IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.41023 of 2014 Between:
Pidikiti Raja Kumari, W/o. Late Narasimha Rao, Aged about 75 years, Occ: Senior Citizen, R/o. D.No.17-225, Nuzivid Town & Mandal, Krishna District.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue, Registration, Secretariat, Hyderabad & 2 others ..
Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.41023 of 2014 ORDER:
The grievance of the petitioner is that land to an extent of Ac. 02.37 cents in Survey No.34/3, situated at Chekkapalli Village and Musunuru Mandal, Krishna District, was assigned to her husband late P. Narasimha Rao, who was an ex- serviceman, and was issued a Form-D Patta in the year 1970 and after his demise in the year 1993, the said property was devolved upon the petitioner and her name was mutated in the revenue records, Pahani and was issued Pattadar Passbook and Title Deed in her favour vide Patta No.794. Ever since the petitioner is in possession and enjoyment. With an objective to dispose of the said property, the petitioner had submitted representations to the District Collector, Krishna District at Machilipatnam (2nd respondent) on 23.02.2012 and 30.10.2013 for grant of No Objection Certificate, but so far no orders are passed by the District Collector.
2. In view of the policy of the Government as notified in G.O.Ms.No.307, Revenue (Assignments.I) Department, dated 06.06.2013, it is mandatory for an ex-serviceman to obtain No Objection Certificate from the District Collector before he seeks to alienate the property assigned to him as an ex-serviceman. After the issuance of G.O.Ms.No.307, Revenue (Assignments.I) Department, dated 06.06.2013 , the concerned authorities have recommended to the District Collector for issuance of No Objection Certificate, but so far the No Objection Certificate is not issued.
3. Having regard to the fact that the petitioner has submitted representations on 23.02.2012 and 30.10.2013, the District Collector, Krishna District at Machilipatnam (2nd respondent) is directed to pass orders on the said request, as expeditiously as possible, preferably within a period of two (2) weeks from the date of receipt of a copy of this order.
4. With the above direction, the Writ Petition is disposed of. 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: 31st December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.41023 of 2014 Date: 31st December, 2014 KL