THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.5882 OF 2013

ORDER:

This writ petition is filed seeking the following relief:

“to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents 2 to 5 in entertaining the representation made by respondent No.6 and passing orders without putting the Petitioner on notice or seeking explanation, or conducting inquiry as illegal and unconstitutional and consequently set aside the proceedings vide E2/1505/2012 dated 03.04.2012 of respondent No.2 and 3 after declaring that the No Objection Certificate issued to the petitioner on 07.11.2008 could not have been modified without notice, inquiry and an appropriate declaration from the competent Civil Court regarding the extent of the plots sold by the 6^th respondents the boundaries and adverse possession for the last 55 years etc. and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case”.

2. On 04.07.2024, 09.07.2024, 19.07.2024, 30.07.2024 and 03.09.2024, the matter was adjourned. On 03.09.2024, there was no representation on behalf of petitioner and matter was posted under the caption ‘for dismissal’. Even today, none appears for petitioner. This Court is not inclined to adjourn the matter and shall decide the case on merits.

3. No representation for petitioner and respondent No.6. Heard learned counsel for respondents i.e., for GHMC and Revenue.

4. It is averred in the writ affidavit that petitioner is owner of house bearing Municipal No.16-11-579/2 situated at Gaddiannaram Village, Saidabad Mandal, Hyderabad District. It is further averred that petitioner’s husband purchased land admeasuring 361.31 Sq. Mtrs (432 Sq. Yards), along with structures including the house, from vendor one Mrs. Anandamma, W/o. Narayana Rao, vide registered sale deed, dated 29.10.1977, that he also purchased land admeasuring 183 Sq. Mtrs (219 Sq. Yards) from one Mrs. Bhoodevi, vide registered sale deed, dated 29.10.1977, this land is adjacent to the house.

5. Petitioner avers that an application, dated 15.11.2007, seeking ‘No Objection Certificate’ (for short ‘NOC’) from the Special Officer and Competent Authority (for short ‘SOCA’), Urban Land Ceiling (for short ‘ULC’), Hyderabad, was made. Vide letter, dated 29.02.2008, addressed by SOCA, ULC, Hyderabad to Commissioner, Greater Hyderabad Municipal Corporation (for short ‘GHMC’), it was stated that the office of SOCA, ULC has “No objection” for construction of building in the land to an extent of

361.31 Sq. Mtrs in Plot No.16-11-579/2.

6. In the endorsement, dated 07.11.2008, addressed by Joint Collector (for short ‘JC’) to Commissioner, GHMC (copy marked to petitioner), it is stated that application for approval of plan for construction on land area of 544 Sq. Mtrs in Plot No.16-11-579/2 at Gaddiannaram Village, Saidabad Mandal, Hyderabad District, was approved by the Committee and the same was cleared by the ULC authorities and that GHMC is to verify before approving plan for construction of building. After issuance of NOC, respondent No.6 filed a complaint, dated 11.02.2012, before Collector, Hyderabad, requesting to cancel the NOC stating that NOC was obtained in excess of original entitlement and that on the basis of endorsement, petitioner was encroaching his land.

7. Petitioner avers that a modified endorsement, dated 03.04.2012, was issued on the basis of complaint of respondent No.6, dated 11.02.2012. It is further averred that NOC Committee in its meeting held on 28.03.2012 modified the NOC endorsement to an extent of 481.15 Sq. Mtrs, instead of 544 Sq. Mtrs and it was communicated to GHMC to accord permission to an extent of 481.15 Sq. Mtrs only and cancelled the already issued NOC endorsement to an extent of 544 Sq. Mtrs. It is also averred that the modified endorsement issued to the extent of 481.15 Sq. Mtrs was without notice to the petitioner, hence, endorsement is ill