IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39318 of 2014 Between:
S. Jalbun bi, D/o.Late S. Fakruddin, Aged 54 years, R/o. 50-357, Arora Nagar, Kallur Mandal, Kurnool District & 5 others .. Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department (Stamps & Registration), Secretariat Buildings, Hyderabad & 3 others ..
Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39318 of 2014 ORDER:
The claim of the petitioner is that the father of the petitioner was an ex-serviceman. He was discharged from service on 16.02.1954. The petitioner’s father was granted land to an extent of Ac. 1.90 cents in Survey No.114/1B and Ac. 1.94 cents in Survey No.114/3A (total extent of Ac. 3.84 cents), situated at B. Thandrapadu Village Fields, Kurnool Mandal, Kurnool District. The petitioner’s father died on 03.01.2010. The petitioner intend to dispose of the said property. This writ petition is instituted alleging that asking the petitioner to obtain No Objection Certificate from the District Collector is illegal.
2. As seen from record, there is no material filed in support of the claim of the petitioner that the land was originally assigned to his father as an ex-serviceman and, therefore, it can be alienated.
3. Be that as it may, in G.O.Ms.No.307, Revenue (Assignments.I) Department, dated 06.06.2013, Government prescribed detailed procedure for processing the claim of an ex- serviceman for permission to alienate the properties.
4. Having regard to the fact that it is mandatory for an ex-serviceman to obtain No Objection Certificate from the District Collector, the petitioner is granted liberty to file an application before the District Collector placing all the relevant material in support of his claim that the land was originally assigned to his father as an ex-serviceman and grant permission to alienate the said property. As and when such an application is made, 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.
5. With the above observations, 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: 23rd December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39318 of 2014 Date: 23rd December, 2014 KL