IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15759 of 2014 Between:
Manda Rama Reddy, S/o. Late Sri Venkata Reddy, Hindu, Age 46 years, Occ: Ex-Serviceman, R/o. Flat No.1, Vijaya Krishna Residency, Gayatrinagar, Duppalapudi, Anaparthi Mandal, East Godavari District, Pin Code 533 342.
.. Petitioner AND State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad – 500 022 & 5 others .. Respondents The Court made the following:
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15759 of 2014 ORDER :
The case of the petitioner is that the petitioner is an ex-service man. The petitioner was granted DKT Patta bearing Ref. No.(B) 675/96, dated 18.11.1996, in respect of the land to an extent of Ac. 5.00 cents in Survey No.250/3, situated in Mukkinada Village, Rajanagaram Mandal, East Godavari Dsitrict, It is, therefore, the case of the petitioner that he being an ex-service man and the land being allotted to him, he is entitled to alienate the land after ten years from the date of assignment in accordance with the orders of the Government in G.O.Ms.No.1117, Revenue (Assignments.I) Department, dated 11.11.1993. The petitioner intends to dispose of the land and when he approached the Sub-Registrar, Rajanagaram, East Godavari District (6th respondent), the Sub-Registrar refused to furnish the market value as well as entertain the document for registration on the ground that the land claimed by the petitioner is recorded in the Government records as Gayalu and, therefore, it is a Government land and, therefore, it cannot be alienated.
2. 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.
3. 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 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.
4. 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, East Godavari District at Kakinada (2nd respondent) for issuance of No Objection Certificate supported by all relevant documents. As and when such an application is made, the 2nd respondent shall consider and pass appropriate orders. If the petitioner produces No Objection Certificate issued by the 2nd respondent, the Sub-Registrar, Rajanagaram, East Godavari District (6th 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.
P.NAVEEN RAO, J Date: 10th June, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15759 of 2014 Date: 10th June, 2014 KL