Oruganti Jeethaiah, v. The State Of Telangana

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.33750 OF 2014 ORDER:

The grievance of the petitioners against the respondents is non-issuance of the No Objection Certificate with respect to the property an extent of Ac.0-19 guntas situated in Sy.No.21 of Khanampet Village, Serlingampally Mandal, Ranga Reddy District, for the purpose of availing bank loan.

This matter came up for admission on 11.11.2014, then thereafter on 18.11.2014, 30.12.2014 and finally to 05.02.2015 under the caption "for orders". Today, both the learned counsel appearing for the petitioners as well as the learned Assistant Government Pleader for Revenue (Telangana) submit that the issue is squarely covered by the judgment dated 01.10.2014 in W.P.No.1653 of 2013 passed by the Division Bench of this Court, wherein this Court had held henceforth no Government official shall act or take action in any manner unless that official concerned is authorized by law. Insistence of such No Objection Certificate is not authorised, such power cannot be traced to any statute and as such there is no obligation on the respondent officials to provide a No Objection Certificate.

In the light of the judgment of the Division Bench of this Court, the petitioners may appraise the loan sanctioning authorities about the judgment of the Division Bench of this Court in W.A.No.1653 of 2013, dated 01.10.2014, and in the event any of the authorities not following the judgment, the petitioners may take appropriate proceedings as enjoined in the law.

Accordingly, the Writ Petition is disposed of. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

___________________________ CHALLA KODANDA RAM, J Dated:11.02.2015.

Ssv