1. l\ v. State of Telangana

a praying that in the High Court may be particularly one in the Respondents in not ;tion Certrficate with n Plot Nos.S,6, 7 of all plots situated in ;t, as illegal, null vord, issue No Objection rg the Petitioners for ith Panchanama with lA NO: 1 OF 2022 Petition under Section 151 cPC praying that in the r:i cumstances stated in the affidavit filed in support of the petition, the High court n'i y be pleased to direct the Respondent No.4 to consider the Representation of pet,1 oners dtd. .l 5-01 -2008 fo rthwith. Counsel for the Petitioner: SRI G. RAVI CHANDRA SEKH,1 t Counsel forthe Respondents: ASST. Gp FOR REVENUE The Court made the following: ORDER r\ THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL IIIRIT PETITION No.6388 OF 2022 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following reliet ".....to issue an appropriate Writ, order or direction more particularlg one in the nature of Writ of Mand.omus d.eclaring the action of the respondents in not considering the representations for grant of No Objection CertiJicate uith conshttction permission for constntction of Po,ccrr. Houses in plot Nos,S,6,Z of Zone No.7 and plot Nos.1O,7 7,12,14,9 of Zone No.II, all plo* situated in Sg.No.S8 of Singareni uiltage and Mand.al, Khammam District, a.s illegal, null uoid., arbitrary and. consequentlg direct the respond.ents to issue lVo ObJection CertiJicate uith grant of Construction Pertnission, pertnitting the petitioners for construction of po'cc<r Houses ln the subject Plots along with Panchandtna with Jixed boundaries bg Mand.al Survegor and to pass s-uch other order or orders...n

2. Brief facts of the case are that petitioners are the owners and possessors in respect of lands located at plot Nos.S, 6 ,7 of Zone No.l and plot Nos. 1O, 11, 12, 14, g Zone-ll, both situated in Sy.No.38 of Singareni Village and Mandal, Khammam District. The petitioners have applied for ,/ 2 EYY,J l+aP.No.6388 OF 2022 issuance of "ownership certificate" by paying t1i r requisite fee to respondent No.4. However, respondent No.4 reither issued "No Objection Certificate" nor given any re:l'onse lor the petitioners' representation. Hence, the present r, 'it petition.

3. Heard Sri G. Ravi Chandra Shekar, lezu'rr:d counsel for the petitioners ald learned Assistant Governmt tt Pleader for Revenue appearing on behalf of responden Nos.1 Lo 4 Perused the material available on record.

4. Learned counsel for the petitioners su . mits that the requisite fee for issuance of "ownership certilt:tte" was paid under Rc.No.B/ L38 l2OO4 on 30.03.2004, anr 1 respondent No.4, the Tatrsildar, accepted the payment ancl I rade an entry in the office cash book (Serial-I, Page No. 64). Sir ce the date of purchase, the petitioners have been living in a tt atched house thereon, which has now become dilapidated. 'l re petitioners aJe currently residing in rented accommoda, on. To build Pucca houses, they applied to responder I No.5/Gram Panchayat, Singareni Village. Respondent No.5 then issued Y (', -) EYY,J lf.P.No.63EE OF 2022 Memo No.11/GPS/08 dated 29.07.2OO8, directing them to obtain "No Objection Certificate" from respondent No.4 and a panchnama by the Mandai Surveyor. Although the Surveyor had already submitted the plan to respondent No.4, respondent Nos. 2, 3 and 4 neither issued the certihcate nor responded to the petitioners' representations.

4.L. In responsc to the petitioners' representation dated

23.07.2019, respondent No.2 issued proceedings vide R.C. No.A4IGOVT /OOO9 l2Ol9 dated O2.O9.2019, directing respondent No.4 to consider representations of the petitioners and pass appropriate orders as per rules. Despite the said direction, respondent No.4 has not taken any action. Hence, the petitioners seek to pass appropriate orders on their representations.

5. Learned Assistant Government Pleader submits that for issuance of NOC the authorities must follow the rules. He further submits that the petitioners' case was sent by respondent No.2 vide R.C.No.A4lGovtlOOOSl20tg (d"Eq ,/ 4 EYI/,J lY.1'.h'o.6lE8 OF 2022 O2.O9.2O19) and the same is being looked into. -Iou,ever, due to COVID-19 restrictions, inspite of lapse ol 1ot of time, nothing could be done by respondent No.4. Ie, therefore, submits that a direction may be given to thc tetitioners to make a detailed representation to responden No.4 afresh, a-long with the necessaqr documents to establr: tr their case, who in turn shail forward the same for consid- -ation bv the respondent No.2 and to pass appropriate orders -n accordarLce with law.

6. In these circumstances, after hearing le: rnecl counsei for the petitioners and the Assistant Governmenl pleader, and upon perusal of the materia_l available on r€( ord, without expressing any opinion on the merits or demer I s of the case of the petitioners, this Court deems it appropriarr to direct the petitioners to make a fresh detailed represerr ation afresh along with necessary documents to establish heir case to respondent Nos.3, 4 and 5 within a period of ei11 rt (08) weeks from the date of receipt of a copy of this orde r. On such rqpresentations being received respondent No 1 is directed *Effi 5 E yl/,J H'.P.No.6J66 OF 2022 issue notices to a,11 the parties concerned, provide sufhcient opportunity for submission of their explanations, examine the same and pass appropriate orders strictly in accordance with law, preferably within a period of three months thereafter.

7. With the above direction, this present Writ Petition is disposed of. No costs Miscellaneous Petitions, pending if any, shall stand closed. SD/. K.BHAVANI SWAMY ASSISTANT REGISTRAR /<(v SECTION OFFICER //TRUE COPYi/ To,

1. The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad

2. The District Collector, Collector Office, Khammam, 3. The Revenue Divisional Officer, Khammam District. 4. The Mandal Revenue Officer, Singareni, Khammam District. 5. The Secretary, Grampanchayath, Singareni Village and Mandal, Khammam

6. One CC to SRI G. RAVI CHANDRA SEKHAR, Advocate [OPUC] 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. B. Two CD Copies District. BN TKS UL / t HIGH COURT DATED:1710912025 ORDER WP.No.6388 of 2022 i1.I t SIa \ ( 3 i1JANzo2b ' * ,:SprtlcHl)--- DISPOSING OF THE WRIT PETITION WITHOUT COSTS (y P z\ \ b v\