Sri. S. Kalidas Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Sri. S. Kalidas Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Direction to respondents to examine the petitioner's representation dated 04.10.2024 for issuance of the NOC in terms of G.O.Ms.No.1117 dated 11.11.1993; to issue the NOC if the petitioner fulfils all requirements, failing which to pass and communicate a reasoned order within eight (08) weeks; no order as to costs; miscellaneous petitions closed as sequel.

Issue for consideration

Whether the action of Respondent No. 2 in not considering the petitioner's representation dated 04.10.2024 for grant of a No Objection Certificate for alienation of Ac. 3-00 gts in Sy. No. 191, Kollur Village (land assigned under the Ex-Servicemen quota), is illegal, arbitrary and unconstitutional, and whether mandamus should issue compelling its consideration.

Ratio / Principle

Without expressing any opinion on the merits, the Court directed the respondents to examine the petitioner's representation dated 04.10.2024 and, if the petitioner fulfils all the requirements, consider his case for issuance of the No Objection Certificate in terms of G.O.Ms.No.1117 dated 11.11.1993.

Key takeaways

If the petitioner is found not eligible for issuance of the No Objection Certificate, the respondents shall pass a reasoned order and communicate the same within a period of eight (08) weeks from the date of receipt of a copy of the order.ratio¶31
With the consent of learned counsel for the respective parties, the writ petition was disposed of at the admission stage itself.ratio¶30

Detailed headnote1 paragraphs

High Court for the State of Telangana (C.V. Bhaskar Reddy, J.), 27.01.2025: Disposed, at the admission stage and with consent of counsel, a mandamus petition by an 88-year-old retired ex-serviceman seeking a No Objection Certificate to alienate Ac. 3-00 gts in Sy. No. 191, Kollur Village, Ramachandrapuram Mandal, Sangareddy District, assigned under the Ex-Servicemen quota vide Procd. No. 15/1124/71 (May 1972) read with G.O.Ms.No.743 dated 30.04.1963; sale of assigned land is permissible after 10 years under G.O.Ms.No.1117 (Revenue (Assignment-I) Department) dated 11.11.1993, yet Respondent No. 2 had failed to consider the petitioner's representation dated 04.10.2024. Without expressing any opinion on the merits, the Court directed the respondents to examine the representation, consider issuance of the NOC if the petitioner fulfils all requirements, otherwise pass a reasoned order, and communicate the outcome within eight (08) weeks; no costs; pending miscellaneous petitions closed.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

MONDAY, THE TWENry SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

WRIT PETITION NO: 2156 OF 2025

Between:

Sri. S. Kalidas, S/o S.V.L.N. Naidu Age 88^years, Occ^{Retd. Ex-Servicemen, Rl/o} MIG - 718, BHEL, Ramachandrapuram Mandal, Sangareddy^District

...PETITIONER

AND

The State of Telangana, Rep. by its Principle Secretary^{Revenue Department,} Secretariate Building, Hyderabad.

The District Collector, Sangareddy District.^.

The Revenue Divisional Officer, Ramachandrapuram^{Mandal, Sangareddy} District.

The Tahsildar, Ramachandrapuram Mandal Sangareddy^District

...RESPONDENTS

Petition under Article 226 of lhe Constitution of^{lndia praying that in the} circumstances stated in the affidavit^{filed ther:ewith,the High Court may be} pleased to issue a writ in the nature of a writ of mandamus or any^other appropriate writ, direction, order or orders^{declaringthe action of the Respondent} No. 2 in not considering the Petitioner's^{Representationdated 04.10.2024 for} granting of NOC for alienation of tand admeasuring Ac. 3-00^{gts, in Sy. No191} situated at Kollur Village, Ramachandrapuram^{Mandal, Sangareddy District} granted under the Ex-Servicemen Quota by the then Respondent No.4^vide Procd. No. 15t1124171 dated .05.'1972^{as illegal, arbitrary and u nconstitutional.}

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lA NO: 1 OF 202s

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 2 to consider the Petitioner's Representation dated 04.10.2024 for granting of NOC for alienation of land admeasuring Ac. 3-00 gts, in Sy. No 19'1 situated at Kollur Village, Ramachandrapuram Mandal, Sangareddy District granted under the Ex-Servicemen Quota by the then Respondent No. 4 vide Procd. No. 15/1 124171 dated _05.1972 pending disposal of the above writ petition.

