IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38955 of 2014 Between:
J. Rama Rao, S/o. Ranganayakulu, Aged 68 years, Occ: Agriculturist, R/o. Plot No.101A, Ground Floor, Suryakanti Residency, Srinagar, Near United Public School, Visakhapatnam District.
.. Petitioner AND The Sub-Registrar, Bheemunipatnam, Visakhapatnam District & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38955 of 2014 ORDER:
The petitioner claims to have worked in Indian Army and discharged from the service after rendering 15 years of service. As per the Scheme of the Government, he was allotted Ac. 4.50 cents of dry land in Survey No.314/Part and New Survey No.371/1, situated in Kapuluppada Village, Bheemunipatnam, Visakhapatnam District, by virtue of orders of the District Collector, Visakhapatnam (2nd respondent) vide Rc.No.149/81, B3, dated 03.03.1981. Ever since the petitioner is in possession and enjoyment thereafter. With an objective to dispose of the said property, the petitioner applied to the District Collector, Visakhapatnam District (2nd respondent) for grant of No Objection Certificate on 10.02.2014, but so far no orders are passed by the District Collector.
2. In view of the policy of the Government as notified in G.O.Ms.No.307, Revenue (Assignments.I) Department, dated 06.06.2013, it is mandatory for an ex-serviceman to obtain No Objection Certificate from the District Collector before he seeks to alienate the property assigned to him as an ex-serviceman. After the issuance of G.O.Ms.No.307, Revenue (Assignments.I) Department, dated 06.06.2013 , the concerned authorities have recommended to the District Collector for issuance of No Objection Certificate, but so far the No Objection Certificate is not issued.
3. Having regard to the fact that the petitioner has submitted a representation on 10.02.2014, the District Collector, Visakhapatnam District (2nd respondent) is directed to pass orders on the said request, as expeditiously as possible, preferably within a period of two (2) weeks from the date of receipt of a copy of this order.
4. With the above direction, the Writ Petition is disposed of. 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: 18th December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38955 of 2014 Date: 18th December, 2014 KL