M. Satyavathi v. The State Of Telangana
13168 | HIGH COURT F'OR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 1806 OF 2023 Betwcen:
M. Satyavathi, Wo. M. Rama Rao @ Ramulu, Occ: Agriculture, B-3, Sector C, Near Old Bowenaplly Market Yard, Manovikas Nagar, Secunderabad, Telangana 500009. ...PETITIONER AND I . The State of Telangana, Rep. by its principal secretary (Revenue) Secretariat, Hyderabad.
2. The Chief Commissioner of Land Administration, Nampally Station Road, Hyderabad.
3. The District Collector, Yadadri-Bhuvanagiri District at Bhongir.
4. Revenue Divisional Oflicer, Yadadri-Bhuvanagiri District.
5. The Tahsildar, Bhongir, Yadadri-Bhuvanagiri District. RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not issuing No Objection Certificate in term os G.O.Ms. No. 307 Revenue (Assignments-I) Department, dated 06.06.2013 issued by the erstwhile Govemment of Andhra Pradesh in respect of the land in an extent of Ac. 5.00 guntas in S.No.
200/15 (New) (200/2 Old) of Anantharam Village of Bhongir Mandal of Yadadri-Bhuvanagiri District as illegal, arbitrary and in violation ol the laws of the land and also in vilation of Articles 14,16,21 and 300 A of the Constitution of India and consequently direct the respondents to issue No Objection Cerlificate after conducting survey and fixing the boundaries in respect the land in an extent of Ac. 5.00 guntas in S.No. 200/15 (New) (200/2 Old) of Anantharam Village of Bhongir Mandal of YadadriBhuvanagiri District, in accordance with law; IA NO: I OF 2023 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 respondents to pass appropriate orders on the representations of the petitioner dated 2'7.06.2022,28.11.2022 and 19.08.
2019 till the disposal of the above Writ Petition; :SRI.DSVGNAGARAJU : GP FORREVENUE -.
HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.18O6 of 2o23 ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.
2. According to the petitioner, her husband was the absolute owner and possessor of the land admeasuring Ac.5-00 gts ir-r Sy.No.200/2 (old) 200/15 (new), situated at Anantharam Village, Bhongir Mandal, Yadadri-Bhuvanagiri District, on the basis of patta certificate No.D1/3176/68 dated 17.O2.1969. Thereafter, she has applied for No Objection Certificate under G.O.Ms.No.307, Revenue (Assignments-I) Department dated 06.06.2013 She also sought for conduct of survey and demarcation of the aforesaid property by fixing boundaries. The 3.d respondent vide proceedings dated 09.12.2022 on considering the valuation of the property and the aforesaid G.O, requested respondent No.2 to consider the request made by the petitioner for issuance
of No Objection Certificate and also for taking necessary action. Despite receiving and acknowledging the said proceedings dated 09. 12.2022, respondent No.2 did not act upon the same. Therefore, the present Writ Petition.
3. Perusal of the record would reveal that the aforesaid land was assigned to husband of the petitioner under ex-servicemen quota. Her husband died on lO.O7.2OA8. Therefore, with an intention to alienate/develop the said propert5r, petitioner has sought No Objection Certihcate in terms of aforesaid G.O. Despite, specific recommendation by the 3'd respondent, 2"d respondent is not considering the issuance of No Objection Certificate in favour of petitioner.
4. In view of t]:e aforesaid discussion, t].is Writ Petition is disposed of directing respondent No.2 to consider the request made by the petitioner and the proceedings dated 09.12.2022 of respondent No.2 and issue No Objection Cerfficate in favour of petitioner in respect of aforesaid property in terms of G.O.Ms.No.307
dated 06.06.2013 as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of copy of this order. With regard to conducting of survey, liberty is also granted to the petitioner to submit online application in terms of CCLA's Circular No.Il2021, dated 15-01-2021,. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. I SD/.MOIID.S, //,RUE copy/l ^.$,I+XfitHtfrTf^T l To, I.
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OI{DEIt WP.No.l806 of 2023 WRIT PETITION IS DISPOSED OF WITHOUT COSTS