High Court for State of TelanganaCC/1004/2015closed no costs

S. Masian, v. Smt.Susheela,

2017-09-06Challa Kodanda Ram3 pages

HON'BLE SRI JUSTICE CHALLA KODANDA RAM CONTEMPT CASE No.1004 OF 2015 Date 06.09.2017 Between:

S.Masian.

... Petitioner AND Smt Susheela, Tahsildar, Nellore District and others. ......Respondents

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM CONTEMPT CASE No.1004 of 2015 ORDER:

The Contempt Case is filed alleging non-compliance of the order of this Court in W.P.No.667 of 2015 dated 27.01.2015.

There is no dispute that the petitioner, being an exservice man, was granted patta on 18.08.1986 in respect of an extent of Ac.3.00 in Sy.No.32/5A situated at Yellapalli Village, Nellore. When the petitioner desired to sell subject land, he approached Sub-Registrar Office for registration; and, as the same was not considered, petitioner filed W.P.No.29373 of 2011, wherein this Court directed the authorities to pass orders, under Section 71 of the Registration Act, for registration. Considering the limited relief claimed by the petitioner, this Court, by order dated 27.01.2015 in W.P.No.667 of 2015, directed the District Collector to consider the application of the petitioner regarding grant of 'No Objection Certificate' within eight weeks from the date of the order. Non compliance of the order of this Court, in W.P.No.667 of 2015 dated 27.01.2015, is complained of in the present contempt case. Learned Government Pleader for Revenue had placed before this Court the endorsement dated 24.07.2015 issued by the District Collector, Chittoor District to the effect that

the application of the petitioner was rejected on the ground that he failed to produce succession certificate granted through a competent Civil Court. Today, she had placed before this Court G.O.Ms.No.279 dated 04.07.2016 dispensing with 'No Objection Certificate' in cases where patta is granted beyond ten years; and G.O.Ms.No.279 dated 04.07.2016 is in supersession of G.O.Ms.No.307 dated 06.06.2013.

In the light of the above, contempt case is closed. However, petitioner is given liberty to approach the registering authority who shall be obliged to take into consideration G.O.Ms.No.279 dated 04.07.2016 and effect registration as required. No order as to costs. _____________________________ CHALLA KODANDA RAM,J Date: 06.09.2017 usd