HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36542 of 2014 Between:
Muthumala Rama Subba Reddy s/o. Chinna Subba Reddy, Aged about 48 years, Occu: Ex-serviceman, R/o. Chennareddy Palli, Kalasapadu Mandal, Y.S.R. Kadapa District.
.. Petitioner AND State of A.P., rep. by its Principal Secretary to Government, Revenue (Stamps and Registration) Department, Secretariat, Saifabad, Hyderabad and others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36542 of 2014 ORDER :
The case of the petitioner is that the petitioner is Ex-serviceman. According to the petitioner, he was granted D.K.T. patta to an extent of Ac.5.00 cents in Sy.No.78/B1 of Pendlimarri Revenue village fields of Kalasapadu Mandal, Y.S.R.District vide D.K.T.No.123/1403, dated 17.06.1994.
2. Counsel for the petitioner submits that according to the orders of the Government in G.O.Ms.No.1117, Revenue (Assignment-I) Department, dated 11.11.1993, petitioner is entitled to alienate the property after ten years from the date of assignment and since assignment was made in the year 1994, petitioner is entitled to dispose of after 2004 at any time. Petitioner intends to dispose of the land and when approached the Sub-
Registrar, Badvel (2nd respondent) for furnishing the market value, the 2nd respondent informed the petitioner that the property cannot be alienated unless petitioner obtains No Objection Certificate from the District Collector. Counsel for the petitioner submits that it is erroneous on the part of the Sub-Registrar to insist for production of No Objection Certificate when Government Order in G.O.Ms.No.1117, dated 11.11.1993 is clear.
3. Learned Assistant Government Pleader submits that it is mandatory for the Ex- servicemen to obtain No Objection Certificate from the District Collector before they seek to alienate the property which was allotted to them as Ex-servicemen. Government to this extent issued orders in G.O.Ms.No.307, Revenue (Assignments.I) Department, dated 06.06.2013.
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 Ex-serviceman.
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, Badvel, Y.S.R.District (2nd 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: 01.12.2014
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HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36542 of 2014 Date: 01.12.2014 kkm