HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35027 of 2014 Date: 19.11.2014 Between:
D.Suseelamma, w/o. Late D.Venkatanarsa Reddy, Aged 90 years, Housewife, R/o. Plot No.103, Brigade Heritage Apartments, Devis Cookson Road Junction, Richards Town, Bengalure.
… Petitioner AND The State of Andhra Pradesh, rep.by its Principal Secretary, Revenue Department, AP Secretariat, Hyderabad and others.
.. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35027 of 2014 ORDER:
The case of the petitioner is that his brother late N.Balarama Reddy resident of Utukuru Village, Kovvur Taluk, Nellore District, was a Freedom Fighter. In addition to granting of pension as Freedom Fighter, land to an extent of Ac.1.75 cents was assigned to him in Sy.No.47/2A of Kothapalem Village accounts, Renigunta Mandal vide proceedings Roc.B/939/85, dated 10.12.1985. Late Balarama Reddy was unmarried and after demise of Balarama Reddy, petitioner succeeded the said property. Petitioner intends to dispose of the said property for personal reasons and when approached the Sub-Registrar, the Sub-Registrar insisted for production of No Objection Certificate. Hence, this writ petition.
2. Learned counsel for the petitioner contends that while granting assignment, no restrictions were imposed on alienation of the property. Freedom Fighter is entitled to deal with the property as if it is a private property.
3. Learned Government Pleader submits that on a review of the claims of Freedom Fighters and the Ex-servicemen regarding dealing with the properties assigned to them, Government issued orders in G.O.Ms.No.307, dated 06.06.2013, which inter alia, mandate that an application should be submitted to the District Collector for issuance of No Objection Certificate and as and when such application is made, the District Collector would consider and grant such certificate and in view of the said orders, it is mandatory for the person claiming the land assigned to a Freedom Fighter to apply for No Objection Certificate.
4. At this stage, the learned counsel for the petitioner 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.
5. Having regard to the submissions made by the learned counsel for the petitioner as well as the learned Assistant Government Pleader and without expressing any opinion on merits, 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. If the petitioner produces No Objection Certificate issued by the District Collector, the Sub-Registrar, Renigunta, Chittoor 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: 19.11.2014 Kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35027 of 2014 Date: 19.11.2014 kkm