Disposed

Bhukya @ Chandavath Anitha, v. The State of Telangana

Telangana HC1 Aug 2025WP/22595/2025

Case brief

AI extract

What is this about?

Petitioner allotted an IOCL MS/HSD Kisan Seva Kendra dealership on her land sought a No Objection Certificate from the District Collector, who failed to act on recommendations and her representations. The High Court directed the Collector to decide the NOC request within thirty days, considering the Tahsildar's report and pending suit.

What did the court decide?

Direction to respondent No.2 to dispose of the NOC request within thirty days after considering the Tahsildar's report and the pending suit.

Bhukya @ Chandavath Anitha, Vs The State of… — Writ and Judicial Review | Telangana HC (2025)

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[³¹⁶⁸ ]

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HIGH COURT^{FORTHE STATE OF TELANGANA AT HYDERABAD} (SPecial Original^{Jurisdiction)}

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FRIDAY,^{THE FIRST DAY OF AUGU.S-]} TWO THOUSAND^{AND TWENTY FIVE}

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PRESENT

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THE HONOURABLE^{SRI JUSTTCEK.LAKSHMAN}

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WRIT PE^{TITION NO:225950F 2025}

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Between:

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avath^{Anitha, W/o Sri Chandavath Shankar' Aged about33} BhukYa @^Chand ewife. Fl/o 5-16,^{Suryarn'nOu' Perupalli Village and Post'} vears,^{Occ Hous} Singareni^Mandal , Khammam^{District, TS'}

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...PETITIONER

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AND

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1 The State of^{Telangana, Rep by its Prl' Secretary' Revenue Department'} Secretariat,^HYderabad

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The District^{Collector, lrilahabubabad District' TS}

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2 3 r Divisional Office, nd i an oi I^{co rRolltreir IOC Ltd} f^,o ' +ulit;fJ dt.?:lili ?il#"'l?LJi?:fl ; B:13fi3i: [iji c;;;."i;rt,^{N,v""rnn'sar'Hanamkonda'rS'}

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...RESPONDENTS

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Petition^{under Article 226 of the Constitutionof lndiaprayingthat in the} circumstances^{stated in the affidavitfiled therewith' the High Court maybe} pleased to issue^{a.writ,order or direction more particularlyone in the nature of} writ of the^{Mandamusby declaring the action of the respondents more} particularly action^{of the respondent No'2is not disposing of the representation} of the respondent^{No.3 (IOCL) dated04-07-2024' despiteremindedby the} petitioner herein to^{do so, asrbeing highlyirregular' illegal' unjust'contraryto law} andcontrarytoArticlel4,lg&2loflheConstitutionoflndiaandconsequently direct the respondent^{No.2 to dispose of the request letter of the respondent} No.3 dated O4-O7-2024-

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IANo: 1 0F 2025 c

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petition under Se 1S.t CpC praying that in the circumstances stated in the affidavit titeO in s d rect the respo nde nt #:"::1"':,lll1 il",ll],i ::;ffi? :: J"n::i; Seva Kendra Dea lersh I::ff*l#;#;::",,;",1^{;J,'.1il T:;:;": .X,} T11:

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Counsel for the petitioner: SRI y.BRUNDADHAR RAO COUNSEI fOr thE RESPONdENT NO.1 & 2: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER

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----7/

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THE HON'BLE^{Szu JUSTICEK. LAKSHMAN} WRIT PETITION N^{o.22595 of 2025}

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ORDER:

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Heard learned^{counsel forpetitioner and}

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Sri L Ravinder,^{learned Assistant Govemment Pleader for} Revenue appearing^{for respondentsNos'1and 2}

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Petitioner^{hereinis claimingthat she is the absolute} owner and^{possessorof land admeasuringAc'0' 1 I % guntas in} Survey No.1431/1i5l2lll2ll^{situated at Garla Village and} Mandal,MahabubabadDistrict,onthestrengthofaregistered sale deed^{bearing document No'10884 of2020 dated} 28.01 .2018.^{While the matter stood thus' she has submittedan} application^{to 3'd respondent,Indian Oil Corporation Limited'} for allotment^{of dealershipfor running MS/HSD Kisan Seva} Kendra retail^{outlet in her favourin the portion of aforesaid} land. Thereupon,^{vide letter dated 08'06'2024' 3'd respondent} allotted the^dealership t^{to the petitioner for running the said} retail outlet in^{the subject land' As per the said allotment'the} petitioner has to^{obtainNo Objection Cerlificate(NOC) from} 2'd respondent,^{District Collector,Mahabubabad'for running}

