HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18622 2014 Between:
S.Mahaboob Basha, S/o. S.Abdulsattar, Aged 50 years, Occu: Ex-Serviceman, R/o.D.No.4-944, Papampeta, Kalayanagur Road, Anantapur, Anatapur Dist.
.. Petitioner AND The Government of A.P., rep. by its Principal Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18622 of 2014 ORDER:
Petitioner was an Ex-serviceman. He was assigned Ac. 4.10 guntas of land in Old Sy.No.543/1 (Re-Survey No.642/1), situated at Kammuru Village, Kudair Mandal, Anantapur district, as an Ex- serviceman, wherein he was issued ‘D’ Form Patta bearing D.A.R.No.81/1409, dated 30.05.2000. The revenue authorities issued pattadar pass book and title deed vide Patta No.646 in favour of the petitioner. The petitioner intend to dispose of the said property and when approached the Sub-Registrar, Anantapur, Anantapur District (5th respondent), the 5th respondent refused to receive and register the sale deed and insisted for No Objection Certificate from the District Collector. He further stated that in accordance with the orders of the Government in G.O.Ms.No.1117, Revenue (Assignments.I) Department, dated 11.11.1993, the assigned lands given to ex-serviceman can be alienated after ten years from the date of assignment.
2. Learned Assistant Government Pleader for Revenue 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-serviceman. 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 petitioner submits that the petitioner would make an application to the District Collector supported by all the relevant documents showing the status as Ex- serviceman 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, without expressing any opinion on merits, this Writ Petition is disposed of granting liberty to the petitioner to apply to the District Collector, Anantapur, Anantapur 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, Anantapur, Anantapur 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: 18.07.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18622 of 2014 Date: 18th July, 2014 kkm