Paoidala Nirmala alias Shobha Wo' v. The State of Telangana' Represented by Principal Secretarv to Revenue
Case Details
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PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue writ, order or direction, more particularly one in nature of writ of mandamus or any other appropriate writ declaring the inaction of Respondent No.3inconsideringPetitionerstworepresentationsdated23-10-2024seekingNo Objection Certificate-Urban Land Ceiling for Plot No 84 and 89 in Survey Number 9/landlOilofRamanathapurKhalsaVillage'UppalMandal'Medchal-Malkajgiri DistrictwhichcomesunderRetainableAreaoftheDeclarant,asillegal,arbitrary and contrary to the provisions of Urban Land (Ceiling and Regulation) Act' 1976 andviolativeofArticles14'21and300-4oftheConstitutionoflndiaand consequently dir3(t th€ Respondent No.3 to forthwith to procesi pe titioners Noc applications dat:c 1?.1"10-2024 in the same manner Noc arre; dy issued to similarly situated p 3rr;o rs in the same layout. IA NO: 1 OF 2025 Petition und(:r s()ction 151 cpc praying that in the c rcurlsta rces stated in the affidavit filed ir ; rpport of the petition, the High court may t e preased to DIRECT the Resprrnrrr: rt No.3 to process petitioner Noc appricatir ns dated 23- 10-2024 in the sern e nr rnner Noc arready issued to simirar.ry srtuat :d persons in the same layout penc i I 3 disposal of the writ petition. Counsel for the Petitiorrer: SRI RAJKUMAR GUMMI Counsel for the Respcndents: SRI L. RAVINDER, AGp FOFI REVEh UE The Court made the fo lowing: ORDER ) l I I l rl-l HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.16635 of2o25 ORDER: It is stated that the petitioner is the owner and possessor of the plot Nos.84 and 89 admeasuring 24O and 323 square yards respectively, situated at Sy.No.9/ 1 of Ramanthapur Khalsa Village, Uppal Mandal, Medchal-Malkajgiri District, having acquired the same through registered gift deed bearing document Nos.9175 of 2012 and 9947 ot 2OO8. It is further stated that, originally, the said two plots were purchased by the sister and mother of the petrtloner from one Pasham Rameshwar Rao through registered sale deeds bearing document Nos.2085 of 1989 and 57 of 1989. It is further stated that the yendor by name Pasham Rameshwar Rao had hled a declaration under the provisions of the Urban Land (Ceiling and Regulation) Act, 7976 and after computation of the excess lands, surplus land was taken possession by the petitioner and the petitioner's mother and sister have purchased the retainable area of the declarant. It is further stated that, when the petitioner made an application seeking building permission, the municipal authorities insisted for the clearance certif-tcate from the Urban Land Ceiling Authorities. Therefore, the petitioner had submitted a detailed application, dated 23.1O.2024, duly 2 CVBR, J Vr'p.I 1635_2025 enclosinS .11 the necessary documents stating lhat :h ) subject propert!. :lc tot form part of the surplus land v':ste,:l ir-i rhe State and recu:rs r,l issuance of No Objection Certifi(ate t,o e rable her to obta n r r rcssary permission from the competen t ar- tl'rorilies. The grier rlrirr of the petitioner is that, even though the said applicirfion ,r as received by respondent No.3 on 2:r.1O 2024, no orders rrr:: p,r ssed on the said application.
2. C o rsrrl:red the submissions of the learnt'd coutr: e[ for the petiliort:; ir rd Sri L.Ravinder, learned Assis':ant Go 'ernment Pleader Irrr Fevenue appearing for responden - Ncs.1 to 3 and with t1^ei:' j:'nsent, this writ petition is being dispos d at the admissio.r s'.itge . 3 I [;:r,irr,g regard to the submissions made b1' th learned counscL 1:,: rhe respective parties, this Co -rr[, without express,irLg r r-n, opinion whether the 'land p urclLa se 1 by the pe titior t: ''s r rother and sister forms part of th: surpJl s land or it is rr :hr re'tainable area of the declarant anrl 1.1 e title is transl-e rrd -, r tl're petitioner legally as per the pro risir ns of the Transle r- ol )']roperty Act and since it is the grie van ;e of lhe petitiorLe r I i Lt she made an application seekirlg is sua lce of No Objecti:rr r-'e rtrficate, deems it appropriate to dispos e of this 3 CVBR, J Wp 16635 2025 Writ Petition directing respondent No.3 to examine and consider the petitioner's application, dated 23.10.2024 and pass a reasoned order in accordance with law and communicate the same to the petitioner within a period of four (04) weeks from the date of receipt of a copy of this order.
4. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. 5- As a sequel, the miscellaneous petitions pending, if any, shall stand closed ,ITRUE COPY// SD/.K. '#,"T+ttSiSTIXX SECTION OFFICER To, Te of Telangana, Dr' B R gana-5OOO22 I Secretary to langana Secreta t., s Revenue DeP 1 . The Princ riat, HYderabad, Tel Ambedkar 2rhe Chief Commissioner of Land Administration (CCLA), NamPallY Station Roid, Abid., Hyd"ta bad- 500001. lnteg rated District Office ComPlexes' AnthaiPallY Village, ShameerPet Ma ndal, Medchal-Malkajgiri District, Telanga na 500078 4. One CC to SRI RAJKUMAR GUMMI, AdVOCAIC IOPUC] 5. Two CCs to GP for Revenue' High Court for the State of Telangana at
3. The D istrict Collector' Hyde rabad. [OUT]
6. Two CD CoPies MP BS W \ I HI(iH COURT DATED:1810612025 1 O\- k '. r.. a o e 1 Jil' 'ttI * Oc j,'6 l. rl - :=--.- --L,; ORDER WP.No.166i35 of 2025 DISPOSING OF THE WRIT PETITION WITHOIJT COSTS 1 )l> v'