2002 Supreme(AP) 774

Andhra Pradesh High Court
Judges : T.MEENA KUMARI
B.Venkateswarlu - Appellant
Versus
District Collector, Hyderabad - Respondent
Decided On : 06-28-02

Headnote:

Writ Petitions – Constitution of India, 1950 – Article 226 – Urban Land (Ceiling and Regulation) Act, 1976 – Sections 2 (1), 8 (4) and 10 (1) – Andhra Pradesh Survey and Boundaries Act, 1923 – Sections 6 (1) and 13 – Andhra Pradesh Land grabbing (Prohibition) Act, 1982 – Section 8 (6) – No objection certificate – Peaceful possession – Petitioners were the Registered owners of a plot admeasuring 500, 500,1050 and 500 square yards respectively in premises No. 8-2-693, correlating to TS No. 19/2 and 20/part, corresponding to the defunct Jubilee Hills municipality Plot No. 129/45/d situated at road No. 12, Banjara Hills, Hyderabad, having purchased the same by way of a registered instrument bearing Document no. 4039 of 2000 dated 29-11-2000 – Plot described was purchased by the petitioners for the purpose of construction of a residential house and for that purpose they have to obtain clearances/permissions/no Objection certificates from various Departments including the respondent herein – Petitioners applied for the said certificate on 6-4-2001 but the same was rejected by the respondent by the impugned Memo nos. 12/2191/2001; 12/2192/2001; 12/2190/2001 and 12/2186/2001 dated 19-11-2001 – It is also the case of the petitioners in these writ petitions that the plot No. 129/45/d admeasuring Ac. 3. 21 guntas was originally purchased by one md. Taquiddin from the defunct Jubilee hills Municipality in the year 1356 F for valuable sale consideration paid by him vide challan No. 100 dated 2nd Dai 1356 F and ever since he was in peaceful possession and enjoyment of the property as lawful owner – In the year 1951, on account of some third party interference with his peaceful possession and enjoyment of the plot Mohd. Taquiddin filed a Civil Suit for title and declaration in OS No. 98/1 of 1951-52 on the file of the Subordinate Judge, hyderabad District which was decreed in his favour – Suit was carried in Appeal to this Court in- Appea-1 Suit No. 18/4 of 1953-54 and later in Second Appeal in SA no. 354/2 of 1954/55 and ultimately the matter ended in compromise – This Court in CMP No. 9587 of 1961 dated 13-8-1961 passed decree in terms of the compromise memo filed by the parties, which reads as follows :-"the plaintiff i. e. , Mohd. Taquiddin is the absolute owner and is in possession of 2 acres and 22l/2 guntas and he shall continue in possession thereof, more particularly delineated in the plan annexed hereto marked with blue boundary – Gulam Mohd. Abdul Hasan was declared to be the owner of 0. 381/2 guntas – Writ Petitions have been filed seeking a writ of Mandamus to declare the impugned Memo Nos. 12/2191/01: 12/2192/2001:12/2190/01 and 12/2186/01 dated 19-11-2001 of the respondent, i. e. , the district Collector, Hyderabad in refusing to issue no objection certificate in respect of plot admeasuring 500, 500, 1050 and 500 square yards respectively in Premises no. 8-2-693, Banjara Hills, Hyderabad i. e. , correlating to TS Nos. 19/2 and 20/part, corresponding to the defunct Jubilee Hills municipality plot No. 129/45/d situated at road No. 12, Banjara Hills, Hyderabad, as illegal, improper and unconstitutional, and consequently direct the respondents to issue no Objection Certificates in pursuance of the applications dated 6-4-2001 – Held, it has to be held that WP No. 1751 of 1998 filed by sk. Ahmed Bin Amoodi has nothing to do with the property in question and that the property in question is not related to the issue involved in the said Writ Petition or in lgc No. 118 of 1989 and therefore the interim orders of this Court in Writ Petition no. 1751 of 1998 shall not come in the way of the respondent to issue No Objection certificates to the petitioners in respect of plots admeasuring 500, 500,1050 and 500 square yards in premises No. 8-2-693, banjara Hills, Hyderabad i. e. , correlating to ts Nos. 19/2 and 20/part, corresponding to the defunct Jubilee Hills Municipality Plot no. 129/45/d situated at Road No. 12, banjara Hills, Hyderabad and therefore the memo Nos. 12/2191/01; 12/2192/2001, 12/2190/01 and 12/2186/01 dated 19-11-2001 of the respondent are set aside and accordingly the respondent is directed to issue "no Objection Certificates" to the petitioners within two months from the date of receipt of a copy of this order – Writ Petitions are allowed.