The High Court disposed of a writ petition allowing a petitioner to file a deed of conveyance for ancestral land assigned to his deceased father, an ex-serviceman, noting that the alienation restriction period had expired.
Direction to the Sub-Registrar to receive and process the deed of conveyance without requiring a No Objection Certificate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WRIT PETITION No. 19532 OF 2011
O R D E R:
The petitioner herein Sri Oram Dasaratham claims to be the son of Sri Oram Rajaiah, who was an ex-serviceman. Sri Oram Rajaiah has been assigned land of an extent of Ac.4.20 guntas situate in Survey No. 521 of Tekurthy Village, Jammikunta Mandal, Karimnagar District, through the proceedings of the Mandal Revenue Officer, Jammikunta. He was also assigned, by another proceedings, dated 30.10.1991 in the same survey number another extent of Ac.0.20 guntas. Thus, he was assigned a total of Ac.5.00 of land. It will also be appropriate to notice that the station headquarters of Secunderabad of the Indian Army had certified that Sri Rajaiah had served the Army and got discharged there from. Therefore, he was eligible for being assigned the said land. After his death, his son, Sri Oram Dasaratham has also been granted pattadar passbook bearing No. 422 by the Mandal Revenue Officer, Jammikunta on 07.07.2007. The State Government has taken a policy decision that after expiry of ten-year period, the ex-serviceman can alienate such land. Since more than ten-year period elapsed, there is no further necessity to obtain ‘No Objection Certificate’ from the Revenue Divisional Officer.
If the petitioner presents any deed of conveyance concerning this Ac.5.00 of land situate in Survey No. 521 of Tekurthy Village, Jammikunta Mandal, Karimnagar District, the 4th respondent SubRegistrar may not reject to entertain the same. He may receive the said document, process it in accordance with law, keeping in view the prohibition contained in Section 22-A read with the power available to him under Section 71 of the Registration Act, 1908 and pass appropriate orders.
With this, the Writ Petition stands disposed of at the admission stage, after hearing the learned Government Pleader for Revenue (Assignments). No costs.
---------------------------------(NOOTY RAMAMOHANA RAO, J) 14th July 2011 Issue CC in a week. ksld
1 issue framed by the court
Whether the Sub-Registrar may receive and process a deed of conveyance regarding land assigned to an ex-serviceman after the expiry of the ten-year restriction period.
1 provisions across 1 enactments
Oram Dasaratham
State of Andhra Pradesh
Nooty Ramamohana Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
