THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37328 of 2013 Dated : 19.06.2014 Between:
P.Narasimha Reddy, S/o Krishna Reddy, 54 yrs., Agriculture, R/o Padmavathi Nagar, Piler Village & Mandal, Chittoor District.
.. Petitioner And The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37328 of 2013 ORDER :
The case of the petitioner is that he was an ex-serviceman and he was allotted land to an extent of Ac.1.00 cents in Survey No.72/2B o f Piler Revenue Village, Piler Mandal, Chittoor. 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. With an intention to dispose of the land, when he approached the Sub-Registrar, Piler, Chittoor District (5th 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 was described as DKT land and, therefore, it is a Government land and 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, 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 for Revenue, without expressing any opinion on merits, this Writ Petition is disposed of granting liberty to the petitioner to apply to the District Collector, Chittoor, Chittoor District (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, Piler, Chittoor District (5th 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 : 19.06.2014 ssp