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High Court for State of TelanganaWP/30546/2016disposed of no costs

Akuleti Rama Krishna, v. The State Of Andhra Pradesh,

2016-09-14A.Rajasheker Reddy4 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.30546 of 2016 ORDER:

The case of the petitioner is that he was assigned land to an extent of Ac.01-04 in Sy.No.4-6, Ac.01-20 cents in Sy.No.4-7A/1, Ac.0-47 cents in Sy.No.4-7A/2, Ac.0-40 cents in Sy.No.4-7B, Ac.01-23 cents in Sy.No.4-8A and Ac.0-60 cents in Sy.No.4-8B total extent of 05-04 cents under Ex-servicemen quota vide DAR Dis.No.18/1410, dated 18-04-2002. When the petitioner intended to sell the land granted to him, he made application to the 2nd respondent for grant of 'No Objection Certificate'(NOC). Since no action has been taken by the 2nd respondent and 5th respondent in not entertaining the documents, the petitioner filed WP.No.22357 of 2014 and this Court disposed of the same directing the 2nd respondent to consider the application of the petitioner for issuance of NOC, if the petitioner fulfill the parameters of issuance of such NOC. But in vain. It is further case of the petitioner that in view of G.O.Ms.No.279, dated 04-07-2016, land assigned to the ExServicemen can be alienated after expiry of 10 years and there is no need to obtain NOC. Hence, the present writ petition is filed.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

In view of above facts and circumstances, the 5th respondent is directed to receive the documents of the petitioner for registration in terms of G.O.Ms.No.279,

dated 04-07-2016, on being satisfied with the genuineness of patta granted to the petitioner, since no permission is required from the Government for alienation after expiry of 10 years from the date of assignment and register the same if the said documents are in order as per the provisions of Indian Stamps and Registration Act and the rules made thereunder. However, this will not preclude the 5th respondent from verifying the genuineness of patta granted to the petitioner. With the above direction, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 14-09-2016 Nvl