M.Sri Rama Rao, v. The State Of A.P.

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.19928 of 2015 BETWEEN M.Sri Rama Rao ... PETITIONER AND The State of Andhra Pradesh, Rep. by Principal Secretary, Revenue Department, Secretariat, Hyderabad and others. ...RESPONDENTS Counsel for the Petitioner: MR. GANDURI NAGESWARA RAO Counsel for the Respondents: GP FOR REVENUE (AP) The Court made the following:

ORDER:

Heard.

2. Petitioner intends to execute a document of conveyance relating to the land admeasuring Ac.5-00 in survey No.9/1-14, situated at Kadiyam Village and Mandal, East Godavari District. It is stated that the then Tahsildar, Rajahmundry had assigned the land, in question, in favour of the petitioner on 03.04.1971. Since the petitioner seeks to sell the said land, the registering authorities has required the petitioner to obtain No Objection Certificate (NOC) as the same is ex-servicemen's land. Present writ petition is filed seeking relief for directions to the Registrar to register the documents without insisting on NOC.

3. Evidently, petitioner was assigned the land by the then Tahsildar, dated 03.04.1971. However, presently when the petitioner intends to sell his plot, the policy of the Govenrment has undergone a change and G.O.Ms.No.307, dated 06.06.2013 is in force now where a different mechanism is provided for grant of NOC. To the extent of petitioner's plot, the value of which is less than Rs.50,00,000/-, the District Collector is the competent authority. Petitioner has, therefore, to apply for NOC before the District Collector by setting out the grounds on which he seeks NOC and then it is for the District Collector to consider the said request and pass approrpaite orders.

4. In view of the above, while declining the relief, as prayed for, by the petitioner, writ petition is dipsoed of permitting the petitioner to make appropriate application before the District Collector for grant of NOC under G.O.Ms.No.307, whereupon the District Collector shall examine the said request and pass appropriate orders expeditiously. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

______________________ VILAS V. AFZULPURKAR, J July 2, 2015

Note:- Registry to mark a copy of the order to the District Collector, East Godavari at Kakinada.

{B/o} LMV