Smt. Koneti Ramanamma, v. State Of Andhra Pradesh,
THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION Nos.44589 and 44675 OF 2016 COMMON ORDER:
Since the relief sought for in these two writ petitions is one and same, they are taken up together, heard and being disposed of by this common order.
The husband of the petitioner in W.P.No.44589 of 2016 and the husband of the 1st petitioner in W.P.No.44675 of 2016 were assigned lands under Ex-servicemen Quota and when the petitioners, who are the legal heirs of the deceased assignees, tried to dispose of the same, the Sub-Registrar refused to entertain the documents presented by the petitioners for registration by insisting the petitioners to obtain 'No-objection' certificate (NOC) from the revenue authorities. Aggrieved by the same, present writ petitions are filed.
Heard learned counsel for respective petitioners and learned Assistant Government Pleader for Revenue for respondents. With their consent, the Writ Petitions are disposed of at the stage of admission itself.
Learned AGP would submit that some of the pattas granted were not genuine. He also placed on record a copy of G.O.Ms.No.279 dated 04.07.2016 which goes to show that there is no need to obtain 'NOC' in cases of assignment to Ex-Servicemen and Freedom Fighters where period of 10 years has expired from the date of assignment.
In view of the same, the Registering Authorities are directed to entertain the documents presented by the petitioners or their vendees for registration, in terms of G.O.Ms.No.279 dated 04.07.2016, and register the same if the same are in order as per the provisions of Indian Stamps and Registration Act and the Rules made thereunder. However, it is open for the Sub-Registrar to verify the genuineness of pattas granted to the petitioners. If the Registering Authority intends not to register the same, he shall record reasons and communicate the same to the parties. Accordingly, both the Writ Petitions are disposed of. There shall be no order as to costs. Miscellaneous petitions pending in these writ petitions, if any, shall stand closed. ________________________ C. PRAVEEN KUMAR, J Date: 21.12.2016 sur