IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 18018 of 2008 Between: 1 B.Prabhakar Sharma S/o.Late Venkateswarlu R/o.H.No.1-62, Balanagar Village & Mandal, Mahabubnagar District. 2 B.Sudhakar Sharma S/o.Late Venkateswarlu R/o.H.No.1-62, Balanagar Village & Mandal, Mahabubnagar District. 3 B.Ramulu S/o.Late Venkatachalam Joshi R/o. Ippaipally Village, Kulkacharla Mandal, Ranga Reddy District. ..... PETITIONERS AND 1 District Collector, Mahabubnagar. 2 The Sub-Registrar, Jedcherla, Jedcharla Mandal, Mahabubnagar District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction declaring the action of the 1st respondent in not issuing "No Objection Certiﬁcate" to register the sale deed of the Petitioners consequently declare the action of the 2nd respondent in not registering the sale deed of the petitioner in respect of the land admeasuring Ac. 4.00 in Sy.No. 89/2, Balanagar Village and Mandal, Mahabubnagar District as illegal, arbitrary and non-application of mind. Counsel for the Petitioners:SMT.G.JYOTHI KIRAN Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition has been ﬁled by the petitioners seeking a writ of Mandamus to declare the action of the 1st respondent-District Collector, Mahaboobnagar District, in not issuing “No Objection Certiﬁcate” to register their sale deed and consequently to declare the action of the 2nd respondent-Sub-Registrar, Jedcherla, Mahaboobnagar District, in not registering their sale deed in respect of the land admeasuring Ac.4.00 in Sy.No.89/2, Balanagar village and Mandal, Mahaboobnagar District as arbitrary and illegal. The petitioners claim to be the absolute owners and possessors of an extent of Ac.5.00 of land in Sy.No.89/2, Balanagar Village, which was assigned in favour of their forefathers and their names were also entered in the revenue records. In the year 1992, they sold an extent of Ac.1.00 in the said survey number to one M.Bala Raj and his name was recorded as owner and possessor in the Revenue records to that extent. Subsequently, the petitioners sold the remaining extent of land i.e., Ac.4.00 to one M.A.Kareem and received the sale consideration Thereafter, the petitioners ﬁled an application, dated 22.07.2007, to the 1st respondent to furnish “No Objection Certiﬁcate” for registration of the sale deed of the said land in favour of M.A.Kareem. Pursuant to the said application, the 1st respondent called for the reports from the Tahsildar, Balanagar Mandal, and also the Revenue Divisional Oﬃcer, Mahabubnagar, who in turn furnished reports clarifying that the said land was assigned to the forefathers of the petitioners prior to 1958, under the provisions of Laoni Rules, 1950, and there was no condition of non-alienation in the assignments made prior to 1958 and mutations were also taken place in the Revenue records. Further, the RDO, Mahabubnagar recommended the 1 st respondent to issue “No Objection Certificate”. The grievance of the petitioners is that in spite of receipt of positive reports and recommendations from the Tahsildar and the Revenue Divisional Oﬃcer, the 1 st respondent has not disposed of their application, dated 22.07.2007. Hence, this writ petition. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue, and at their request, the writ petition is taken up for disposal at the admission stage itself. Admittedly, the 1st respondent, on receiving the application, dated 22.07.2007, from the petitioners, called for the reports from the Tahsildar and the Revenue Divisional Oﬃcer with regard to consideration of the petitioners’ application, and, in turn, the Tahsildar and Revenue Divisional Oﬃcer also sent reports to that eﬀect. Therefore, without going into the merits of the matter, the 1st respondent – District Collector, Mahabubnagar is directed to dispose of the application, dated 22.07.2007, submitted by the petitioners in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No costs. _______________ N.V.RAMANA,J DT.19.8.2008 Msv/v v