Eda Vijay Kumar Vs The State of Telangana

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

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FRIDAY, THE^{FOURTEENTH DAY OF FEBRUARY} TWO THOUSAND^{AND TWENTY FIVE}

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PRESENT

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THE HONOURABLE^{SRI JUSTICE C.V.BHASKARREDDY}

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WRIT PETI^{TION NO:43MoF 2025}

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Between:

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Eda Vijay Kumar,^{S/o Late Eda AbrahamAge' 51 years' Occ Pvt' F'Ploygg'} Ri; iilni". ztzt" oto^{tii'tc,BHEa, seritirigampdlly, RansaReddyDistrict'} Telangana - 500 019. ...'ETITIONER

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...'ETITIONER AND i.

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

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The District^{Collectoi,Sanoareddy District'} 5. i'd; R;;;;r"^{-oiritionrrbft rcer, -iamacnandrapuram[t/land al' Sansareddv}

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District.

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+. ini iansifoar,^{Ramachandrapuram Mandal Sangareddy District'}

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...RESPONDENTS

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Petition under Article^{226 of lhe Constitution of lndia praying that in the} circumstances^{stated in the} affidavit filed^{therewith'the High Court maybe} the nature of a^{writ of mandamusor any other} pleased to issue a writⁱⁿ appropriate^{writ, direction' order or ordersdeclaring the actionof the Respondent} No. 2 in not considering^{the Petitioner's RepresentationdatedO4'1O'2O24for} granting of NOC for alienation^{of land admeasuringAc 3 - 00 gts' in Sy' No 191} situatedatKollurvillage,RamachandrapuramMandal,sangareddyDistrict granted under the Ex-Servicemen^{Quotaby the then RespondentNo 4 vide} Procd.No.Alstll24tTldated.05.,lgT2asillegal,arbitraryandunconstitutional.

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A NO: 1 OF 2025

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PetitionUnderSectionlslCPCprayingthatinthecircumstancesstatedin the affidavit filed^{in support of the petition, theHigrh Court may be pleased to direct} the Respondent^{No- 2 toconsider the Petitioner's Representationdated} o4.lo.2o24forgrantingofNoCforalienationoflandadmeasuringAc.3-00gts'

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in sy' No 'lg1 situater, at Korur Virage, Ramachandrapuram Mandal, sangareddy District granted unde' the Ex-servicemen Quota by the then Respondent No. 4 vide^procd No A/5/'1 124/71 dated .05.1972 pending disposar of the above writ petition.

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Counset for the petitio""ll:Rt lVtO+tAMMED NAWAZ HYDER ALt Counsel for the Respondents: AGp FOR ASSIGNMENT

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The Court made the fc,llowing: ORDER

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HON,BLE^{SRI JUSTICE C.V. BHASKAR REDDY'} WRIT^{PETITION No.4344of2025z}

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ORDER:

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It is stated^{that father of the petitioner by name} E.Abraham^{was assigned/allotted land to an extent of Acs 3'0O} situated^{at KollurVillage,} guntas in SY.No'^{19 1} /³⁰ SangareddY^District uide RamachandraPuram^Mandal' dated ni1-O5.1972^{under Ex-} proceedings^{No.A/5/ ll24 l7l'} servicemen^{quota as per the policy enunciatedbythe} Government^{in G'O'Ms'No'743'Revenue (B) Department'dated} 30.04.1963.^{It is further stated that in pursuance of the said} allotment,^{the petitioner's fathername has been recorded in all} the revenue^{records and he has beenenjoying the said property} as absolute^{owner' It is further statedthat the Government'} while revising^{its policy enunciatedinG'O'Ms'No'743'has} issued^{G.O.Ms.No'1117, Revenue (Assignment-I) Department'} dated^{1 1 1 1.1993, wherein the Governmentdirectedthe} CommissionerofLandRevenue,topermittheEx_servicemento sell away^{the assignedlandsafter 10 years from the date of} assignment.^{It isfurther stated that after the deathof} petitioner's^{father he had succeededthe said subject land and} when he^{has taken adecision toseil the property'the}

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prospective purchasers are insisting to obtain No rlbjection Certificate frorn the District Collector and others; and e.xplaining the reasons, the petitioner has submitted a representation, dated 04.lC'.').O24 seeking for issuance of No Objection Certihcate to r:nable him to deal with the subject proprerty as absolute owne;- and also to enter into a sale agreement rvith the prospective purchasers. The grievance of the petitioner is that even after receiving the said representation, the respondent authorities are not considering the same.

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2 Conside.r,:d the submissions of the learned counsel for the petitioner and learned Assistant Government pleaCer for Assignment eLp,pearing for the respondents a,d with their consent, this r.r'rit petition is being disposed at the admission stage.

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In view cl- the submissions made. by the learned <:ounsel for the respective parties, this Court, without expressrng any opinion on the rnerits of the matter and since the petitioner has already submitt.:d a representation, dated 04.10.2024 se,eking for issuance ,.I,t Objection Certificate in terms of G.rJ.Ms. No. 1 1 17, dated 1 1. I 1. 1993, deems it appropriate to dislxrse of this writ petit ion directing the respondents to examinr: the

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representation submitted by the petitioner and if the petitioner fulfils all the requirements, consider his case for issuance of No 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 (Og) weeks from the date of receipt of a copy of this order.

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4 With the above observations, this Writ petition is disposed

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of. There shall be no order as to costs

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

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SD/. L. LAKSHMl BABU ASSI NT REGISTRAR

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//TRUE COPYII

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CTION OFFICER