IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 21523 of 2014 BETWEEN J.Rama Rao ... PETITIONER AND The District Collector, Visakhapatnam and others ...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioner is aggrieved by the non-consideration of his representation, Ex.P1, which was acknowledged by the office of respondent No.1 on 10.02.2014, seeking no objection to alienate the land assigned to him as ex- serviceman. Petitioner states that Ac.4-50 cents of dry land in Survey No.314 part, new survey No.371/1 at Kapuluppada Village, Bheemunipatnam, Visakhapatnam District, was allotted to him in the capacity as ex-serviceman on account of petitioner having served in the Indo-Pak war in the year 1971-72 and the Indian Army for 15 years. The allotment is stated to have been made vide proceedings in Rc.No.149/81.B3, dated 03.03.1981 and D-Form patta is also stated to have been issued to the petitioner on 05.07.1981. Petitioner also claims that he has been granted pattadar passbooks and title deeds bearing No.C262814. It is stated that on account of the financial crisis due to old age and ill-health, petitioner seeks to alienate the said land and hence, sought no objection from the Collector under the representation aforesaid. Alleging that no action is taken on the said representation, the present writ petition is filed.
3. Learned counsel for the petitioner states that since ten years period has long expired, there is no impediment in considering and granting no objection certificate. Learned Government Pleader has received instructions, which however speak about the merits of the contentions of the petitioner.
4. The application of the petitioner, however, appears to be still pending with respondent No.1 without passing any orders.
5. In view of that, therefore, it is just and appropriate to dispose of the writ petition with a direction to respondent No.1 to consider the petitioner’s aforesaid application, in accordance with law, and then pass appropriate orders thereon expeditiously preferably within four weeks from the date of receipt of a copy of this order.
As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J August 25, 2014 LMV