Telangana High Court
WP/28914/2025 of Mr. Rajesh Pokerna Vs The State of Telangana on 23 September 2025
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF SEPTETVIBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 28914 OF 2025 Between: tr,4r. Rajesh Pokerna, Sio. Shri. B. K.
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY THIRD DAY OF SEPTETVIBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION NO: 28914 OF 2025
Between:
tr,4r. Rajesh Pokerna, Sio. Shri. B. K. Pokerna, Aged about 60 years, _Occ ; Business, Fyo. H.No.3-4-56. Lingampally Road, Kachiguda, Hyderabad - 500027.
.....PETITIONER
AND
1. The State of Telangana, Represented by its Principal Secretary, Revenue Department, Office at Secretariat, Hyderabad.
2. fhe District Collector, Sangareddy District.
3. The Revenue Divisional Officer, Sanga Reddy Division, Habeeb Nagar, Sanga Reddy, Sangareddy District.
4. The Tahsildar, Ramachandrapuram [Vlandal, Sangareddy District.
....RESPONDENTS
Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of lt4andamus - declaring the inaction of the Respondent No.2, in granting NOC in respect of the writ Petitioners land admeasuring Ac.3-00 Gts bearing Patta/Plot No.5. forming part of Sy.No.191 of Kollur Village. Ramachandrapuram [\ilandal'
Sanga Reddy District. for removal from the list of prohibited properties, which is assigned under the ex-serviceman quota vide Proceeding No. A1511124171
DI.17lo5l1S72 issued by the 4th Respondent, as illegal, arbitrary and unconstitutiona I and such inaction is in violation of G.O.Ms. No-743, Revenue (B)
Department Dt.3O/04/'1963 and G.O.t\/s.No.1117 Revenue (Assn-l) Department.
Dt.1111111993.
/'
I.A.NO:1 OF 2025
Petition Unde' Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition the High Courl may be pk>ased to direct the 2nd Rer;pondent to consider the Writ Petitioners Reprer;entation Dt.0710712025 seeking the grant of NOC for alienation of the land admeasuring Ac.3-00Gts bearing Patta/Plot No.5, forming part of Sy.No.'1 91 of Kollur Village, Ramachand rapuram l\r1andal, Sanga Reddy District; which is assigned under the ex-serviceman quota vide Proceeding No. A/5/1 124171 Dt.17lo5l1972 is,sued by the 4th Respondent. in the interest of justice, pending disposal of the atrove writ petition.
Counsel for the Petitioner : M/s. UNNAM LAW FIRM
Counsel for the Respondents : AGP FOR ASSIGNMENT
The Court made the following ORDER
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.f[IE HONOURABLE SRI JUSTICE I( LAKSIIMAN
WRIT PETITION No.28914 of 2025
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ORAL ORDER:
Heard learned counsel for the petitioner and learned Assistant Govcrntnent Pleader fbr Assignrnent appcarlng for the respondents.
2. According to the learned counsel, petitioner and five (05) others have purchascd land admcasuring Ac.3-00 gts in Sy'No 19l, situated at Koltur Vitlage, Ramachandrapuram Mandal, Sangareddy District undcr a registered sale deed bearing document No.1824 of 1994 clated 26.05.1994, executed by Sri V. Amrutha Ilao and other, who are Ex-serviceman. Petitioner has submitted a representation dated 07.07.2025 to resporrdent No.5, with a request to issue NOC. Despite receiving and acknowledging the said representation, respondent No.2 did not act upon the same' Aggrievecl by the said inaction of lespondent No.2, petitioner filed the present writ petition.
3. Petitioner is claiming bene flt undcr G.O.Ms'No' l I 17 dated 11.11.1993 and G.O.Ms.No.743 dated 30.04. 1963' Vide, the aforesaid G.O's, t}eedorn fighters/Ex-serviceman are entitled to I
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alienate tJre properly alter complction of 10 years of assignment. Respondent No.2 has to consider the said aspect and dispose of the representztion dated 01 .07.2025, submittcd by tl.re petiLioner scekin-e issuance of NOC in rcspect of subjcct property.
4. Perusal of the record rvould reveal that petitioner and others are claiming right over the afbrcsaid property under the afot.esaid sale det:d, they have obtaincd old pattadar passb(loks. They have not oblaincd latest pattadar passbooks. Hou,ever, it is lcr the responclent No.2 to consider thc said aspccts
5. It is also submitted by lcarned counsel for the petitioner.that the subje:t prope(y is mentioned in the tis{. of prohrbited propcrties. petitioncr herein has to submit onlinc application to delete the subject property from the list ol prohibited prope r1ies. Hor,r,cver, he has not filed copy of the same and hc is not secking a direction t,l consider the said online application. -fherefore, tiberty is granted to petitioner to pursue the said online application :nd it is for respondent No.2 to consider the same. l{e is at libcrlv t,t filc a writ petition seeking dircctior-r to respondent No.2 to considc,r the said online application. .i: , l '
6. In the light ol thc same, this writ petition is disposed of, directinc respondcnt No.?, to consider the represetrtation datcd 07.01 .2025, submittcd by the petitioner seeking issuance of NOC in respect of subject prope(y and also considel the afbresaid G.O's, old pattadar passbook tited by the petitioner and dispose of the said application strictly in accordance with, by putting thc petitioner on notice and af-fording him an opporlunity. If, respondent No.2 is not inclined to accept the request made by the petitioner, he shall pass a reasoned orcler, communicate copy of the said order to the petitioner. He shall complete the said exercise within 60 working days liom the date of receipt of copy of this order. Tl-rele shall be no order as to costs. As a sequel, miscellancous pctitions pending, il any, shall stand closed. SD/- C. DEEPIKA S ISTANT REGISTRAR //TRUE COPY// SECTION OFFlCER
1. The Principal Secretary, Revenue Department, e at Secretariat, State of To Telangana at HYderabad.
2. The District Coliector, Sangareddy District.
5. fh" Revenue Divisional Ofricer, Sanga Reddy Division, Habeeb Nagar' Sanga ReddY, SangareddY District. +. inetif,sif Aar, Ramiacfranlt rapuram Mandal, Sangareddy District'
s. rwo c-cs to op FoR REVENUE, High court for the State of Telangana at Hyderabad. [OUTI
6. Ohe CC to w/s. ui\NAM LAW FIRI\,'I, Advocate [oPUC]
7. Two CD CoPies SA GJP
HIGH COURT DATED:2310912025
ORDER
WP.No.28914 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. e il. / i)' 1A uT ,lpc lt, w Lu' r',: l. ./,. I