Y.Manjula Vs the District Collector and 3 Others

THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA

WRIT PETITION No.4888 of 2011

ORDER:

The petitioner entered into an agreement of sale with M.Nagamma, W/o.Thimma Reddy to purchase an extent of Ac.1.10 cents of lands in Survey No.119-3 of Kandukur Village and Mandal, Ananthapur District. When she approached the 4^th respondent and presented the documents for registration of the said land, the 4^th respondent is said to have insisted that she must obtain ‘No Objection Certificate’ from the revenue authorities. It is in this context that the petitioner approached the 1^st respondent with an application.

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On a report called for by the 1^st respondent, the Revenue Divisional Officer, Anantapur, the 2^nd respondent herein, informed that the land is being enjoyed as a patta since 1956 and the entries disclose that it was assigned earlier thereof. Petitioner state that once the land is being enjoyed as patta from the year 1956, there is no necessity of issuing N.O.C.

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

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The condition prohibiting alienation of the assigned lands was incorporated in the year 1958 and in all the assignments made earlier thereto, the said condition was not incorporated. Therefore, the prohibition contained under Section 22-A of the Registration Act or Sections 3 and 5 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, does not operate vis-a-vis the lands that were assigned

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earlier to 1958.

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Therefore, the writ petition is disposed of directing the 4th respondent to entertain and process the documents that are presented by the petitioner in respect of the land mentioned above, in accordance with law, without insisting on submission of ‘No Objection Certification’ from Respondents 1 to 3. There shall be no order as to costs.

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_________________________________ JUSTICE ASHUTOSH MOHUNTA

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Date: 11.03.2011 va

Y.Manjula v. the District Collector and 3 Others

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Y.Manjula v. the District Collector and 3 Others

Case brief

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