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.38875 of 2014 Between:
Thotli Raghunatha Reddy, S/o. Sidda Reddy, Age 50 years, R/o. Thanakalli Village, Kadiri Mandal, Chittoor District.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its Secretary, Revenue Department (Registration), Secretariat, Hyderabad & 2 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38875 of 2014 ORDER:
The petitioner claims to have worked in Indian Army and discharged from the service after rendering 24 years of service. As per the Scheme of the Government, he was allotted Ac. 5.60 cents of dry land in Survey Nos.332/2 to 5 of Gajulapellur Village, B.N. Kandriga Mandal, Chittoor District. Ever since the petitioner is in possession and enjoyment thereafter.
2. With an intention to dispose of the said property, when the petitioner approached the Sub-Registrar, Thottambedu, Chittoor District (3rd respondent), the Sub-Registrar informed the petitioner that the land is classified as ‘assigned’ and, therefore, no information can be furnished.
3. Learned counsel for the petitioner submits that in accordance with the Government policy as notified vide G.O.Ms.No.1117, Revenue (Assignments-I) Department, dated 11.11.1993, an ex-serviceman is entitled to alienate the land after a period of 10 years from the date of assignment subject to the property is in possession and enjoyment of the petitioner all alone.
4. Learned Assistant Government Pleader submits that it is mandatory for the ex-service men to obtain No Objection Certificate from the District Collector before they seek to alienate the property which was allotted to them as ex-service men. Government to this extent issued orders in G.O.Ms.No.307, Revenue (Assignments.I) Department, dated 06.06.2013.
5. 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.
6. 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, Thottambedu, Chittoor District (3rd respondent), shall receive and process the documents 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 December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38875 of 2014 Date: 18th December, 2014 KL