Bora Ramireddy v. State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.28261 of 2016 ORDER:

The case of the petitioner is that he was assigned land to an extent of Ac.5-00 cents in Sy.No.314/P and RS.No.404/P situated at Kapulauppada Village, Bheemunipatnam Mandal, Visakhapatnam District under Ex-servicemen quota and the Tahsildar also issued proceedings in Rc.No.158/81.B3, dated 09-03-1981 clarifying the same. When the petitioner approached the 3rd respondent for presenting the document for registration, the 3rd respondent is insisting for grant of No Objection Certificate (NOC). In view of G.O.Ms.No.279, dated 04-07-2016, land assigned to the Ex-Servicemen can be sold after expiry of 10 years and there is no need to obtain NOC. Hence, the present writ petition is filed.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

Learned counsel for the petitioner relied on order, dated 11-07-2016, passed by this Court in WP.No.19736 of 2016 and states issue is covered by the said order. The same is not disputed by learned Assistant Government Pleader. In view of above facts and circumstances, the 3rd respondent is directed to receive and register the documents of the petitioner for registration of the same in terms of G.O.Ms.No.279, dated 04-07-2016, since no permission is required from the Government for alienation after expiry of 10 years from the date of assignment 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, this will not preclude the 3rd respondent from verifying the genuineness of patta granted to the petitioner. With the above direction, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 14-09-2016 Nvl