding, dt.19.12.2023, on the ground that the petitioners have not uploaded NOC from the Mandal Revenue Officer, since, the subject site is falling in Sy.No.66/2 of Raidurg Nowkhalsa, which is notified by the Revenue Department under Section 22-A of the Act, this Court is of the view that the said revocation of the building permission granted by the respondent authorities, on the aforesaid ground, cannot be held to be valid.