IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.11365 of 2014 BETWEEN G. Vijaya Lakshmi.
AND ... PETITIONER The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.
...RESPONDENTS Counsel for the Petitioner: MR. D. VIJAYA KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following:
ORDER:
Heard.
2. Petitioner claims that her husband was an Ex-serviceman and in view of that, he was allotted land in an extent of Ac.2.54 cents in Sy.No.30 and another extent of Ac.1.43 cents in Sy.No31/1 of Kothavalasa village, Bheemunipatnam Mandal, Visakhapatnam District, as per D-form patta through proceedings No.306 of 1990 dated 26.09.1981. Petitioner, however, states that her husband died on 20.03.1999 survived by the petitioner and three children. Petitioner states that for the sake of family necessities, she desired to alienate the said land and as the prohibition, which is applicable to the initial 10 years from the date of assignment is already over, she claims that there is no impediment in issuance of No Objection Certificate (NOC). Petitioner, however, submits that for the purpose of applying for NOC, the valuation certificate of the land is insisted upon and the fourth respondent, Sub-Registrar, is not entertaining the request for issuance of valuation certificate in the absence of NOC on the ground that the land is included in the prohibitory list of lands. The present writ petition is, therefore, filed questioning the action of the respondent in insisting upon the valuation certificate as a pre-condition for considering NOC.
3. Petitioner has placed reliance upon the orders of this Court in WP.No.9197 of 2014 dated 26.03.2014 where this Court disposed of the writ petition granting liberty to the petitioner to apply to the District Collector for issuance of NOC supported by all the relevant documents and further directed the Collector to consider the said application and pass appropriate orders.
4. Since the case of the petitioner is required to be considered by the competent authority under G.O.Ms.No.307 Revenue (Assignment.I) Department dated 06.06.2013, the valuation certificate is, perhaps, insisted upon, as the authority competent to grant NOC depends upon the value. However, the Collector appears to have authority to grant NOC up to value of Rs.50 Lakhs in terms of the aforesaid G.O.
5. Learned counsel for the petitioner states that the value of the property of the petitioner is much less than Rs.50 Lakhs and as such, there is no impediment for the Collector to consider the request of the petitioner.
In view of the above, the writ petition is disposed of permitting the petitioner to make appropriate application for grant of NOC before the District Collector, second respondent, together with an affidavit disclosing the present market value of the property. The District Collector also is at liberty to call for valuation particulars from the Sub-Registrar concerned and examine the matter in terms of G.O.Ms.No.307 Revenue (Assignment.I) dated 06.06.2013 and pass appropriate orders thereon, in accordance with law, after taking into consideration the valuation report, within a period of three (3) months from the date of receipt of a copy of this order. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J April 28, 2014 DSK