High Court · 2025
Case Details
Acts & Sections
avath Anitha, W/o Sri Chandavath Shankar' Aged about 33 ewife. Fl/o 5-16, Surya rn'nOu' Perupalli Village and Post' , Khammam District, TS' ...PETITIONER AND 1 2 3 The State of Telangana, Rep by its Prl' Secretary' Revenue Department' Secretariat, HYderabad The District Collector, lrilahabubabad District' TS r nd i an oi I co rRolltreir f ,o +ulit;fJ dt.?:lili ?il#"'l?LJi?:fl ; B:13fi3i: Divisional Office, IOC Ltd [iji c;;;."i;rt, N,v""rnn'sar' Hanamkonda' rS' ' ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a.writ, order or direction more particularly one in the nature of writ of the Mandamus by declaring the action of the respondents more particularly action of the respondent No'2 is not disposing of the representation of the respondent No.3 (IOCL) dated 04-07-2024' despite reminded by the petitioner herein to do so, asrbeing highly irregular' illegal' unjust' contrary to law andcontrarytoArticlel4,lg&2loflheConstitutionoflndiaandconsequently direct the respondent No.2 to dispose of the request letter of the respondent No.3 dated O4-O7-2024- IANo: 1 0F 2025 c petition under Se 1S.t CpC praying that in the circumstances stated in the affidavit titeO in s d rect the respo nde nt #:"::1"':,lll1 il",ll],i ::;ffi? :: J"n::i; Seva Kendra Dea lersh I::ff*l#;#;::",,;",1 ;J,'.1il T:;:;": .X, T11: Counsel for the petitioner: COUNSEI fOr thE RESPONdENT NO.1 & 2: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER SRI y.BRUNDADHAR RAO ----7/ o THE HON'BLE Szu JUSTICE K. LAKSHMAN WRIT P ETITION No.22595 of 2025 ORDER: Heard learned counsel for petitioner and Sri L Ravinder, learned Assistant Govemment Pleader for Revenue appearing for respondents Nos'1 and 2
2. Petitioner herein is claiming that she is the absolute owner and possessor of land admeasuring Ac'0' 1 I % guntas in Survey No.1431/1i5l2lll2ll situated at Garla Village and Mandal,MahabubabadDistrict,onthestrengthofaregistered sale deed bearing document No'10884 of 2020 dated 28.01 .2018. While the matter stood thus' she has submitted an application to 3'd respondent, Indian Oil Corporation Limited' for allotment of dealership for running MS/HSD Kisan Seva Kendra retail outlet in her favour in the portion of aforesaid land. Thereupon, vide letter dated 08'06'2024' 3'd respondent allotted the dealership to the petitioner for running the said t retail outlet in the subject land' As per the said allotment' the petitioner has to obtain No Objection Cerlificate (NOC) from 2'd respondent, District Collector, Mahabubabad' for running 2 IiL, J lv.P.\o 22595 or2025 ^'l the afbresaid retail outlet in the subject land. However, O 3'd responden[ has addressed a letter dated 04.07.2024 to 2nd respondent with a request to issue NOC to the petitioner. Thereafter, 2nd respondent requested the revenue authorities and others to conduct enquiry and submit a report. .fhereupon, the Tahsildar, Garla, conducted enquiry and submitted a report dated 09.10.2024 to the Revenue Divisional Officer, Mahabubabad, who in tum, submitted a report to 2nd respondent to issue NOC to the petitioner in respect of the subject land. In the meanwhile, 3.d respondent has addressed letters dared 02.10.2024 and 1g.01.2025 to the petitioner stating that if the petitioner fails to submit NOC, they are going to cancel the said allotment. In view of the same, petitioner has also submitted representations dated 24.04.2025 and 30.06.2025 to 2"d respondent with a request to issue NOC in respect ol the subject land for running the retail outlet of 3'd respondent. Despite receiving and acknowledging the letter dated 04.07.2024 of 3d respondent and the representations of the petitioner dated 24.04.2025 and 30.06.2025,2nd respondent did not act upon the same even after receipt of the reports f I 3 kl-. J \\ P \o 22395 o! 2015 t1 submitted UV ti'" authorities concerned recommending fol issuance of NOC to the petitioner to run the retail outlet of 3'd respondent in the sublect land' Therefore' challenging the said action of 2nd respondent, petitioner filed the present Writ Petttton.
3. Learned Assistant Government Pleader for Revenue' on instructions, would submit that 2^d respondent will consider the said facts and the report of the Tahsildar' Garla' and dispose of the request made by 3'd respondent as well as the petitioner for issuance of NOC in respect of the subject land' It is relevant to note that in the letter dated 30'06'2025 4. subrnitted to 2nd respondent' petitioner has mentioned about a suit in O.S.No.2 of 2024 pending on the file of the Court of District Collector, Mahabubabad' in respect of the subject land for running the retail outlet of 3'd respondent by the petitioner' f I However, the said luit is Pending' In the light of the above, 2nd respondent is directed to 5. consider and dispose of the request made by 3'd respondent to issue NOC in respect of the subject land for running MS/HSD -- '1 t 4 I{1. J W.P.1o.22595 oI202s retail outlet by the petitioner, duly taking into account the report of the Tahsildar, Carla, and pendency of the aforesaid suit. If 2"d respondent is not inclined to accept the request made by 3'd respondent and the petitioner, he shall pass appropriate orclers by assigning specific reasons and communicate a copy of the said order to them. However, 2nd respondent shall complete the said exercise within a period of thirty (30) days from the dare of receipt of.copy of this Accordingly, this Writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. SD/. AHMED ABDULLAH KHAN STANT REGISTRAR //TRUE COPYII SECTION OFFICER re nat, Hyderabad, State of
1. The Prl. Secretary, Revenue Department, Sec Telangana.
2. The District Collector, Mahabubabad District, TS 3. The Divisional Retail Head, lndian oil corporation Ltd., warangal Divisionar Office, IOC Ltd., #S-11-503 and 504,4th Ftoor, Kandakatta Clteway, kUb Cross Road, Nayeemnagar, Hanamkonda, TS.
4. One CC to SRI Y.BRUNDADHAR RAO, Advocate tOpUCl 5. Two ccs to GP FoR REVENUE, High court for the Stite of rerangana at 6. Two CD Copies Hyderabad [OUT] \ To, BS LS HIGH COURT DATED:01tOBt2OzS o ORDER WP.No.22595 of 2O2S qo t1 THE .r 2tr,/lM \.rf \...i\ \. ii-I) 1 "_ -_:---,--;?i J -\' .,. _*.._" '-../, -:/- DISPOSING OF THE WRIT PETITION, WITHOUT COSTS o I