Mandal Ilaiah, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.12307 OF 2018 Dated:12.04.2018 Between:

Mandal Haiah, S/o. Late Ramaiah, Aged 68 years, Occ: Agriculture, R/o. Savargaon (V), Mavala (M), Adilabad District, Telangana .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Department of Revenue, Secretariat, Hyderabad, Telangana State and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.12307 OF 2018 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. 2.

This Writ Petition is filed alleging that even though petitioner requested for issuing 'No Objection Certificate' (NOC) to enable him to alienate the subject land, the said certificate is not issued. He claims that the subject land is private patta land and therefore refusal to issue NOC is illegal. In paragraph No.3 of the affidavit filed in support of the Writ Petition, petitioner also states that revenue records require correction treating the subject land as patta land, but no such correction is carried out.

3.

The report of the Tahsildar, Mavala Mandal, Adilabad District, dated 09.02.2018, addressed to the Revenue Divisional Officer, Adilabad District, would show that the subject land was assigned to Peddolla Ashiga, who sold the land to Manda Ramaiah, father of petitioner. If that is so, prima facie, it cannot be said that the land is private patta land. However, if the report is not in accordance with the revenue records, petitioner should apply for correction of revenue records and until and unless the revenue records are corrected deleting the status of the land as assigned land, no alienation can be permitted. As long as the land is classified as assigned land, NOC cannot be issued.

4.

The Writ Petition is accordingly dismissed leaving it open to the petitioner to work out his remedies as available in law for correction of the revenue records, if it is permissible, or to seek any

other request from the respondent authorities. There shall be no order as to costs.

Miscellaneous Petitions, if any, filed in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:12.04.2018 KH