Usha Devi Jalan v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13308 OF 2019 DATED :03.07.2019 Between :

Usha Devi Jalan W/o.Sri Kishan Jalan, Aged about 56 yrs, Occu : Housewife, R/o.H.No.3-4-103/11/1/1, R.K. Nagar, Hyderguda, Attapur, Hyderabad ..

Petitioner And The State of Telangana, Rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13308 OF 2019 ORDER :

Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

2.

Petitioner claims to have purchased Ac. 1-00 guntas in Sy.No.47/AA, Katedan Village, Rajendra Nagar Mandal, Ranga Reddy District, by way of two registered sale deeds dated 22.11.1988. In order to alienate the said land, petitioner claims to have submitted application to the District Collector to classify the land as Patta land and also to issue No Objection Certificate. This request of petitioner was rejected by the District Collector vide his endorsement dated 13.03.2019 informing her that the subject land is a government land and that no objection certificate cannot be issued. While so, without assailing the said decision, this writ petition is filed praying to direct the District Collector, to issue No objection certificate to the petitioner in respect of the subject lands, by de-notifying the land from the prohibited list under Section 22-A of the of the Registration Act, 1908 (for short, 'the Act').

3.

As noted above, since a decision is already made rejecting the request, the prayer as sought for by the petitioner cannot be granted. Further when the Government asserts that the subject land is government land, unless the status of land is changed or petitioner secures appropriate declaration in accordance with law that it is a private land, she can not alienate the land nor request to issue No Objection Certificate.

- 3 - 4.

Thus, leaving it open to the petitioner to work out her remedies, including filing application for deletion of her property from the list of prohibited properties, the Writ Petition is dismissed. Pending miscellaneous petitions, if any, shall stand closed.

__________________ P.NAVEEN RAO,J 3rd July, 2019 Rds