High Court for State of TelanganaWP/40771/2014disposed of no costs

M.Ramanna, v. State Of Andhra Pradesh, Rep.By Its Principal Secretary

2015-01-22Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.40771 of 2014 ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue (A.P.) for respondents. This writ petition is filed to declare the action of respondents 2 and 3 in not taking any action pursuant to the proceedings Rc.No.E6/908/2014, dated 28.05.2014 for issuance of NOC to the petitioner in relation to an extent of Ac.4.65 cents in Sy.Nos.2598/1, 2 and 3 of Peddavorampadu Village, Obulavaripalli Mandal, YSR Kadapa District as illegal and arbitrary.

The case of the petitioner is that he is an ex-serviceman and has been assigned an extent of Ac.4.65 cents situated in Sy.No.2598/1, 2 & 3 of Peddavorampadu Village, Obulavaripalli Mandal, YSR Kadapa District, under Ex-serviceman quota. To meet with his financial needs, the petitioner intended to sell the land. Accordingly he submitted an application dated 26.05.2014 to the 2nd respondent-District Collector seeking 'No Objection Certificate' to sell the land by complying all the conditions in G.O.Ms.No.307, Revenue (Assignments-I) Department dated 06.06.2013. As a matter of fact, the 2nd respondent directed the 3rd respondent-Revenue Divisional Officer to enquire into the matter and submit a report. Accordingly the 3rd respondent conducted enquiry and submitted a detailed report through proceedings Ref.No.E6/908/2014, dated 28.05.2014. As there is no progress in the matter, he approached this Court by way of the present writ petition.

In my considered view, the grievance of the petitioner can be redressed if a direction is given to the 2nd respondent, who is the competent authority in terms of G.O.Ms.No.307, dated 06.06.2013, to issue NOC on the application submitted by the petitioner after

considering the merits of the case.

Therefore the writ petition is disposed of directing the 2nd respondent to consider the application dated 26.05.2014 submitted by the petitioner for issuance of NOC, and pass appropriate orders within a period of six weeks from today. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _____________________ CHALLA KODANDA RAM, J.

22nd January, 2015 Js.