HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.21150 of 2010 Date: August 30, 2010 Between: Mohd. Hafeez, S/o.Mohd. Khursheed Ali, Aged about 42 years, Occ: Ex-Serviceman & Agriculture, R/o.H.No.3-2-32, Kumargalli, Tandur, Ranga Reddy District … Petitioner And The District Collector, Ranga Reddy District, Lakdikapul, Hyderabad, and 2 others … Respondents Order: This writ petition is filed seeking Mandamus declaring the action of the respondents in not granting ‘No-Objection Certificate’ (NOC) to the petitioner in respect of the land admeasuring Ac.5.00 guntas, situated in Sy.No.15/2, Malkapur village, Tandur Mandal, Ranga Reddy District, as illegal and arbitrary. In the affidavit filed in support of the writ petition, it is stated that the petitioner is an Ex-Serviceman, having worked in the Indian Army for about 17 years. As per the policy notified by the Government, he was assigned an extent of Ac.5.00 guntas of land situated in Sy.No.15/2, Malkapur village, Tandur Mandal, Ranga Reddy District, vide patta certificate No.B/4000/96, dated 22-03-1997 and was also handed over possession of the said land vide panchanama dated 19-05-1997. It is the case of the petitioner that in view of expiry of ten years from the date of assignment of the said land in his favour and by virtue of G.O.Ms.No.1117 Rev. (Assignment-I) Dept., dated 11-11-1993, he has become the owner of the said land and hence he is free to sell the said land therefore, he made an application dated 09-11-2009 before the third respondent, Tahsildar, Tandur Mandal, Ranga Reddy District, for issue of NOC in his favour in respect of the land in question, which was received by the third respondent and forwarded to the second respondent- Sub-Collector, Vikarabad Division, Vikarabad, Ranga Reddy District, vide letter dated 05-12- 2009, which in turn was forwarded to the first respondent- District Collector, Ranga Reddy. It is the grievance of the petitioner that in spite of making several representations, his request for grant of NOC in his favour is not being considered. The petitioner has placed on record a copy of the letter dated 05-12-2009, vide Lr.No.B/129/2007, addressed by the third respondent-Tahsildar to the second respondent-Sub-Collector, Vikarabad Division, Ranga Reddy District. In the said letter, it is stated that after assignment is made to the petitioner over the subject land, a supplementary sethwar has also been issued by the Assistant Director of Survey and Land Records, Ranga Reddy District, vide Ref.No.G12/1026/1997,K3/512/1998, PC/96/1998. It is further stated therein that as per the orders issued in G.O.Ms.No.1117, dated 11-11-1993, it is mentioned that Ex-Servicemen are free to sell away their lands after a period of ten years from the date of assignment. Pursuant thereto, the second respondent, in turn, while enclosing a copy of the third respondent’s letter dated 05-12-2009, addressed letter dated 31-12-2009 to the first respondent- District Collector recommending for grant of NOC to the petitioner. On the last occasion, the matter was adjourned so as to enable the learned Govt. Pleader to obtain necessary instructions. On instructions, it is submitted by the learned Govt. Pleader that the matter is pending before the first respondent-District Collector and it is found the petitioner is not in possession of the subject land. But, from a perusal of the letter dated 05-12-2009 addressed by the third respondent-Tahsildar, to the second respondent-Sub-Collector, there is no observation with regard to the possession of the petitioner of the subject land. In any event, as the assignment of the said land to the petitioner in the category of Ex-Serviceman is not in dispute and in view of the letter dated 05-12-2009 of the third respondent, the matter is to be looked into by the first respondent-District Collector. Having regard to the facts and circumstances of the case, I dispose of the writ petition directing the first respondent- District Collector to consider the claim of the petitioner for grant of NOC with regard to the subject land and pass appropriate orders as expeditiously as possible, preferably within six weeks from today by taking into consideration the letters of the third respondent dated 05- 12-2009 and the second respondent dated 31-12-2009. No order as to costs. ___________________ (R. SUBHASH REDDY, J) August 30, 2010 MRR