M. Hanumantha Rao, Khammam Dist vs Dist Collector, Khammam Dist ...
2023 Latest Caselaw 1557 Tel

         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.

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

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

HON'BLE SRI JUSTICE J. SREENIVAS RAO

WRIT PETITION No.23267 of 2010

10th April, 2023

GV/TU