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High Court for State of TelanganaWP/2041/2013allowed no costs

Pachharla Jayachandra, v. The District Collector,

2017-04-24M.S.Ramachandra Rao2 pages

HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO W.P.No.2041 of 2013 ORDER:

Heard the learned counsel for the petitioner, learned Government Pleader for Revenue appearing for respondent Nos.1 and 2 and the learned Government Pleader for Registration and Stamps appearing for respondent No.3.

2.

Petitioner purchased plot Nos.10 and 11 in Sy. No.512-3 of B.K. Palle Revenue village, Madanapalle Municipal Area, Chittoor District on 23-02-2004; certain third parties, according to the petitioner are intending to purchase the same; but when they approached the 3rd respondent, he was orally stating that the petitioner's property is not private land, that it was Government land and so he cannot give market value certificate and cannot entertain any document for registration. Petitioner contends that he produced the list of Government lands announced by 2nd respondent in respect of the subject village, in which also there is no mention of the subject land, but still the 3rd respondent was refusing to give market value details.

3.

Petitioner contends that he approached 2nd respondent to issue No Objection Certificate (NOC) which could be submitted to 3rd respondent, but the 2nd respondent is not issuing such NOC though the details of list of Government lands relating to a subject village did not mention Sy.No.512-3.

MSRJ W.P.No.2041 of 2013 4.

Learned Government Pleader for Revenue appearing for respondents has no instructions in the matter even though the matter is more than four years old. No counter affidavit is also been filed by the respondents. So it is presumed that there is no valid excuse for not issuing Market Value Certificate to petitioner for the above land. 5.

Therefore, the Writ Petition is allowed and the 3rd respondent is directed to issue Market Value Certificate to the petitioner in regard to the property owned by him without reference to production of any No Objection Certificate from the 2nd respondent. This exercise shall be completed within four weeks from the date of receipt of a copy of this order. No costs.

6.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 24-04-2017 Kvr