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^'l

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IiL, J lv.P.\o 22595 or2025

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the afbresaid retail outlet in the subject land. However, O 3'd responden[ has addressed a letter dated 04.07.2024 to 2nd respondent with a request to issue NOC to the petitioner. Thereafter, 2nd respondent requested the revenue authorities and others to conduct enquiry and submit a report. .fhereupon, the Tahsildar, Garla, conducted enquiry and submitted a report dated 09.10.2024 to the Revenue Divisional Officer, Mahabubabad, who in tum, submitted a report to 2nd respondent to issue NOC to the petitioner in respect of the subject land. In the meanwhile, 3.d respondent has addressed letters dared 02.10.2024 and 1g.01.2025 to the petitioner stating that if the petitioner fails to submit NOC, they are going to cancel the said allotment. In view of the same, petitioner has also submitted representations dated 24.04.2025 and 30.06.2025 to 2"d respondent with a request to issue NOC in respect ol the subject land for running the retail outlet of 3'd respondent. Despite receiving and acknowledging the letter dated 04.07.2024 of 3d respondent and the representations of the petitioner dated 24.04.2025 and 30.06.2025,2nd respondent did not act upon the same even after receipt of the reports

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kl-. J 3 \ P \o 22395^{o! 2015}

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f I

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submitted^{UV ti'" authorities concernedrecommending fol} issuance^{of NOC to the petitionerto run the retail outlet of 3'd} respondent^{in the sublectland' Therefore' challenging the said} action of^{2nd respondent,petitionerfiled the presentWrit} Petttton.

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Learned^{Assistant Government Pleader for Revenue'on} instructions,^{would submit that 2^d respondentwill consider} the said^{facts and the report of the Tahsildar' Garla' and} dispose^{of the request made by 3'd respondent as well as the} petitioner^{for issuance of NOC in respectof the subject land'}

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It is relevant^{to note that in the letter dated 30'06'2025} subrnitted^{to 2nd respondent' petitioner has mentioned abouta} suit in^{O.S.No.2 of 2024pendingon the file of the Court of} District^{Collector, Mahabubabad'in respectof the subject land} for running^{the retail outlet of 3'd respondent by the petitioner'} However,^{the said luit is} Pending'

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In the light^{of the above, 2nd respondent is directed to} consider^{and dispose of the request made by 3'd respondent to} issue NOC^{in respect of the subjectland for running MS/HSD}

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I{1. J W.P.1o.22595 oI202s

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-- '1

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retail outlet by the petitioner, duly taking into account the report of the Tahsildar, Carla, and pendency of the aforesaid suit. If 2"d respondent is not inclined to accept the request made by 3'd respondent and the petitioner, he shall pass appropriate orclers by assigning specific reasons and communicate a copy of the said order to them. However, 2nd respondent shall complete the said exercise within a period of thirty (30) days from the dare of receipt of.copy of this order

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Accordingly, this Writ petition is disposed of. There shall be no order as to costs.

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Miscellaneous applications, if any pending, shall stand

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closed.

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SD/. AHMED ABDULLAH KHAN STANT REGISTRAR //TRUE COPYII SECTION OFFICER

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To,

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The Prl. Secretary, Revenue Department, Sec re nat, Hyderabad, State of Telangana.

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The District Collector, Mahabubabad District, TS

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The Divisional Retail Head, lndian oil corporation Ltd., warangal Divisionar Office, IOC Ltd., #S-11-503 and 504,4th Ftoor, Kandakatta Clteway, kUb Cross Road, Nayeemnagar, Hanamkonda, TS.

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One CC to SRI Y.BRUNDADHAR RAO, Advocate tOpUCl 5. Two ccs to GP FoR REVENUE, High court for the Stite of rerangana at Hyderabad [OUT]

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Two CD Copies

BS LS

HIGH COURT

DATED:01tOBt2OzS

ORDER

WP.No.22595 of 2O2S

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DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

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Bhukya @ Chandavath Anitha, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Bhukya @ Chandavath Anitha, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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