IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22357 of 2014 Between:
Akuleti Rama Krishna, S/o. Jayaramulu, Age:
Occ: Ex-Serviceman, R/o. Anantapuram Rural, Anantapuram, Anantapuram District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22357 of 2014 ORDER:
The petitioner was an ex-serviceman. He was allotted land to an extent of Ac. 5.04 cents in Survey Nos.4-6, 4-7A/1, 4-7A/2, 4-7B, 4-8A and 4-8B of Anantapuram Rural Village and Mandal, Anantapuram District, vide DAR Dis.No.18/1410, dated 18.04.2002. The petitioner claims to be in possession and enjoyment of the said property. He was also issued pattadar passbooks, title deeds and adangals. With an intention to dispose of the property, the petitioner has applied to the District Collector, Anantapuram, Anantapuram District (2nd respondent) for issuance of No Objection Certificate as required vide orders of the Government in G.O.Ms.No.307, Revenue (Assignments.I) Department, dated 06.06.2013. As evident from the letter of the 2nd respondent, dated 11.06.2014, the matter was referred to the Tahsildar, Anantapuram Rural, Anantapuram District (4th respondent), for verification and submission of a report. It appears that so far, no such report is furnished and the request of the petitioner to grant NOC is not acceded to. Hence, this writ petition.
2. It appears from the averments made in the writ petition that the petitioner is an ex-serviceman and was assigned land in the year 2002. After 10 years, as prescribed in G.O.Ms.No.1117, dated 11.11.1993, it is permissible to an ex-serviceman to alienate the property after 10 years. Claiming that the petitioner has fulfilled all other conditions, he has applied for grant of No Objection Certificate. Having received such a request for grant of NOC on 03.06.2014, there is no justification to keep such application pending for more than two (2) months.
3. Having regard to the submissions made and issue involved, without expressing any opinion on merits, the Writ Petition is disposed of directing the District Collector, Anantapuram, Anantapuram District (2nd respondent) to consider the application of the petitioner for issuance of No Objection Certificate and to issue NOC, if the petitioner fulfils the parameters for issuance of such NOC, within a period of two (2) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO, J Date: 6th August, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22357 of 2014 Date: 6th August, 2014