IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32264 of 2014 Between:
Syed Rahman, S/o.Syed Ismail, Aged 59 years, Occ: Retd. Employee, R/o. D.No.36/88, Sanjeevanagar Colony, Rayachoti Town, Kadapa District & 4 others .. Petitioners AND Sub-Registrar, Rayachoti, Kadapa District & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32264 of 2014 ORDER:
The petitioners claim to be the owners of small extents of land in Survey No.796 of Rayachoti Revenue Village in Rayachoti Mandal of Kadapa District. On this land, the revenue authorities have classified as Government land and prohibited from alienation. Aggrieved by such classification, one of the property holders in the same survey number represented to the Revenue Divisional Officer, Kadapa, Kadapa District (3rd respondent) to verify the revenue records and to furnish the No Objection Certificate. The Revenue Divisional Officer called for a report from the Tahsildar, Rayachoti Mandal, Kadapa District (4th respondent). The Tahsildar in his proceedings vide Ref.No.B/422/2012, dated 30.09.2012, submitted his report to the Revenue Divisional Officer with reference to consideration for issuance of No Objection Certificate.
2. Earlier Sri Palagiri Moula Sab instituted W.P.No.22362 of 2014 contending that in spite of the request made for issuance of No Objection Certificate as early as in the year 2011 and in spite of submission of a report by the Tahsildar on 30.09.2012, no further action was taken by the Revenue Divisional Officer.
3. Having regard to the said submissions, the Writ Petition was disposed of by order, dated 06.08.2014, directing the Revenue Divisional Officer, Kadapa, Kadapa District to pass appropriate orders on the request made by the petitioner on 21.11.2011 regarding issuance of No Objection Certificate duly taking into consideration the report of the Tahsildar, Rayachoti Mandal, Kadapa District, dated 30.09.2012. It was further ordered that if the petitioner is entitled for issuance of No Objection Certificate, the same should be issued within a period of two (2) weeks.
4. Learned counsel for the petitioners submits that the petitioners are similarly situated to the petitioner in W.P.No.22362 of 2014 and the petitioners are also entitled to the same relief.
5. However, so far, the petitioners have not applied for issuance of No Objection Certificate.
6. Hence, liberty is granted to the petitioners to apply to the Revenue Divisional Officer, Kadapa, Kadapa District (3rd respondent) to submit a representation for grant of No Objection Certificate relying on the report of the Tahsildar, Rayachoti Mandal, Kadapa District (4th respondent), dated 30.09.2012. As and when such a representation is received, the Revenue Divisional Officer shall consider the said request of the petitioners for grant of No Objection Certificates duly taking into consideration the report of the Tahsildar, Rayachoti Mandal, Kadapa District, dated 30.09.2012. If the petitioners are entitled for issuance of No Objection Certificates, such certificates be issued within a period of two (2) weeks from the date of receipt of the representation from the petitioners.
7. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO, J Date: 28th October, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32264 of 2014 Date: 28th October, 2014 KL