THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21934 of 2014 Dated : 04.08.2014 Between:
Chodipalli Gandhi Rao, S/o.Late Chodipalli Suryanarayana, 55 yrs., Occu : Agriculture, R/o.H.No.71-25-29, Sindhya Street, E/24 Colony, Visakhapatnam .. Petitioner And Government of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, & others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21934 of 2014 ORDER :
The case of the petitioner is that the father of the petitioner is a freedom fighter. The land to an extent of Ac.05-00 Cents, in Survey No.137 of Sanghivalasa village, Bheemunipatnam Mandal, Visakhapatnam District, was assigned vide D.R.No.369/91.B3 dated 28.02.1982. The name of the father of the petitioner was mutated in the revenue records, and that the father of the petitioner died on 17.12.1991.
After the death of his father, his brothers, sisters and mother have succeeded to the said property. The petitioners intended to dispose of the said property and when approached the Sub-Registrar, Bheemunipatnam, Visakhapatnam District-3rd respondent, the 3rd respondent informed to obtain no objection certificate from the Revenue authorities. Hence, this writ petition.
Learned Assistant Government pleader submits that it is mandatory to obtain No Objection Certificate from the District Collector before he seek to alienate the property which was allotted to his father as freedom fighter. Government to this extent issued orders in G.O.Ms.No.307, Revenue (Assignments.I) Department, dated 06.06.2013.
Learned counsel for the petitioner submitted that according to the orders of the Government, a freedom fighter is entitled to dispose of the assigned land after ten years from the date of assignment. Since 10 years was over long ago, there is no restraint in disposing of the property and the objection raised by the 3rd respondent is erroneous. Learned counsel for the petitioner also submits that the petitioner would make an application to the District Collector supported by all the relevant documents showing the status as freedom fighter and as and when such an application is made, the District Collector shall consider and grant No Objection Certificate, if the same is in order.
Having regard to the submissions made by the learned counsel for the petitioner as well as the learned Assistant Government Pleader for Revenue, without expressing any opinion on the merits of the case, the Writ Petition is disposed of granting liberty to the petitioner to apply to the District Collector for issuance of No Objection Certificate supported by all relevant documents. As and when such an application is made, the District Collector shall consider and pass appropriate orders within a period of four weeks from the date of receipt of such application. If the petitioner produces No Objection Certificate issued by the District Collector, the Sub-Registrar, Bheemunipatnam, Visakhapatnam District (3rd respondent), shall receive and process the document in accordance with the Registration Act, 1908. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date : 04.08.2014
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