Modukuru Venkateswarlu, v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH *** Between:

Modukuru Venkateswarlu.

...

Petitioner and The State of Andhra Pradesh, Rep.by its Principal Secretary and others.

... Respondents DATE OF JUDGMENT PRONOUNCED: 14.08.2015 SUBMITTED FOR APPROVAL:

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 Yes/No see the fair copy of the Judgment?

ORDER:

Heard.

Petitioner intends to sell an extent of Ac.5-00 cents of land in Survey No.56-2 of Akkampet Village, Tada Mandal, SPSR Nellore District and appears to have approached the 4th respondent for registration of the document, who in turn, directed him to file 'No Objection Certificate' and 'Clarification' from the revenue authorities. Questioning the same, the present writ petition is filed. Petitioner states that he is an Ex-serviceman and in that capacity he got 'D' Form patta for the foresaid land on 06.09.1997 and the revenue authorities also issued pattadar pass book and title deeds in his favour. On account of old age, ailments and financial problems, he intends to sell the said land. The petitioner approached the third respondent-Tahsildar on 01.09.2014 with a request to issue 'No Objection Certificate' for selling of the aforesaid land. Thereafter, the 3rd respondent conducted enquiry and recommended to issue 'No Objection Certificate' for selling the land vide his letter, dated 30.10.2014.

Learned Assistant Government Pleader for Revenue, on instructions, states that the petitioner has to make appropriate application before the District Collector as per G.O.Ms.No.307, Revenue (Assignment-I) Department, dated 06.06.2013. Since the petitioner has not made any such application before the District Collector as stated by the learned Government Pleader, liberty is given to the petitioner to make an application before the 2nd respondent seeking 'No Objection Certificate'

in terms of

G.O.Ms.No.307, dated 06.06.2013, and if such an application is received, the 2nd respondent shall consider the same taking into consideration the report of Tahsildar, and if he satisfies himself that the land belongs to the petitioner and comes under Ex-serviceman quota, if permissible, pass appropriate orders expeditiously, keeping in view that the petitioner is 73 years old.

Accordingly, the Writ Petition is disposed of . There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J AUGUST 14, 2015 YVL

Dt: 14.08.2015 YVL