Allowed

N. Venkataswamy Chowdary v. The District Collector

Telangana HC15 Mar 2011WP/5974/2011

Case brief

AI extract

What is this about?

In a writ petition, the single judge directed the 4th respondent to process sale documents for specific lands without insisting on a No Objection Certificate. The court held that the prohibition on alienation for assigned lands enacted in 1958 does not apply to lands assigned earlier without such conditions.

What did the court decide?

Directed the 4th respondent to entertain and process petitioners' documents without insisting on submission of No Objection Certificate from respondents 1 to 3.

N. Venkataswamy Chowdary Vs The District Collector — Land Acquisition | Telangana HC (2011)

¶1

THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA

¶2

WRIT PETITION NO.5974 OF 2011

¶3

DATED: 15-3-2011

¶4

BETWEEN: N.VENKATASWAMY CHOWDARY AND ANOTHER .. PETITIONERS

¶5

AND

¶6

THE DISTRICT COLLECTOR, ANANTHAPUR, ANANTHAPUR DISTRICT AND OTHERS .. RESPONDENTS

¶7

THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA

¶8

WRIT PETITION NO.5974 OF 2011

¶9

O R D E R:

¶10

1. The first petitioner purchased the land in Survey No.152-1 to an extent of Ac.0-10 cents (Plot Nos.92, 93, 94, 95 and 96) and the 2^nd petitioner purchased the land in Sy.No.152-1 to an extent of Ac.0.07.5 (Plot Nos.109, 109-A) situated at Itikalapalli village, Anantapur Mandal through various sale deeds. They intended to sell the property to the proposed vendors. For that purpose, they approached the 4^th respondent to gather necessary particulars. The 4^th respondent is said to have insisted that the petitioners must obtain ‘No Objection Certificate’ from the revenue authorities. It is in this context that the petitioners approached the 1^st respondent with an application.

¶11

2. On a report called for by the 2^nd respondent, the Revenue Divisional Officer, Ananthapur, the 3^rd respondent herein, informed that the land is being enjoyed as a patta since 1935 and the entries disclose that it was assigned earlier thereof. Petitioners state that once the land is being enjoyed as patta from the year 1935, there is no necessity of issuing NOC.

¶12

3. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue.

¶13

4. 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.

¶14

Assigned Lands (Prohibition of Transfers) Act, 1977, does not operate vis-àvis the lands that were assigned earlier to 1958.

¶15

5. Even from a perusal of the proceedings dated 16.3.2010, issued by the 1^st respondent, it is clear that the names of various persons are mentioned as pattedars for the lands since 1935. Further, assuming that it was assigned much earlier thereto, there does not exist any condition prohibiting transfer.

¶16

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

¶17

Dated: 15^th March, 2011. ( ASHUTOSH MOHUNTA ,J )

¶18

TNB

¶19

THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA

¶20

WRIT PETITION NO.5974 OF 2011

¶21

DATED: 15-3-2011

N. Venkataswamy Chowdary v. The District Collector

Case brief

What is this about?

What did the court decide?

N. Venkataswamy Chowdary v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

G. Aswartha Narayana Reddy Vs The Joint Collector

M.Thirumeni, Vs The District Collector,.

The Adarsha Nagar Nivasula Sankshema Seva Sangham Vs The Chief Commissioner of Land Administration

Chukkapalli Kodanda Ramaiah Vs the State Rep.by Its the Joint Collector and Another

Poddi Pullaiah Vs the Tahsildar and Another

Obulreddygari Reddeppa Reddy Vs The Government of Andhra Pradesh