THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

ORDER

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…..to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representations for grant of No Objection Certificate with construction permission for construction of Pacca Houses in Plot Nos.5,6,7 of Zone No.1 and plot Nos.10,11,12,14,9 of Zone No.II, all plots situated in Sy.No.38 of Singareni village and Mandal, Khammam District, as illegal, null void, arbitrary and consequently direct the respondents to issue No Objection Certificate with grant of Construction Permission, permitting the petitioners for construction of Pacca Houses in the subject Plots along with Panchanama with fixed boundaries by Mandal Surveyor and to pass such other order or orders…”

2. Brief facts of the case are that petitioners are the owners and possessors in respect of lands located at plot Nos.5, 6 ,7 of Zone No.I and Plot Nos.10, 11, 12, 14, 9 Zone-II, both situated in Sy.No.38 of Singareni Village and Mandal, Khammam District. The petitioners have applied for issuance of “ownership certificate” by paying the requisite fee to respondent No.4. However, respondent No.4 neither issued “No Objection Certificate” nor given any response for the petitioners’ representation. Hence, the present writ petition.

3. Heard Sri G. Ravi Chandra Shekar, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 4.

Perused the material available on record.

4. Learned counsel for the petitioners submits that the requisite fee for issuance of “ownership certificate” was paid under Rc.No.B/138/2004 on 30.03.2004, and respondent No.4, the Tahsildar, accepted the payment and made an entry in the office cash book (Serial-I, Page No. 64). Since the date of purchase, the petitioners have been living in a thatched house thereon, which has now become dilapidated. The petitioners are currently residing in rented accommodation. To build Pucca houses, they applied to respondent No.5/Gram Panchayat, Singareni Village. Respondent No.5 then issued Memo No.11/GPS/08 dated 29.07.2008, directing them to obtain “No Objection Certificate” from respondent No.4 and a panchnama by the Mandal Surveyor. Although the Surveyor had already submitted the plan to respondent No.4, respondent Nos. 2, 3 and 4 neither issued the certificate nor responded to the petitioners’ representations.

4.1. In response to the petitioners’ representation dated 23.07.2019, respondent No.2 issued proceedings vide R.C. No.A4/GOVT/0009/2019 dated 02.09.2019, directing respondent No.4 to consider representations of the petitioners and pass appropriate orders as per rules. Despite the said direction, respondent No.4 has not taken any action. Hence, the petitioners seek to pass appropriate orders on their representations.

5. Learned Assistant Government Pleader submits that for issuance of NOC the authorities must follow the rules. He further submits that the petitioners’ case was sent by respondent No.2 vide R.C.No.A4/Govt/0009/2019 (dated

02.09.2019) and the same is being looked into. However, due to COVID-19 restrictions, inspite of lapse of lot of time, nothing could be done by respondent No.4. He, therefore, submits that a direction may be given to the petitioners to make a detailed representation to respondent No.4 afresh, along with the necessary documents to establish their case, who in turn shall forward the same for consideration by the respondent No.2 and to pass appropriate orders in accordance with law.

6. In these circumstances, after hearing learned counsel for the petitioners and the Assistant Government Pleader, and upon perusal of the material available on record, without expressing any opinion on the merits or demerits of the case of the petitioners, this Court deems it appropri