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High Court for State of TelanganaWP/23484/2015disposed of no costs

M.John Simon Raju, v. The State Of A.P, Rep By Its Principal Secretarary,

2016-08-18A.Rajasheker Reddy4 pages

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.23484 OF 2015 ORDER :

It is the case of the petitioner that petitioner's father namely M.Devadhanam was Ex-Service Man and he was granted patta vide document No.610 of 1969 in Sy.No.561 in respect of land to an extent of Acs.8.55 cents in Kesavapuram Village, Garladinna Mandal, Ananthapur District. After the demise of M.Devadhanam in the year 2005, petitioner inherited the same and he has been issued pattadar pass books and title deeds in respect of the subject property. Now, the petitioner wanted to dispose of the same and approached the 5th respondent, who refused to register the same on the ground that he has to seek NOC from the 4th respondent-Tahsildar. In those circumstances, the petitioner approached the 4th respondent and gave representation for issuance of NOC for the purpose of registration.

The 4th respondent forwarded the representation of the petitioner dated 21.04.2015 to the Revenue Divisional Officer-3rd respondent for the said purpose in terms of G.O.Ms.No.1117, Revenue (Assignment I) Department dated 11.11.1993. As no orders passed on the representation of the petitioner, present writ petition is filed.

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

Learned Assistant Government Pleader for Revenue submits that covering the issue in the present writ petition, the Government of Andhra Pradesh has issued G.O.Ms.No.279, Revenue (Assn.I) Department, dated 04.07.2016 by superseding all the earlier Government Orders. In view of the submission of the learned Assistant Government Pleader for Revenue, since there is no need to obtain NOC from the competent authority, after a period of 10 years from the date of assignment of the land to the petitioner, the 5th respondent is directed to consider the document filed by the petitioner for registration of the

subject land in terms of G.O.Ms.No.279, Revenue (Assn.I) Department, dated 04.07.2016 and pass appropriate orders. However, this order will not preclude the 5th respondent from enquiring into the genuineness of patta granted in favour of the father of the petitioner in respect of the subject land.

With the above direction, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition, shall stands closed. ____________________________ A.RAJASHEKER REDDY, J 18.08.2016 kvs HON'BLE SRI JUSTICE A.RAJASHEKER REDDY

WRIT PETITION No.23484 OF 2015 Date: 18.08.2016 kvs