IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 1756 of 2002 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 24.07.2002 in WP NO : 20510 OF 2001 on the file of the High Court.) Between: The District Collector Hyderabad District Hyderabad ..... APPELLANT AND Smt. V.Kausalya Devi W/o. Late V.Sarvotham Reddy R/o. H.No. 8-2-277/A/7, Road No. 2, Banjara Hills, Hyderabad .....RESPONDENT Counsel for the Appellant:GP FOR REVENUE Counsel for the Respondent No.: MR.W.B.SRINIVAS The Court made the following : ORAL JUDGMENT: (per the Hon’ble Sri Justice Sanjay Kumar) The District Collector, Hyderabad District, who is respondent in the Writ Petition No.20510 of 2001 filed this appeal aggrieved by the order dated 24.7.2002 passed by a learned Single Judge allowing the writ petition. The grievance of the writ petitioner, respondent in this appeal, before the learned Single Judge was with regard to the denial of No Objection Certificate with respect to the property bearing house No.8-2-277/A/7, Road No.2, Banjara Hils, Hyderabad. The case of the writ petitioner was that the said property was purchased by her under registered sale deed in the year 2001 and her vendor purchased the same under sale deed dated 9.11.1979. It appears that the Government of Andhra Pradesh filed Land Grabbing Case No. 33 of 1991 against vendor of the petitioner claiming that the subject land was Government land. However, the said Land Grabbing Case was dismissed. The learned Judge took note of this fact and opined that once the Collector had no power to claim the land as Government land, it is not open to him to deny No Objection Certificate to the petitioner as sought. Accordingly, the learned Judge set aside the impugned Memo dated 18.8.2001 and directed the District Collector to issue No Objection Certificate within the stipulated time. In the light of the aforesaid facts, it is clearly demonstrated that the Government has no legs to stand insofar as the claim that the subject property as Government land is concerned, it is not open to the District Collector, Hyderabad, to deny No Objection Certificate to the petitioner as sought. We, therefore, find no merit in this Writ Appeal. The same is accordingly dismissed. There shall be no order as to costs. ____________________ Justice T.Meena Kumari __________________ Justice Sanjay Kumar July 2, 2009 MAS.