Disposed

A. Rajaiah And 5 Others v. The State of Telangana And 4 Others

Telangana HC5 Nov 2019WP/23756/2019

Case brief

AI extract

What is this about?

Petitioners challenged inaction regarding their request for a No Objection Certificate to alienate ancestral government land holding Lavoni pattas. The Court directed the District Collector to examine the claim, assign reasons, and communicate a decision within six weeks.

What did the court decide?

Direction to the District Collector to examine the claim on Lavoni pattas and issue a reasoned decision within six weeks.

A. Rajaiah And 5 Others Vs The State of Telangana… — Writ and Judicial Review | Telangana HC (2019)

¶1

THE HON’BLE SRI JUSTICE P.NAVEEN RAO

¶2

WRIT PETITION No.23756 OF 2019

¶3

Dated:05.11.2019

¶4

Between:

¶5

A. Rajaiah, S/o. Mallaiah, Aged about 55 years and others .. Petitioners And

¶6

The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat Buildigs, Hyderabad and others .. Respondents

¶7

This Court made the following:

¶8

¶9

THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23756 OF 2019

¶10

ORDER :

¶11

Heard learned counsel for the petitioners and learned Government Pleader for Revenue for respondents.

¶12

The ancestors of the petitioners and two others were in possession and enjoyment of the Government land, even before the year 1950, admeasuring Acs.13.34 guntas in Survey Nos.179/1 to 176/6 of Kothapally Village, Thimmapur Mandal. In the year 1955, the ancestors were granted assignment pattas under Lavoni Rules. Subsequently, sethwars were issued and implemented in the revenue records reflecting the names of the assignees from 1955 onwards. Petitioners succeeded to the said extent of land and they intended to alienate the said land contending that the Lavoni pattas granted prior to 1955 were not imposed with any restriction from alienation. Therefore, they made representation to the District Collector in December 2018, acknowledged by his office on 15.12.2018, requesting him to issue No Objection Certificate in respect of land to an extent of Acs.13.34 guntas in Survey Nos.179/1 to 176/6. Alleging inaction, this Writ Petition is filed.

¶13

A copy of the representation with acknowledgement is filed as Ex.P6 at Page No.61 of the Writ Petition paper book.

¶14

Learned counsel for the petitioner submits that ends of justice would be met, if a direction is issued to the District Collector to act upon the representation and take a decision within a reasonable time.

¶15

¶16

Having regard to the said submission, without expressing any opinion on merits, the Writ Petition is disposed of directing the District Collector, the 2^nd respondent, to examine the claim of the petitioners as ventilated in their representation, acknowledged by the office on 15.12.2018, and take appropriate decision as warranted by law by assigning due reasons in support of his decision and communicate the same to the petitioners within a period of six weeks from the date of receipt of a copy of this order. If the District Collector agrees with the contention that the petitioners are entitled to issuance of No Objection Certificate, appropriate direction be issued accordingly. Pending miscellaneous petitions, if any, shall stand

¶17

closed.
____________________
P.NAVEEN RAO, J
Date:05.11.2019
KH

A. Rajaiah And 5 Others v. The State of Telangana And 4 Others

Case brief

What is this about?

What did the court decide?

A. Rajaiah And 5 Others v. The State of Telangana And 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Gundu Balaiah Vs State of Telangana

Mundru Venkata Ramakrishna Vs The State of Telangana

Vattikonda Venkateswaralu Vs The State of Telangana

Habeeb Ali Baghdadi, Vs State of Telangana

Smt. L. Rekha Rani Vs The State of Telangana and 3 others

B. Srinivas Reddy and another Vs The State of Telangana and 3 other