HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23788 of 2014 Date : 21.08.2014 Between:
Yerra Vishnu Murthy, S/o. Appala Naidu, Age 65 years, R/o.D.No.4-210, CDC No.4297, Nakkavanipalem H/o.Asakapalli Village, Sabbavaram Mandal, Visakhapatnam District.
.. Petitioner AND The State of A.P., rep., by its Principal Secretary, Revenue, (Registration) Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23788 of 2014 ORDER:
The claim of the petitioner is that he is an ex-serviceman. Considering his request, land to an extent of Ac.5-00 was assigned to him, vide DR No.121/392/A3 dated 22.02.1983 and was put in possession and enjoyment of the said property continuously. At the time of assignment, the Survey Number assigned was ‘1’ and subsequently, it was reassigned as Survey No.210/1. The petitioner intended to dispose of the said property for his personal needs and when he approached the Sub- Registrar, Sabbavarm, to ascertain the market value, the Sub-Registrar insisted to obtain ‘No Objection Certificate’(NOC) from the revenue authorities, in view of the orders passed in G.O.Ms.No.307 dated 06.06.2013.
2. The petitioner claims that he has submitted an application to the District Collector, Visakhapatnam on 21.01.2014 who in turn directed the Tahsildar, Sabbavaram, to submit a report. The grievance of the petitioner in this writ petition is that so far the request of the petitioner to grant No Objection Certificate is not finalized and on account of inordinate delay, great prejudice is caused to the petitioner.
3. The request of the petitioner dated 21.01.2014 was entertained and the District Collector, Visakhapatnam, addressed a letter to the Tahsildar, Sabbavaram, on 05.02.2014 (wrongly mentioned as 05.01.2014), but so far, not finalized. In the matters of this nature, such an inordinate delay is unwarranted and causes undue hardship to the individuals, even otherwise entitled to alienate their lands. Even an ex-serviceman is entitled to alienate the land assigned to him after 10 years from the date of assignment. In order to verify the genuineness of such claims, the procedure of obtaining NOC from the District Collector is envisaged. Such procedure should not lead to inordinate delay and the genuine claimants should not suffer due to inordinate delay in granting NOC.
4. With out expressing any opinion on merits, the Writ Petition is disposed of, directing the District Collector, Visakhapatnam, to pass appropriate orders on the representation dated 21.01.2014, submitted by the petitioner, as contemplated under law, within a period of two weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
5. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J 21st August, 2014 Rds