pending hearing and final disposal of writ panchayat would not grant you any NOC if HC has granted stay on development of the site
Can I get a license when there is writ petition
I took a site on registered lease for business purpose. I could not obtain no objection certificate from panchayiti as there is a writ petition in high on the survey number. Is it not possible to get panchayiti approval in this scenario? We have already invested some money. There is a lock in period in the lease
Asked 8 years ago in Civil Law
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There is no stay on development of the site. And the writ petition is not directly on claiming the site or site owner. it's against panchayiti secretary to not collect taxes on the site from the site owner. Previously there were number of writ petition filed against MRO and other departments which were disposed in and came in favour of land owner. What should we do now.we are paying rent and current bill for nothing. Final question.will the court admit the case if there is no proof with the opposition person?
Asked 8 years ago
There is no stay on development of the site. And the writ petition is not directly on claiming the site or site owner. it's against panchayiti secretary to not collect taxes on the site from the site owner. Previously there were number of writ petition filed against MRO and other departments which were disposed in and came in favour of land owner. What should we do now.we are paying rent and current bill for nothing. Final question.will the court admit the case if there is no proof with the opposition person?
Asked 8 years ago
1) in such a case panchayat can grant permission to carry on construction on the site
2) ask the seller to with draw the writ filed by him
3) court would not admit the case if no prima facie case is made out
In your reply filed to the writ petition in HC explain your version and inform the high court the issue regarding your Development of site. If the writ petition is not related to the said issue it will not affect your scenario.
Hello sir , if the lessor did not disclose about the writ petition and that the land was under litigation , you can ask him to refund the money ... If he refuses to do so , you can file a recovery suit
Dear Sir,
Go ahead with your proposal. Nothing will happen. There is no issue before the High Court in respect of your possession and development of the site. The irregularity of formation of sites may be rectified at any moment by the concerned authorities on payment of rents. Be aware that since the site is under little dispute you should not raise permanent structure investing huge funds. Nothing will happen be assured.
Hi
1) The writ petition is filed by the owner against the panchayat seeking directions from high court on collection of taxes.
2) Whereas by virtue of you being a tenant vide registered lease agreement for that property, you are not bound by the outcome of the writ petition.
3) Panchayat cannot refuse to grant no objection to you or your owner on account of pending writ and more so when there is no stay or attachment orders on the said property.
4)Your land lord can always get interim orders from high court to direct panchayat to issue no objection for development, subject to conditions imposed by high court.
5) Also that your land lord is liable to return all your rents and electricity bills etc till he gets No objection certificate as it is his primary duty as per law to lease out litigation and encumbrance free property on lease.
Hope this information is useful
I took a site on registered lease for business purpose. I could not obtain no objection certificate from panchayiti as there is a writ petition in high on the survey number. Is it not possible to get panchayiti approval in this scenario? We have already invested some money. There is a lock in period in the lease
The panchayat board may not grant licence once there is a litigation pending on the property for whatever the reason it might have been filed.
You should have ascertained all these facts before entering into the lease agreement or at leaset before applying for license.
Though there is no stay in this regard by court, since the matter is against the Panchayat, they who are the competent authority for grant of licence or approval, may not incline to do it before the writ petition is disposed.
The writ petition will be disposed in a very short duration unlike regular suits which get stretched very long.
The outcome of the writ cannot be predicted especially when ther is no knowledge about the nature of case pending before high court.
I am meeting DPO regarding the issue. Can you plz help me with some points to convince him. I don't think he is claiming the land according to prayer? Does he? PRAYER to issue an appropriate direction order or writ more in the nature of Writ of Mandamus declaring the action of the 5th Respondent Gram Panchayath in accepting the taxes for the Petitioners property in an extent of Ac 3 44 cents in Survey No 378-1A1 1A2 1A3 and 1A4 Palacherla village Rajanagaram East Godavari from 6th Respondent despite addressing the District Collector that the claimants through 6th Respondent have no right over the property as being arbitrary illegal and violative under Articles 14 and 300-A of the Constitution of India and consequently direct the 5th Respondent Gram Panchayath not to accept the taxes in respect of the Petitioners property in an extent of Ac 3 44 cents in Survey No 378-1 A1 1A3 and 1A4 on the fake D No 237 Palacherla (V) Deewancheruvu (M) East Godavari District and issue such other Writ or Order or direction as deemed fit and proper in the circumstances of case.
Asked 8 years ago
writ petition is regarding collection of property taxes of Ac 3 44 cents in Survey No 378-1 A1 1A3 and 1A4 on the fake D No 237 Palacherla (V) Deewancheruvu (M) East Godavari District
2) you can be granted permission to carry on construction if no stay has been granted by court in respect of carrying on construction on site
The prayer is not for retrieving the land but an order of injunction against the panchayat restraining him from collecting ther taxes.
Hello, I got the report of panchayiti secretary from collector office. And the reason for rejection mentioned in the report is on the case which is disposed in 2016, which is also not claiming the land,and was disposed in 3 days then. I applied for NOC in 2017 September. How can he put objection for the application in 2017 based on the case disposed in 2016? How to take my file further?
Asked 8 years ago
File writ in HC against rejection of your application fir carrying on construction on your land
You can mention the said report in the writ petition you will succeed.
You were advised to approach court with an injunction suit against the panchayat board.
Since the matter is already before civil court, you can take up your grievances before the court where this is pending.
Yes you can