IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34893 of 2014 Between:
Balaji, S/o. Adinarayana, Aged about 45 years, Occ: Ex-serviceman, R/o. Kurugunta, Anantapuram Town and Mandal, Anantapuram District.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Stamps & Registration Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34893 of 2014 ORDER:
The petitioner is an ex-serviceman and was assigned land to an extent of Ac. 4.40 cents in Survey No.132/1 of Kurugunta Village, Anantapuram Rural Mandal, Anantapuram District. The assignment was made on 10.08.2004. The petitioner intends to dispose of the said property and places reliance on orders of the Government in G.O.Ms.No.1117 Revenue (Assignment-I) Department, dated 30.04.1993, and contends that after 10 years from the date of assignment, the property so assigned can be alienated by an ex-serviceman. However, when the petitioner presented the document before the Sub-Registrar, Anantapuram Rural, Anantapuram District (5th respondent), the Sub-Registrar refused to entertain the document on the ground that the petitioner has not obtained No Objection Certificate from the revenue authorities. Aggrieved thereby, this writ petition is instituted.
2. Learned Assistant Government Pleader submitted that Government notified orders in G.O.Ms.No.307, Revenue (Assignments-I) Department, dated 06.06.2013, laying down policy which mandate the ex-servicemen to obtain No Objection Certificate from the District Collector before they seek to alienate subject to fulfillment of other conditions. Since the petitioner has not applied for No Objection Certificate and obtained No Objection Certificate, the petitioner is not entitled to alienate the property.
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 and without expressing any opinion on merits, the Writ Petition is disposed of granting liberty to the petitioner 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, Anantapuram Rural, Anantapuram 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.
P.NAVEEN RAO, J Date: 18th November, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34893 of 2014 Date: 18th November, 2014 KL