IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22400 of 2014 Between:
Philix Sivakumari, W/o. Late Vinamra Theodore Alias Vinay Kumar, Aged 48 years, R/o. Door No.46/44, Gandhi Girijana Colony, Venkateswarapuram, Nellore City, SPSR Nellore District, Rep. by GPA Holder R. Ramanaiah Naidu, S/o. Balakrishnaiah, Aged 46 years, R/o. Nehuru Nagar, East Gudur Village & Mandal, Nellore District & 2 others.
.. Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & 2 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22400 of 2014 ORDER:
The case of the petitioners is that Late Philix Vinabra Theodore, who is the husband of the 1st petitioner and father of petitioners 2 and 3, is an ex-service man. Land to an extent of Ac. 5.00 cents in Old Survey No.521-C and New Survey Nos.876-2, 875-1, 874-3 and 873-4, situated in Kolanakuduru Village, Manubolu Mandal, SPSR Nellore District, was assigned in favour of Late Philix Vinabra Theodore. He has been issued pattadar passbooks and title deeds under the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971. The husband of the 1st petitioner died on 05.09.2013 leaving the petitioners behind him as his legal heirs. It is, therefore, the case of the petitioners that Late Philix Vinabra Theodore, being an ex- service man, land was allotted to him and after his death, the petitioners, who are his legal heirs, are 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 petitioners intend to dispose of the land and when they approached the Sub-Registrar, Gudur Town and Mandal, SPSR Nellore District (2nd respondent), the Sub-Registrar refused to entertain the document for registration on the ground that the petitioners should get a No Objection Certificate from the revenue authorities.
2. Learned Assistant Government Pleader submits that it is mandatory for the petitioners, who are the legal heirs of the ex-service man, to obtain No Objection Certificate from the District Collector before they seek to alienate the property which was allotted to Late Philix Vinabra Theodore 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 petitioners 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.
4. Having regard to the submissions made by the learned 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 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, Gudur Town and Mandal, SPSR Nellore 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.
P.NAVEEN RAO, J Date: 7th August, 2014 Note: Issue C.C. in one (1) week. (B/o.) KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22400 of 2014 Date: 7th August, 2014