Peddapally Rajeshwar Rao Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Peddapally Rajeshwar Rao Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Direction to the respondents to examine the petitioner's representation dated 04.10.2024 and, if the petitioner fulfils all requirements, to consider his case for issuance of the No Objection Certificate; if ineligible, to pass a reasoned order and communicate it within eight (08) weeks; no order as to costs; pending miscellaneous petitions closed as a sequel.

Issue for consideration

Whether the respondents should be directed to examine the petitioner's representation dated 04.10.2024 seeking issuance of a No Objection Certificate (in terms of G.O.Ms.No.1117 dated 11.11.1993) for alienation of the land assigned under the Ex-servicemen quota, and to consider the case if requirements are fulfilled.

Court's answer

Since the petitioner had already submitted a representation dated 04.10.2024 seeking issuance of No Objection Certificate in terms of G.O.Ms.No.1117 dated 11.11.1993, the Court deemed it appropriate to dispose of the writ petition by directing the respondents to examine the representation submitted by the petitioner, and if the petitioner fulfils all the requirements, to consider his case for issuance of the No Objection Certificate.

Ratio / Principle

If the petitioner is not eligible for issuance of the No Objection Certificate, the respondents must pass a reasoned order and communicate the same within a period of eight (08) weeks from receipt of a copy of the order.

Key takeaways

The writ petition was disposed of at the admission stage with the consent of learned counsel for the respective parties, and the Court expressly did so without expressing any opinion on the merits of the matter.ratio¶¶32

Detailed headnote1 paragraphs

High Court for the State of Telangana (C.V. Bhaskar Reddy, J.) disposed of Writ Petition No.4138 of 2025 at the admission stage, with consent of counsel and without expressing any opinion on merits. The petitioner, successor of his late father P.Venkatesham, who had been assigned Acs.3.00 guntas in Sy.No.191/30 of Kollur Village, Ramachandrapuram Mandal, Sangareddy District under the Ex-servicemen quota (Proceedings No.A/S/1124/71, May 1972, pursuant to G.O.Ms.No.743 dated 30.04.1963), sought a No Objection Certificate for alienation of the assigned land in terms of G.O.Ms.No.1117 dated 11.11.1993 (permitting Ex-servicemen assignees to sell assigned lands after 10 years). Prospective purchasers insisted on an NOC, and the District Collector failed to act on the petitioner's representation dated 04.10.2024. Holding that the representation was already on file, the Court directed the respondents to examine it and, if the petitioner fulfils all requirements, to consider his case for issuance of the NOC; failing eligibility, to pass a reasoned order and communicate it within eight (08) weeks of receipt of the order's copy. No costs; miscellaneous petitions closed.

[³²⁹⁶ ]

j i i

i I i I I

IN TI{E HIGH COURT FOR THE STATtr ^E TEt A^I.I' A Ar HYD E RABAD c r*,lll ?,:,Ifl:i f,l ]6='HL]^N

THURSDAY, THE.IIIIIEENTH DAY OF FEBRUARY Two THoUSAND AND rwerrrrv irve

PRESENT

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

WRIT PETlTtoN NO: 4138 0 F 202s

Between:

Peddapally Rajeshwar Ra ,rs,i",i#p,ffi !,|T1??,.x:J*=1"T3[,Xl5i,f 1,fl,,?,,i,Lffi iB,3li"I#;

AND

...PET|TIoNER

$;,"tr'[i'aljfrrfli?-1?r::iriJ. The State of Telan^{* Principle secretary Revenue} Department,

The District Collector, Sangareddy District.

The Revenue Divisional Office.,.,,rurr r, Ramachandra District. ^arnacnanorapuram^{Mandal, Sangareddy}

The Tahsildar, Ramachandrapuram Mandal, Sangareddy District.

...RESPONDENTS

Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, 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 decraring the action of the Respondent No' 2 in not considering the petitioners Representation dated 04t10t2024 for granting of NOC for alienation of land admeasuring Ac. 3-00 gts, in Sy. No 191 situated at Ko'ur Vi'age, Ramachandrapuram Mandar, sangareddy District granted under the Ex-Servicemen euota by the then Respondent No.4 vide Procd. No' ArSt 1124171 dated ro5r1972as iregar, arbitrary and unconstitutionar.

