The High Court · 2025

...RESPONDENTS . Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed ther-ewith, the High Court may be pleased to issue Writ or Order more particularly one in the nature of Writ of fi/andamus, declaring the action of the Sth Respondent not followed the official proceedrngs of 4th Respondents vide File No. No. E3l3O77l2O14 daled 27.O9.2014.21 .11.2O14 and file No. N/'1392'1 dated 12.12.2014 and also kept pending for issuance of NOC on Petitioners Representation dated 17.03.2016 as illegal, arbitrary and violation of fundamental rights guaranteed under Articles 14, 21 and 3004 of Constitution of India and subsequently direct the official respondents to follow due process of Law on 4th Respondents proceedings vide File No. No. E313O7712014 dated 27.09.2O14.21 .11.2O14 and file No. N/1392.1 dated 12.12.2014 and also petitioners representation dated 17.03.20'16 lA NO: 1 OF 2021 Petition under Siection 15'l CPC praying that in the cirr)umstances stated in the affidavit filed in support of the petition, the High Coui may be pleased to direct the 5th Respondent to receive and process the do,:uments filed by the Petitioners an extent of Ac. 5-08 Gts. in Sy. No. 52112 and Ac- 4-32 Gts. in Sy. No. 604/2 situated at Rampur Village without insisting NOC pending disposal of the above writ petition Counsel for the Petitioner: SRl. K. RAMACHANDRA Counsel for the Respondents: SRI H. RAKESH KUMAR, ACiP FOR REVENUE The Court made the lollowing: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.218O of 2O2l ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "....fo issue Writ or Order more partiaiarly one in the nature of Writ of Mandamus declaring the action of the 5th Respondent not follou,ted the offi"cial proceedings of 4th Respondents uide File No.E3/ 3O77/ 2O 14, dated 27.09.2014, 21.11.2014 and file No.N/13921 dated 12.12.2014 and also kept pending for issuance of NOC on Petitioners Representation dated 17.03.2016 as illegal arbitrary and uiolation of fundamental ights guranteed under Aflicles 14, 21 and 30OA of Constitution of India and subsequentlg direct the olftcial respondents to follou.t due process of Law on 4tt, Respondents proceedings uide File No.E3/3077/2014 dated 27.09.2014, 21.11.2014 and file No.N/ 13921 dated 12.12.2014 and also petitioners representation dated 17.03.2O16 and to pass.. .. "

2. The brief facts of the case are that the father of the petitioners was a freedom fighter and by virtue of that dedication, the then State Government assigned Land to an extent of Acs.4.32 guntas ln Sy.No.604 Bancharai and Acs.5.08 guntas 1n Sy.No.S2 1 Shikam in favour of their fattrer utde proceedings No.A5/ 1458/82, dated 25.03.1982. After the demise of their father artd mother, the petitioners j I'agc 2 r)f J !-I have applie(l for succession before resp)ndent No.5. Respondent No. 5 called for objections uide File No.B 1699a 12010, dated 23.1O.2O1O from interested persons but no one claimed. As such, respondent No.S issued pattada-r pzrss,books in favour of the petitioners,. Since then, the petitior-rers are ln peaceful possession of the subject property and eking their livelihood by doing crrltivation. As per the revenue records, the name of petition:r No. 1 name was shorvn in ROR 18 in Sy.No.604 l2/2, klLata No.3100, Dry land ancl extent of Acs.2.1600 describec as assigned land/D form :atta/ La!,uni patta. Petitioner No. 2 name was shown in ROR 18 in Sy.No.604 12/1, khata No.3099, Dry land and extent of Acs.2.1600 described as assigned land/D form patta/ Larruni. Now, the petitioners are intended to sell the land appr:ached respondent authorities to issue NOC to an extent of ,\cs.5.08 guntas in Sy.No.52 112 and Acs.4.32 guntas ln Sv.No.6O4/2. Respondent No.4 sent File No.E,3/3077/11014, dated 27.O9.2O14, 2l .11.2O 14 and File No.N/1392 1, dated 12.12.2014 to respondent No.S to take action. Despi:e receiving the same, respondent No.5 has not acted upon it. Hence, the present writ petition I .l ,/ Page 3 of4 I I

3. Learned counsel appearing for the petitioner would submit that respondent No.5 has not followed the official proceedings of respondent No.4 uide File No.E3/3O77 l2Ol4, dated 27.O9.2014, 21.11.2014 and File No.N/ 13921, dated

12.12.2014 and also kept pending the file for issuance of NOC. Hence, seeks indulgence of this Court to pass appropriate orders.

4. Learned Assistant Government Pleader for Revenue, appearing for respondent Nos.1 to 5 would submit that the petitioner has made representation to the Joint Collector, who is not made as a party in this petition. The matter is pending before respondent No.5, who is the competent authority. If petitioner makes representation to respondent No.5, respondent No.S will consider the same and pass appropriate orders in accordance with law.

5. In the light of the aforesaid discussion, this Writ Petition is disposed of, granting liberty to the petitioner to submit representation to respondent No.5 within a period of 8 weeks from the date of receipt of a copy of this order. On filing such application, respondent No.5 shall consider the Page ,l of4 l. same and pass appropriate orders, strictly in accordance with law within a period of 12 weeks thereon. l'here shall be no order as to costs. As a serluei, miscellaneous petitions, if rrny, pending, shall stand clrsed. ,TRUE COPY// SD/.K.BHAVANI SWAMY ASSI:'-ANT REGISTRAR @ SECTION OFFICER \ The Principal Secretary, (Revenue) B.R.K. Bhavan. Set:rertariat, T.S.,Hyderabad The District Collector, Karimnagar, The Chief Commissioner of the Land Administration, N:rmpaliy, Hyderabad. The Revenue Divisional Officer, Huzurubad Revenue Div sion, Karimnagar District. The Tahsildar, Huzurabad Mandal, Karimnagar District. One CC to SRl. K. RAMACHANDRA, Advocate [OPUO] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad [OtJT] Two CD Copies BIV GJP To, 1 2 3 4 q t) 7 8 4t, HIGH COURT DATED:201(t9t2025 'i 5 r..',r ?iHi ,, ') ,,/ ORDER WP.No.2180 <tf 2021 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I 14 \D f