Counsel for the Petitioner : SRI MOHAMMED NAWAZ HYDER ALt

Counsel forthe Respondents: GP FOR REVENUE

The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

WRIT PETITION No.2156 of 2o25 ORDER:

It is stated that the petitioner was assigned/allotted land to an extent of Acs.3.00 guntas in Sy.No. 191/3O situated at Kollur Village, Ramachandrapuram Mandal, Sangareddy District uide proceedings No. 15/ ll24/71, dated nil-O5. 1972 under Ex-servicemen quota as per the policy enunciated by the Government in G.O.Ms.No.743, dated 3O.O4. 1963. It is further stated that in pursuance of the said allotment, the petitioner's name has been recorded in all the revenue records and he has been enjoying the said property as absolute owner. It is further stated that the Government, while revising its policy enunciated in G.O.Ms.No.743, has issued G.O.Ms.No.11l7, Revenue (Assignment-I) Department, dated 1 1. I 1.1993, wherein the Government directed the Commissioner of Land Revenue, to permit the Ex-Servicemen to sell away the assigned lands alter 1O years from the date of assignment. It is further stated that when the petitioner has taken a decision to sell the property the prospective purchasers are insisting to obtain No Objection Certificate from the District Collector and others, explaining the reasons the petitioner has submitted a representation, dated 04.1O.2O24 seeking for issuance of No Objection Certificate to

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CVBR, J Wp_.21 56 2025

enable him to deal^{with the subject property as absolute owner} ald also to enter into a^{sale agreement with the prospective} purchasers. The grievance of^{the petitioner is that, evenafter} receiving the said^{representation, the respondentauthorities are} not considering^{thc same.}

Considered the submissions^{of the leamed counselfor the} respective^{parties and with theirconsent, this writ petition was} disposed at the^{admission stage.}

In vie'"v of the submissions^{made by the learnedcounsel} for the respective^{parties, this Court, without exPresslng any} opinion on^{the me rits of the matter and since the petitionerhas} already submitted^{a representation,dated O4'|O'2O24 seeking} for issuancc No^{Objection Certilicateinterms of G'O'Ms'} No. 1i 17, dated^{11.11.1993, deems it appropriateto dispose of} this writ^{petition directing the respondents to examinethe} representati()n^{submitted by the petitioner and if the petitioner} fulhls all tht'^{requirements, consider his case for issuanceof No} Objection^{C ertificateand if the petitioner is not eligible for} issuance of^{the same, passa reasoned order and communicate} the same within a^{periodof eight(08) weeks from the date of} receipt of zr coPY o[ this^order.

CVBR, J Wp 2156 2O2s

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4 With the above observations, this Writ petition is disposed oL There shall be no order as to costs.

J As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

SD/.MOHD.ISMAIL ASSISTANT REGISTRAR

//TRUE COPY//

S CTION OFFICER

To,

1 . The Principal Secretary., Revenue Department, State of Telangana, . Secretariate Building, Hyderabad.

The District Collector, Sangareddy District. .

\

The Revenue Divisional Ofiicer, Ramachandrapuram Mandal, Sangareddy District.

The Tahsildar, Ramachandrapuram Mandal Sangareddy District

One CC to SRI MOHAMMED NAWAZ HYDER ALl, Advocate. [OPUC]

Two CCs to GP FOR REVENUE, High Court for the State of Telangana. tourj

Two CD Copies.

BSK

b cJP

HIGH COURT

DATED:2710112025

ORDER

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WP.No.2156^{of 2025}

DISPOSING^{OF THE WRIT PETITION} WITHOUT^COSTS

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