Chapala Seetha Mahalakshmi v. The State Of Andhra Pradesh, Rep.By Its Principal

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.13640 of 2015 ORDER:

Heard.

The petitioners claim to have purchased various extents of lands under various sale deeds and their vendors purchased the said lands from freedom fighters. At the time of purchase, the vendors of the petitioners obtained 'No Objection Certificate' from the 3rd respondent, who was the then competent authority to accord permission.

The 1st petitioner is stated to have constructed a building in the land in question and sought mortgage loan from the Andhra Bank and the bank authorities, on the basis of 'No Objection Certificate' from the 2nd respondent in terms of G.O.Ms.No.307, dated 06-062013 granted loan. Petitioners 2 to 5 are seeking to alienate their respective lands for which the 4th respondent is insisting for 'NOC' from the 2nd respondent in terms of G.O.Ms.No.307, dated 06-06-2013. The present writ petition is filed alleging that the 2nd respondent is busy with the State Capital Works and not in a position to receive applications and consider the same. Hence, this writ petition is filed questioning the action of the 4th respondent in insisting for 'No Objection Certificate' in terms of the aforesaid G.O.

As the petitioners have specifically stated in the affidavit that at the time of the purchase, appropriate 'No Objection Certificate' was given by the 3rd respondent to the vendors of the petitioners and that as per the guidelines issued under G.O.Ms.No.307, dated 06-06-2013, the 2nd respondent is competent to issue 'No Objection Certificates' for the lands where the market value is less than Rs.50,00,000/-, the writ petition is disposed of directing the 2nd respondent to receive the applications of the petitioners for grant of 'No Objection Certificate' in terms of G.O.Ms.No.307, dated 06-06-2013 and process the same and pass appropriate orders thereon expeditiously, preferably within four weeks from the date of receipt of such applications.

The petitioners shall file all documents including NOCs earlier granted by the 3rd respondent in favour of the vendors of the petitioners, to enable the 2nd respondent to examine the matter expeditiously. No costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________ VILAS V.AFZULPURKAR, J Date: 01-07-2015 Prv HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR

W.P.No.13640 of 2015 01-07-2015 Prv