Allowed

K. Ramesh Babu, S/o. K. Paul Raj v. The District Collector

Telangana HC23 Jul 2012WP/22148/2012

Case brief

AI extract

What is this about?

The High Court directed the District Collector to issue a no objection certificate to the petitioner, an exserviceman, seeking to sell government-assigned land, if scrutiny confirms the land was allotted under the exservicemen quota.

What did the court decide?

Directed the District Collector to issue a no objection certificate within two months if the lands were assigned under the exservicemen quota.

K. Ramesh Babu, S/o. K. Paul Raj Vs The District… — Property and Title | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY

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WRIT PETITION No.22148 of 2012

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ORDER:

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This writ petition is filed seeking a mandamus declaring the action of the fourth respondent – SubRegistrar, Madanapalle, Chittoor District, in insisting for no objection certificate for the purpose of registration in respect of lands admeasuring Ac.1.30 cents and Acs.2.78 cents covered by Survey Nos.11/2 and 11/3 respectively situated at Muthakanavaaripalli Village, Kurabalakota Mandal, Chittoor District, as illegal and arbitrary.

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It is the case of the petitioner that he is an exserviceman and he retired from service on 30.11.1990. It is stated that he was also issued identity card vide Ex.1368471995 on 22.02.1991. It is further stated that after his retirement, on his application, the revenue authorities assigned aforesaid lands to him in view of his claim that he is an ex-serviceman. It is further stated that though D-Form patta was issued to him, as he is an ex-serviceman, he can alienate the lands assigned to him after expiry of ten years, in view of orders issued by the Government in

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G.O.Ms.No.1117, dated 11.11.1993. In this writ petition, it is the grievance of the petitioner that in view of financial stringency, he wanted to sell aforesaid lands and when he approached the fourth respondent, he is insisting to obtain no objection certificate from the revenue authorities. Pursuant to the same, he applied for grant of no objection certificate, upon which, enquiry was conducted by the third respondent – Tahsildar, Kurabalakota Mandal, Chittoor District, who in turn also recommended for issuance of no objection certificate. In spite of the same, no steps are being taken by the first respondent – District Collector, Chittoor, for issuance of no objection certificate.

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Whether aforesaid lands were assigned to the petitioner as an ex-serviceman or as a landless person is a matter required to be examined by the competent authority. As the lands in question are recorded as assigned lands in the revenue records, it appears, the fourth respondent insisted the petitioner to get no objection certificate from the first respondent.

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In that view of the matter, as it is stated that aforesaid lands were assigned to him as early as in 1998 under ex-servicemen quota and the third respondent has

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already submitted a report to the first respondent with regard to issuance of no objection certificate, I deem it appropriate to direct the first respondent that on scrutiny, if it is found that aforesaid lands were assigned to the petitioner under

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ex-servicemen quota, he shall issue no objection certificate to the petitioner by taking into account the recommendations made by the third respondent, as expeditiously as possible, preferably, within a period of two months from today.

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Subject to the above, the writ petition is disposed of. No order as to costs.

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In view of disposal of the writ petition, WPMP.No.28397 of 2012 also stands disposed of.

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______________________ R.SUBHASH REDDY, J

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23^rd JULY, 2012.

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Note: issue c.c. in three days.

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kvni

K. Ramesh Babu, S/o. K. Paul Raj v. The District Collector

Case brief

What is this about?

What did the court decide?

K. Ramesh Babu, S/o. K. Paul Raj v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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