IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24405 of 2014 Between:
N. Srinivasulu, S/o. Jayachandrappa, Aged about 53 years, Occ: Agriculture, R/o. Door No.1-719-1, 3rd Road, Ananthapuram, Ananthapuram District.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & 5 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24405 of 2014 ORDER:
Land to an extent of Ac. 1.50 cents in Survey No.140/13P and to an extent of Ac. 1.00 cents in Survey No.140/12 of Rapthadu Revenue Village, Rapthadu Mandal, Anantapur District, was assigned to the petitioner as an ex-serviceman vide proceedings AM No.45A/1414/2004, dated 27.07.2004. The order imposed a restraint on alienation of the land upto 10 years. The restraint imposed expired on 28.07.2014. For personal necessities, when the petitioner intended to dispose of the said property, the registering authority insisted for obtaining No Objection Certificate from the District Collector, Anantapur, Anantapur District (2nd respondent). Aggrieved thereby, this writ petition is instituted.
2. Learned counsel for the petitioner submits that in view of the orders of the Government in G.O.Ms.No.1117, Revenue (Assignment) Department, dated 11.11.1993, after 10 years the assignee is entitled to dispose of the land and, therefore, insisting a No Objection Certificate is illegal.
3. Learned Assistant Government Pleader representing the respondents submits that on review of the earlier cases regarding alienation of the lands assigned to an ex- serviceman and having noticed that certain illegalities are taking place, the Government issued consolidated orders in G.O.Ms.No.307, dated 06.06.2013, which mandate for obtaining No Objection Certificate from the District Collector.
4. At this stage, learned counsel for the petitioner submits that the petitioner would be advised to submit an application before the District Collector, Anantapur, Anantapur District (2nd respondent) for issuance of No Objection Certificate and the same may be processed within a time bound period.
5. Having regard to the submissions made, this Writ Petition is disposed of giving liberty to the petitioner to submit a representation to the District Collector, Anantapur, Anantapur District (2nd respondent) requesting for issuance of No Objection Certificate on the land assigned to him and as and when such a request is received, the District Collector shall consider and pass appropriate orders, as warranted by law, within a period of three (3) weeks from the date of receipt of such application. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed.
P.NAVEEN RAO, J Date: 25th August, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24405 of 2014 Date: 25th August, 2014 KL