The High Court · 2025

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(s) essentially in the nature of writ of Mandamus, declaring the inaction of the respondent No.2 in considering the petitioners representation dated 1210912024 and passing appropriate orders issuing No Ob,jection Certificate for alienation of land bearing Sy No.22311 , admeasuring an extent of Ac. 5.00 gts, situated in Hindupur Village, Krishna Mandal, Narayanpet District as illegal, arbitrary resulting in violation of Article 14 and 21 of the Constitution of lndia and consequently direct the respondent No.2 to issue NOC for alienation of the land in Sy No.223l1 , admeasuring an extent of Ac. 5.00 gts, situated in Hindupur Village, Krishna Mandal, Narayanpet District lA NO: 1 OF 20:21 petition under Section 151 CPC praying that in the circumstances stated in the affidavit liled in support of the petition, the High Court may be pleased to grant interim direction to the respondent No.2 to consider petitioner's representation dated 12.Og.2024 and passing appropriate orders issuing No Objection Certi':icate for alienation of land bearing Sy No.223l1, admeasuring an extent of Ac. S.00 gts, situated in Hindupur Village, Krishna [/andal, Narayanpet District forthwitlt Counsel for the Petitioner: SRl. KARNAM RAMESH Counsel for ther Respondents: Smt. SNEHITA, AGP FOR ASSIGNMENT The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.53 of 2O2S Date: LA.L2.2A'i.S Between: Anshumati Chitgopkar And Petitioner The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad Telangana State and three others ORDER: Respondents This Writ Petition is filed praying this Court to declare the action of respondent No.2 in not considering the petitioner's representation, dated 12.09.2024, seeking to issue 'No Objection Certihcate' (NOC) for alienation of the land admeasuiing Acs.S.OO guntas in Sy.No.223/1, situated at Hindupur Village, Krishna Mandal, Narayanpet District (hereinafter referred to as "the subject land"), as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of tndia and consequently, prayed for other appropriate reliefs. r "^Q^ 2 EVV, J Wp_(3_2025

2. Hrlard Sri Karnam Ramesh, learned counsel for the petitioner and Snrt. Snehita, learned Assistant Government pleader for Assignn:ent appearing f<.rr the respondents and with their consent, this v.rrit Petition is being taken up for disposal at the admission stage.

3. Learned counsel for the petitioner would submit that, as the petitioner's husband by name Shri Dattatreya chitgopakar was retired ers Joint Director of Indian N.,.y, he was assigned the subject land under Ex-Servicemen quota uid"e proceedings No.D.Dis .BS /6421 1972, dated 2z .os.L972 and since then, he has been in cossession and enjoyment of the said land and has also been rai:;ing various crops. Learned counsel for the petitioner would fuLrther submit that, the year 2014, the petitioner,s husband suffered from Parkinson and he had undergone treatment for almo:;t 4 to 5 years and during thaL period, they have incurred lot of expenditure towards treatment by borrowing money from the friends and wellwishers and therefore, the petitioner,s husband made an application, dated 27.o8.2o24 before respondent Nos.2 and 3 to issue 'NOC' for sale of the subject land and acting on the said application, a report was called for from respondent No.4, who, in tu.rn, had submitted a report uid.e Lr.No.B/L9 /2015, dated n-rl 3 EW, J Wp_63_2025

08.02.2016 to respondent No.2. Pending issuance of NOC, the husband of the petitioner died on 11.08.2017 while undergoing treatment and the petitioner had succeeded to the subject land, pattadar passbook and title deeds were also issued in her favour. Learned counsel for the petitioner would further submit that the loans obtained by the petitioner's husband remained unpaid due to lack of suflicient funds and the petitioner has also been undergoing treatment for her partial paralysis neuropathy. Therefore, she made a representation, dated 12.09.2024 to issue NOC by making reference of the application made by her husband and also referring the earlier correspondence between respondent No.4 and respondent Nos.2 and 3 and since no action is taken, the present writ petition is filed.

4. On the other hand, basing on the instructions furnished by the Tahsildar, Krishna Mandal, learned Assistant Government Pleader for Assignment',vould submit that the land admeasuring Acs.5.00 guntas in Sy.No.223ll of Hindupur Village was assigned to Sri Dattatreya, S/o. Krishnaji under Ex-Servicemen quota but it has come to the knowledge of respondent No.4 that the subject \ land is covered by residential houses and colonies by name Vasunagar and Maruthi Nagar and roads were also laid to the said { I 4 EVV, J Wp_63 2025 colonies and if the petitioner is satisfied with the said aspects, her representation would be considered and necessary orders would be passed by respondent No.2.

5. Hrrving heard the learned counsel for the petitioner; learned Assistar:t Government Pleader for Assignment and on perllsal and examina.tion of the material on record, this Court, without making any obsr:rvations on the merits and demerits of the case, deems it appropriate to direct respondent No.2 to examine and consider the representation, dated 12.09.2024 submitted by the petitioner in terms of G.O.Ms.No.279, dated 04.O7.2016 and after granting an opportunity of hearing to all the concerned, shalt pass orders strictly in accordance with law as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order.

6. Ac,:ordingly, this Writ Petition is disposed of. There shall be no order as to costs. Mir;cellaneous petitions, if any pending in this Writ petition, shall stand closed _ L- SD/.A.H.S. GOWRI SHANKAR REGISTRAR //TRUE COPY// SECTION OFFICER \ To, IJ Hb, ;F{-r-*'-"-*-

1. The Princi p€l. Secretary, Revenue Department, Secretariat Buildings, Telanqana State.

2. The District Collector, Narayanpet District. 3. The Revenue Divisional Officer, Narayanpet Division, Narayanpet District. 4. The Tahsildar, Krishna Mandal, Narayanpet District. 5. One CC to SRl. KARNAM RAMESH, Advocate [OPUC] 6. Two CCs to GP FOR ASSIGNMENT ,High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies \xBM ? f, I SiAT6 C' 0 5 rtB ?$?B .;Y : -.- "-ji- HIGH COURT DATED i1'011212025 \ ORDER WP.No.631 of 2025 DISPOSING OF THE WRIT PETITION WITHOUTCOSTS