High Court for State of TelanganaWP/31226/2015disposed of no costs

Pasupuleti Venkateswaramma, W/O. Venkateswarlu, v. The State Of Andhra Pradesh, Rep. By Its

2015-09-28Vilas V.Afzulpurkar2 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * WRIT PETITION No. 31226 of 2015 BETWEEN P.Venkateswaramma .. PETITIONER AND The State of Andhra Pradesh, rep. by its Principal Secretary and others ...RESPONDENTS Date of Order pronounced: 28.09.2015 THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether his Lordship wish to see the Yes/No fair copy of the Judgment?

ORDER:- Heard.

2. Petitioner claims that she was granted a DKT Patta No.17/1400 in the year 1999 by the Mandal Revenue Officer, Ongole, with regard to plot No.49/A in survey No.1088/1 Ongole Village and Mandal, Prakasam District. Petitioner intends to alienate the said property together with the house

constructed therein bearing No.5-1-4/1. Aggrieved by the action of the third respondent in not considering the said request unless no objection certificate is produced, the present writ petition.

3. It is evident from the condition 9 of the patta that petitioner has to obtain appropriate approval if she intends to transfer the land. Hence, it is mandatory for the petitioner to obtain no objection certificate in terms of the said clause mentioned in the house site patta and without that the SubRegistrar, respondent No.4, is justified in not entertaining the document proposed by the petitioner.

4. Hence, the writ petition is disposed of giving liberty to the petitioner to approach the competent authority and seek no objection certificate to enable her to alienate the said plot. The fourth respondent shall entertain the document presented by the petitioner, in accordance with law, if accompanied by appropriate no objection certificate. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_____________________ VILAS V. AFZULPURKAR, J September 28, 2015 LMV