G MALLAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THESE two writ petitions arise under identical circumstances. Hence, they are disposed of through a common order.

(2.) THE petitioner in WP No. 14000 of 2007 is the owner of the land in Survey no. 296/1 of Gudimalkapur, Hyderabad and the petitioner in W. P. No. 14026 of 2007 owns house bearing No. 5-4-284/2/a of Ranigunj, secunderabad. Both of them intended to construct new buildings. Submission of 'no objection Certificate' issued by the District collector is necessary, when an application seeking permission to construct a building is made to the Municipal Corporation of hyderabad. Therefore, the petitioners made applications to the District Collector, hyderabad, the second respondent in both the writ petitions.

(3.) ON verification of the records, it emerged that in the Town Survey Land records (T. S. L. R.), it was endorsed that the land belongs to the Government. The matter was examined with reference to pre-survey records and it was noticed that the entries made vis-a-vis the properties of the petitioners are erroneous. However, the second respondent issued Memos, dated 22. 6. 2007 and 21. 6. 2007, to the petitioners expressing his inability to issue "no Objection certificate'. The petitioners challenge the same. They contend that at no point of time, the Government had any claim or interest over their properties and even after noticing that there is a survey error in making the entries, the 'no Objection Certificate' was refused.