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 SEPTEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28632 of 2014 Between:
Y. Prasada Rao, S/o. Jakraiah, Aged about 65 years, Occ: Ex-serviceman, R/o. Saripudi Village, Medikonduru Mandal, Guntur District.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28632 of 2014 ORDER:
The case of the petitioner is that petitioner served in the Indian Army between 1967 and 1989. After his discharge from Army, the petitioner was assigned agricultural land to an extent of Ac. 1.50 cents in Survey No.573 of Perecharla Village, Medikonduru Mandal, Guntur District, under ex-serviceman category in the year 1986. Ever since the petitioner claims to be in possession and enjoyment and he is cultivating the land. The petitioner intend to dispose of the said property for financial necessities. He entered into a Sale Agreement on 02.02.2014 and presented Deed of Conveyance before the Sub-Registrar, Nallapadu Sub- Registrar Office, Guntur District (4th respondent). The 4th respondent refused to receive the same on the ground that the petitioner should obtain No Objection Certificate from the District Collector, Guntur District, Guntur (2nd respondent).
2. Learned counsel for the petitioner submits that in accordance with orders contained in G.O.Ms.No.1117 Revenue (Assignments.I) Department, dated 11.11.1993, the restraint on alienation of the land assigned to an ex- serviceman is only for 10 years and the period of 10 years expired by 1996 and, therefore, there is no restraint on him for alienation of the land after 1996 and, therefore, the objection raised by the Sub-Registrar was illegal.
3. Having noticed that certain irregularities are taking place in matters concerning lands assigned to ex-serviceman, Government issued detailed instructions in G.O.Ms.No.307 Revenue (Assignments.I) Department, dated 06.06.2013. The orders mandate obtaining of No Objection Certificate from the District Collector by an ex-serviceman before he seeks to alienate the land assigned to him. These guidelines are intended to protect the interest of bona fide assignees and to avoid illegal transactions in the guise of assignments made to ex-serviceman. In view of the said orders of the Government, the insistence of a No Objection Certificate from the District Collector cannot be said as erroneous.
4. Having regard to the same, the learned counsel for the petitioner represents that the petitioner would be advised to submit an application before the District Collector, Guntur District, Guntur (2nd respondent) for issuance of No Objection Certificate and the same should be processed within a reasonable time.
5. Having regard to the submissions made, the Writ Petition is disposed of giving liberty to the petitioner to apply to the District Collector, Guntur District, Guntur (2nd respondent) enclosing all the required documents in support of his claim that he is assignee and that he intend to dispose of the property. On submission of such application, the District Collector shall process and pass appropriate orders, as warranted by law, within a period of four (4) weeks from the date of receipt of such application. 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 September, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28632 of 2014 Date: 23rd September, 2014 KL