S.Masian, S/O Late Munuswamy, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.667 OF 2015 ORDER:

The petitioner claims to be Ex-serviceman and he claims to be the beneficiary of the patta granted in his favour on 18.08.1986 over an extent of 0-30 cents situated in Sy.No.32-5B of Yellapalli Village, Gangadhar Nellore Mandal, Chittoor District. He desired to sell the land to meet his personal expenses and treatment of his mother. In earlier occasion when he approached the SubRegistrar Office for registration of the land, the same was not considered and at that time he approached this Court by filing W.P.No.29373 of 2011, whereupon this Court directed the respondent authorities to pass orders under Section 71 of the Registration Act, 1908. This order came to be passed in C.C. No.1148 of 2013 in W.P.No.29373 of 2011 on 27.08.2013. Thereafter, he made an application to the Collector, the competent authority under GO.Ms.No.307, dated 06.06.2013, seeking no objection. The Collector in turn called for remarks from the 3rd respondent-Tahsildar, who said to have submitted his report on 25.08.2014.

A perusal of the report said to have been sent by the Tahasildar to the 2nd respondent-Sub-Registrar, Chittoor (Rural) reveals that the Sub-Registrar is not competent authority to grant No Objection Certificate. In that view of the matter, the Collector5th respondent shall consider the application of the petitioner and pass appropriate orders with regard to the grant of No Objection Certificate.

The 5th respondent shall pass orders on the application of the petitioner within eight (08) weeks from today.

This Writ Petition is disposed of accordingly. The miscellaneous petitions filed in this Writ Petition, if any, shall also stand dismissed.

___________________________ CHALLA KODANDA RAM, J Dated:27.01.2015.

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