HON'BLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION No.23267 of 2010
ORDER:
This writ petition is filed seeking Writ of Mandamus declaring the Memo No. L.Dis.No.C2/3134/ 2009, dated 16.04.2010 of the 1st respondent herein and also the recommendation vide Rc.No.E/4810/2009, dated 01.04.2010 of the 2nd respondent herein as illegal. arbitrary, unreasonable, contrary to the provisions of the Presidential Order titled as "Scheduled Areas (Part-B, States) Order 1950 " and also A.P. Scheduled Areas (Land Transfer) Regulation and also contrary to the Judgment dated 30.08.2007 of this Court in W.P.No.5124 of 2006 and also in violation of Articles 14, 19, 21 and 300-A of the Constitution of India.
2. Heard, Sri M. Kiran Reddy, learned counsel for the petitioner and learned Government Pleader for Civil Supplies appearing on behalf of the respondent Nos.1 and 2.
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3. The petitioner made an application to the respondent No.1 for issuance of No objection Certificate (N.O.C.) for I.O.C. Dealership at H.No.8-2-145 in Plot Nos.60/A, 60/B in S.No.665 situated at Gattaigudem of Paloncha Village and Mandal, Khammam District, in 399 Square Yards and the same was rejected by the respondent No.1 vide Memo No. Ldis.C2/3134/2009, dated 16.04.2010 on the ground that the subject property situated in the Scheduled Area as per the Registered Lease Deed bearing No.6193/2009 executed by S. Ramkoteshwara Rao on 12.11.2009 and the same is in clear violation of the provisions of A.P. Scheduled Areas (Land Transfer) Regulation, 1/1959 as amended by Regulation 1/1970.
4. Learned Government Pleader for Civil Supplies basing upon the written instructions submitted that the subject property is covered with the houses and cause in the writ petition does not survive.
5. Admittedly, the petitioner filed the present Writ Petition seeking permission for grant of No Objection 3 Certificate (N.O.C.) for I.O.C. Dealership in the subject land, but as on today the subject land is not vacant and already houses are constructed. In view of the same, the cause in the writ petition does not survive.
6. Accordingly, the writ petition is dismissed. No costs.
As a sequel thereto, miscellaneous applications, if any, pending in this writ petition, shall stands closed.
_____________________________ JUSTICE J. SREENIVAS RAO 10th April, 2023 GV/TU 4 HON'BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.23267 of 2010 10th April, 2023 GV/TU