High Court · 2025

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated rn 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 Mandamus declaring the action of the respondents in not issuing NOC with regard to the land of an extent of 10 Gts. located in Sy. No. 276 and also Ac.4.03 Gts. located in Sy. No.411 of Mojerla Village, Pedda Mandadi Mandal, Wanaparthy District, for selling, as illegal, arbitrary, unconstitutional, unwarranted and contrary to law and ditect the respondents to issue NOC immediately with regard to the aforesaid land of an extent of 10 Gts. located in Sy. No. 276 and also Ac.4.03 Gts. locate( Mandar, wanaparthy o,.,,.,'",'?",tJ", [ :;J,J.,"jerra I.A.N :1 OF 2018 o Virase, pedda Mandadi petition Under Sect ::J ; iJ.li"{:n:l ffi ;}::1"j.:":.:;:rT:: jl#Tj; Mandad i Mandar, wanapa rthy H j ff :.::*.Jffi :ittF: :, I X;' :""il ffi ffi: ":: ,::xj::,t;:llT* t District, pendins disposa r "l,li Counsel for the petitioner : SRI T.RAJENDRA PRASAD Counsel for the Respondents : Gp FOR ASSIGNMENT The Court made the foltowing ORDER ff:]| THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.2 1935 0F 2018 ORDER: Heard karned Counsel for the petitioner, learned Assistart Government pleader for Assignment appearing for the respondents and perused the materia.l on record. 2. The contention of the petitioner is that the petitioner is an Ex-seryiceman and retired as Sawar (Soldier) on 30.06. i9BS. After retirement, the Government assigned land to an extent of Ac.O_10 guntas 1n Sy.No.276 and an extent of Ac.4_30 guntas in Sy.No.41 1 situated as Mojerla Village, pedda Mandadi Mandal by issuing proceedings No.B/523/199 1, dated 16.O7.1991. As per G.O.Ms.No.1117, Revenue (Assignment-l) Department, dated 1 1.11.1993, the Ex-servicemen are free to sell away their assigned land after a period of 10 years. In the year, 2006 tne Government acquired the lald of the petitioner to al 3 st(.J w.P.No.2 t 93s of 20i8 respondents to issue NOC immediately for the suit schedule propert5z.

3. The contention of the respondents is that initia_lly the proposal for granting Noc was examined a,,d granted by the then District Collector in proceedings No.El/2940/2016, dated 01.08.2018 in accordance with G.O.Ms.No.3O7, Revenue (Assignment_l) Department dated 06.06.2013 . As per G.O.Ms.No.3O7, Revenue (Assignment-l) Department dated 06.06.2O 13,the District Collector is competent to issue .NOCs,for the lands where market value less than Rs.SO,OO,OOO/_ (Rupees Fifty Lakhs only). The market vaiue sha_ll be fixed based on the prevailing market value as arrived at by conducting local enquiry by the Tahsildar/RDO/Joint concerned. The market value thus hxed sha_ll not be less than the basic va.lue of the registration Department. The Tahsildar reported the prevailing market varue of the subject lald is Rs.5o,oo,ooo/- per acre as it is abutting Collector F= 4 SK,J W.P.No.21935 of 2018 to the NH-44' Since the la:rd value is more than Rs.2,5O,OO,OOO/- (Rupees Two Crores Fifty Thousand only). The District Collector has submitted the proposals to the Chief Commissroner of Land Administration O1.O2.2025 vide Reference (CCLA), HYderabad No.El29aO12016, to accord permission to grant NOC to the Petitioner herein and it is under Process Once the orders are obtained from the CCLA' the respondents wili consider the same' 4. The learned counsel for the petitioner placed on recordtheletterofSub-Registrar,Wanaparthydated O8.O4.2O25 in Lr'No'MV 12025 which states that as per the Market Value guidelines register as on 01'04'2001' thebasicvalueforagriculturaldrylandinSy.Nos.2T6, 4lll3gAl 1 is Rs'1'OO'OOO/- per acre and the basic value for agricultural dry land abutting NHISHIZPP/MPP in Sy.Nos.276, 4tr /39Alt 1S Rs.4,OO,OOO l- Per acre' 1n reply to the contention of the respondents' the market 5 SI(,J W.P.No.21935 of 2O18 value of the property was Rs.SO,OO,OOO/: per acre. It clearly shows that the ma_rket value of the suit schedule properly taking into account of the higher side, Rs.4,OO,OOO /- per acre total extent of ttre land of ttre petitioner is Ac.4- l3 guntas. It comes below Rs.20,00,O00/-. In view of the sarne, as per G.O.Ms.No.3O7, Revenue (Assignment_l) Department dated 06.06.2013, the respondent No.2 is competent authorit5r to grant NOC and there is no basis for stating that the market value of the suit schedule property is Rs.50,00,00O/- per acre as arrived by the respondents. In the counter also, the respondents have no where mentioned that on what basis the respondents came to a conclusion that the property va_lue exceeds Rs.50,00,000/- per acre. In view of the same, the respondent No.2 without reference to the letter in Reference No.E / 2940 /20 1 6, dated o r .o2.2o2s addressed to the CCLA, Hyderabad has to implement the NOC \ I I 6 sK"'r W.P.N,.21935 of 201B proceedings vide No.E1l2940 l2016' dated 01'08'2018 for disposal of the suit schedule property by the petitioner. S.Inviewoftheabovefind'ings'thewritpetitionis allowed by directing the respondent No'2 to issue NOC with regard to the land to an extent of Ac'O-10 guntas in Sy.No.276 and an extent of Ac'4-3O guntas in Sy'No'411 situated as Mojerla Village, Pedda Mandadi Mandal in consideration of the orders in proceedings vide No.E1l2940 l2016, dated O1'08'2018 issued by the respondent No.2, within eight (8) weeks from the date of receipt of copy of this order' There shall be no order as to costs. 6 Miscellaneous petitions, if any' pending shall stand closed. //TRUE COPY// SD/-MOHD. ISMAIL D UTY REGISTRAR SECTION OFFICER I ariat, State of '1. The Principal Secretary, Revenue Department, S Telangana at Hyderabad Z. fne O''sirict Coliector, Coilectorate, Wanaparthy, Near R.T.C. Bus Stand, Wanaparthy District, State of Telangana at Hyderabad.

3. The Revenle Divisional Officer,, W-naparthy, Office of R.D.O., Near R.T.C. State of Telanqana at Hyderabad. Bus Stand, Wanaparthy District, State of Telangana at Hyderabad. 4. The Tahsildar, Pedda Mandadi Village and Mandal, Wanaparthy District, s iwo-c-cs to-cF ron ASstGNMENT, High court for the state of Telangana at 6 O'ne CC to sRl T.IRAJENDRA PRASAD, Advocate [oPUC] 7. Two CD Copies Hvderabad. [OUTI . ,l;. *-,.-alt&;, To $ SA ao 1HE S14 r4- 21,tutl 6 ( (, ? o o t t D",rC HIGH COURT DATED:25 tO4t2O2S ORDER WP.No.21935 of 2O1B ALLOWING THE W.P WITHOUT COSTS. @tttu %'t"