IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38865 of 2014 Between:
Polina Surya Jagga Rao, S/o. Venkata Ramana, Aged about 44 years, Occ: Ex-Serviceman, R/o.Kunchangi Village, Anakapalli Mandal, Visakhapatnam District, Andhra Pradesh.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Registration & Stamps) Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38865 of 2014 ORDER:
The grievance of the petitioner is that the petitioner was discharged from service in the Indian Army on 11.08.1992. As per the Scheme of the Government, he was allotted Ac. 4.50 cents of land in Survey No.385/3 of Kunchangi Village, Anankapalli Mandal, Visakhapatnam District, by virtue of orders of the Mandal Revenue Officer, Anankapalli Mandal, Visakhapatnam District, vide Rc.No.273/2000A, dated 02.06.2001. Ever since the petitioner is in possession and enjoyment thereafter. With an objective to dispose of the said property, the petitioner applied to the District Collector, Visakhapatnam District (2nd respondent) for grant of No Objection Certificate on 26.07.2011, but so far no orders are passed by the District Collector.
2. Learned counsel for the petitioner contends that on submission of representation, the District Collector called for the reports from the Revenue Divisional Officer, Anakapalli Division, Visakhapatnam District (3rd respondent) and thereon from the Tahsildar, Anakapalli Mandal, Visakhapatnam District (5th respondent). The Tahsildar as well as the Revenue Divisional Officer have submitted their reports recommending grant of No Objection Certificate, but for no justifiable reason so far the No Objection Certificate is granted.
3. 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.
4. Having regard to the fact that the petitioner has submitted a representation on 26.07.2011, the District Collector, Visakhapatnam District (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.
5. 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: 18th December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38865 of 2014 Date: 18th December, 2014 KL