IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.17964 of 2014 Between:
Smt. Koyya Ramayamma, W/o. Late K. Guru Murthy, Aged about 54 years, Occ: House Maker, R/o. Dalavari Street, Peda Waltair, Visakhapatnam & 4 others .. Petitioners AND The Government of Andhra Pradesh, Rep. through the Inspector General, Stamps and Registration, MJ Market, Hyderabad & 2 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.17964 of 2014 ORDER:
The petitioners claim to be legal heirs of Late Koyya Guru Murthy, who was an ex-service man. As an ex-service man, as per the Scheme formulated by the Government of Andhra Pradesh, Late Koyya Guru Murthy was assigned Ac.
5.00 cents of land in Survey No.352/2 of Madhurawada Village, Visakhapatnam District, bearing Document number D.R.No.288/82, dated 22.05.1982. The petitioners desired to dispose of the said land.
2. Learned Senior Counsel, Sri D.Prakash Reddy, appearing for the petitioners submits that in view of the orders of the Government in G.O.Ms.No.1117, Revenue (Assignments.I) Department, dated 11.11.1993, the restrain on alienation of the land assigned to an ex-service man is only for a period of ten years from the date of assignment and after 10 years period, the assignee or his successors can alienate the land. When the petitioners sold the property and presented the Deed of Conveyance, the Sub-Registrar, Madhuravada, Visakhapatnam (2nd respondent) illegally refused to receive the document on the ground that the land is classified as an assigned land and, therefore, cannot be alienated.
3. Learned Assistant Government Pleader submits that it is mandatory for the ex-service man to obtain No Objection Certificate from the District Collector before he seeks to alienate the property which was allotted to him as ex-service man. Government to this extent issued orders in G.O.Ms.No.307, Revenue (Assignments.I) Department, dated 06.06.2013.
4. The learned senior counsel submits that the petitioners would make an application to the District Collector supported by all the relevant documents showing the status as ex- service man 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 senior counsel for the petitioners 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 petitioners to apply to the District Collector, Visakhapatnam District 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 petitioners produce No Objection Certificate issued by the District Collector, the Sub-Registrar, Madhuravada, Visakhapatham District (2nd respondent), shall receive and process the deed of conveyance in accordance with the Registration Act, 1908 and Indian Stamp Act, 1899 and release the document if the same is otherwise in order. 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: 1st July, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.17964 of 2014 Date: 1st July, 2014 KL