IA NO | 1 0F²⁰²⁵

PetitionunderSiectionl5lCPCprayingthatinthecircumstancesStatedin the affidavit^{filed in support of the petition,the High Court maybe pleased to} direct the^{ResponderrtNo.2 to considerthe PetitionersRepresentationdated} o4tlotzoz|forgrantingofNoCforalienationoflandadmeasuringAc.3-00gts'in Sy.NolglsituatedatKollurVillage,RamachandrapurantMandal'Sangareddy District^{grantedunderthe Ex-ServicemenQuota by the then RespondentNo' 4} vide Procd. No.^{A/5/ 1124t71 dated to5l1g72pending disposalof the above writ} petition.

Counsel for the^{Petitioner: SRI MOHAMMED NAWAZ HYDER ALI}

Counsel forthe^{Respondents:GP FOR REVENUE}

The Court made^{the following:ORDER}

*'-"7

HON'BLE SRI JUSTICE C.V. BHASI(AR REDDY WRIT PETITION No.4138 of 2025

ORDER:

It is stated that father of the petitioner by name P.Venkatesham was assigned/aliotted land to an extent of Acs.3.OO guntas in Sy.No. 191/3O situated at Kollur Village, Ramachandrapuram Mandal, Sargareddy District uide proceedings No.A/S/ rn4/71, dated nil_05.1972 under Exservicemen quota as per the policy enunciated by the Government in G.O.Ms.No .743, d,aLed 30.04.1963. It is further stated that in pursuance of the said allotment, the petitioner,s father 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. 1 117, Revenue (Assignment-l) Depar[ment, datid 11.1 l.]993, wherein the Government directed the Commissioner of Land Revenue, to permit the Ex-servicemen to sell away the assigned lands after 10 years from the date of assignment. It is further stated that after the death of petitioner,s father he had succeeded the said subject land and. when he has taken a decision to sell the property, the prospective purchasers are insisting to obtain No

2

CVBR,^J Wp 4138-2025

Or:rtificate^{from the District Collectorand others'} Objection 1.he reasons^{thepetitionerhassubmitteda} explaining representatlcn,^{dated 04. lO.2O24seeking for issuant:e of No} Objection^{Certihcateto enable him to deal rvith the subject} property as^{absolute owner and also to erLter intc' asale} agreement^{u'ith the prospective purchasers' 'Ihe grievanceof} is that even^{alter recerving t]resaid} the^petltloner represental-ion,^{the respondentauthorities are not considering} the same

Consi<lered^{the submissions of lhe learned counselfor the} respective^{parties and with their consent'this writ petitionis} being dispos,ed^{at the admission stage'}

In view of^{the submissionsmadeby the learnetlcounsel} for the resJrective^{parties, this Court, without cxpressingany} opinion on.^{t.he meritsof the matterand since the petitioner has} already sr-rbmitted^{a representation,dated 04 lO ''2O2'+seeking} for issuance^{No Objection Certihcate intr:rms ol G'O'Ms'} No.1117,,Cated11.11.1993,deemsilappropriatetorlisposeof this writ^{p'etition directingthe respondents to examine the} representation submitted^{by the petitioner and if the petitioner} fulhls all l-he requirements,^{considerhis case lor issuilnceof No}

J

CVBR, J wp_4138-2025

Objection Certificate and if the petitioner is not eligible for issuance of the same, pass a reasoned order and communicate the same within a period of eight (08) weeks from the date of recerpt of a copy of this order.

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

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

To,

//TRUE COPY//

SD/- MOHD. TSMAIL ASS ANT REG]STRAR SECTION OFFICER

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

The District Collector, Sangareddy District.

The Revenue Divisional Officer, Ramachandrapuram Mandal, Sangareddy District.

The Tahsildar, Ramachandrapuram Mandal, Sangareddy District.

One CC to SRI MOHAMMED NAWAZ HYDER ALt, Advocate. tOpUCI

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

Two CD Copies.

BSK

s

HIGH COURT

DATE D^{: 1} 310212025

4ill-,=li:l-.-.
't')' .: ^...,'..<br>'a_
,, .')
iJ
it
l 2 o rfs io25 iir;
'a,
, ,/1

ORDER

WP.No.4138 of 2025

DISPOSING OF^{THE WRIT PETITION} WITHOUT COSTS

€9oTt'

'le v