IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14201 of 2014 Between:
B. Fakru Bee, W/o. Shaik Sha Vali, Age: 56 years, Occ: House Wife, R/o. D.No.17/46, Near Samithi Office, Pathikonda, Kurnool District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by the Principal Secretary, Department of Revenue, Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14201 of 2014 ORDER:
In this writ petition, the only grievance of the petitioner is with regard to the insistence by the registering authorities on production of ‘No Objection Certificate’ (NOC) from the Revenue Authorities as a condition precedent for receiving and registering the documents presented by her for registration in connection with immovable property.
2. When the matter is taken up for consideration, learned counsel for petitioner and learned Government Pleader for Revenue submit that the subject matter to the extent of No Objection Certificate is squarely covered by the decision of Division Bench in W.A.No.1653 of 2013. With the consent of both the learned counsel, the writ petition is disposed of at the admission stage. Learned counsel for petitioner also submits that the land in issue is not assigned to Ex-Servicemen.
3. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub-Registrar, Pathikonda, Kurnool District (4th respondent) to furnish the market value to the petitioner without insisting upon such NOC from revenue authorities. The petitioner shall submit a written representation seeking market value of the property. However, if the 4th respondent is of the opinion that no market value can be assigned to the land, he shall pass orders in writing indicating the reasons for such refusal and communicate the same to the party within a period of four (4) weeks from the date of receipt of representation. 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: 29th April, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14201 of 2014 Date: 29th April, 2014 KL