Telangana High Court
Sri. Vardhannagari Laxma Reddy vs The State Of Telangana on 25 January, 2024
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.24752 OF 2023
ORDER :(ORAL) This writ petition is filed by the petitioner seeking to declare action of respondents in not mutating his name in the revenue records and not issuing e-pattadar pass books in respect of the land admeasuring Acs.5-00 guntas in Survey Nos.41/AA and 41/AA1, situated at Kondapur Village, Jagdevpur Mandal, Siddipet District, as being illegal, arbitrary and unconstitutional.
2. Heard Mr. R. Chandra Shekar Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, appearing for respondents, and perused the material available on record.
3. It is stated that originally the then Government of Andhra Pradesh allotted Acs.5-00 guntas in Survey No.41, situated at Kondapur Village, Jagdevpur Mandal, Siddipet District, to one Mr. Abdul Razak, who was an ex-serviceman, in the year 1991 vide proceedings No.A/1148/91, dated 23.10.1991. The name of 2 Mr. Abdul Razak was mutated in the revenue records and reflected in the pahanis for the year 1994-95 to 2009-10 in respect of the subject land. It is stated that Mr. Abdul Razak gifted the subject land to his son by name Mohd. Ali under registered gift settlement deed bearing document No.9 of 2011, dated 03.01.2011 who in-turn sold the land admeasuring Acs.2-00 guntas in Survey No.41, to his brother-in-law by name Md. Jahangeer under registered sale deed bearing document No.2494 of 2011, dated 03.06.2011.
4. That on the application of Mr. Abdul Razak to respondent No.2 - the District Collector, Siddipet, for granting No Objection Certificate (NOC) for alienation in respect of the subject land, respondent No.2 directed respondent No.3 - the Tahasildar, Jagdevpur Mandal, to conduct detailed enquiry and to submit the report. Pursuant to the same, enquiry was conducted and respondent No.3 filed a report vide Lr. No.B/1563/2016, dated 09.11.2016, requesting respondent No.2 to issue NOC in favour of Mr. Abdul Razak but respondent No.2 did not issue NOC to Mr. Abdul Razak. It is submitted that the petitioner purchased the 3 land admeasuring Acs.5-00 guntas in Survey Nos.41/AA and 41/AA1, from Mr. Mohd. Jahangeer and Mr. Mohd. Ali under registered sale deed bearing document No.6240 of 2017, dated 21.09.2017. It is further submitted that as per G.O.Ms. No.743 dated 30.04.1963 and G.O.Ms. No.1117 dated 11.11.1993, ex-servicemen are permitted to alienate the assigned land after a period of ten (10) years. In view of the said G.O's and law laid down by this Court in Ande Narsimha Rao vs. State of Andhra Pradesh and ors., (W.P. No.38504 of 2012), NOC is not required if the sale is made by an ex-serviceman ten (10) years after assignment.
5. It is submitted that when the petitioner tried to obtain e- pattadar pass book in respect of the subject land, the respondent authorities are not considering his request. On being advised, the petitioner submitted Dharani application vide Transaction ID No.104666000028019, dated 13.09.2023, for mutating his name in the revenue records and for issuing e-pattadar pass book in respect of the subject land but no action has been taken. The grievance of the petitioner is that there is delay on the part of respondents in not 4 disposing of his application, as such, he is constrained to approach this Court.
6. Learned Assistant Government Pleader for Revenue appearing for respondents submitted that appropriate action will be taken on the Dharani application of the petitioner, in accordance with law.
7. Recording the aforesaid submission, without going into the merits of the case, the writ petition is disposed of directing respondent Nos.2 and 3 to consider petitioner's Dharani application vide Transaction ID No.104666000028019, dated 13.09.2023, for mutating his name in the revenue records and for issuing e-pattadar pass book in respect of the land Acs.5-00 guntas in Survey Nos.41/AA and 41/AA1, situated at Kondapur Village, Jagdevpur Mandal, Siddipet District, by issuing notice to all concerned/interested persons, and pass orders in accordance with law, within a period of forty five (45) days from the date of receipt of a copy of this order. There shall be no order as to costs. 5
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
_______________________ B. VIJAYSEN REDDY, J Date: 25.01.2024 RRK