Disposed

Jeeru Venkata Narasimham, S/o.late Suryanarayana v. Government of Andhra Pradesh

Telangana HC21 Apr 2014WP/11713/2014

Case brief

AI extract

What is this about?

In a writ petition, a retired serviceman challenged the Sub-Registrar's refusal to register an alienation of ex-service land. The court, without deciding merits, granted liberty to the petitioner to obtain a No Objection Certificate from the District Collector before proceeding.

What did the court decide?

Liberty granted to apply for No Objection Certificate from District Collector; Sub-Registrar to process document upon receipt.

Jeeru Venkata Narasimham, S/o.late… — Pension and Retirement Benefits | Telangana HC (2014)

¶1

HON’BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.11713 of 2014

¶2

ORDER:

¶3

The case of the petitioner is that the petitioner is

¶4

ex-service man. The land to an extent of Ac.5.00 cents in Survey No.26/P of Mudasaralova Village, Chinagadili Mandal, Visakhapatnam District was assigned to the petitioner vide D.R.No.226/88, dated 02.03.1988. It is, therefore, the case of the petitioner that the land as mentioned above was allotted to him as exservice man and in accordance with the orders of the Government in G.O.Ms.No.1117, Revenue (Assignments.I) Department, dated 11.11.1993, he is entitled to alienate the land after ten years from the date of assignment. With intention to dispose of the land, when petitioner approached the Sub-Registrar, Madhuravada, Visakhapatnam

¶5

(4^th respondent), the Sub-Registrar refused to furnish the market value and to entertain the document for registration on the ground that the land claimed by the petitioner is recorded in the Government records as Gayalu and, therefore, it is a Government land and, therefore, it cannot be alienated.

¶6

2. Learned Assistant Government Pleader submits that it is mandatory for the ex-service man to obtain No Objection Certificate from the District Collector before they seek to alienate the property which was allotted to him as ex-service man. Government to this extent issued orders in G.O.Ms.No.307, Revenue (Assignments.I) Department, dated 06.06.2013.

¶7

3. At this stage, the learned counsel for the petitioner submits that the petitioner would make an application to the District Collector supported by all the relevant documents showing the status as exservice man and as and when such an application is made, the District

¶8

Collector shall consider and grant No Objection Certificate, if the same is in order.

¶9

4. Having regard to the submissions made by the learned counsel for the petitioner as well as the learned Assistant Government Pleader and without expressing any opinion on merits, the Writ Petition is disposed of granting liberty to the petitioner to apply to the District Collector for issuance of No Objection Certificate supported by all relevant documents. As and when such an application is made, the District Collector shall consider and pass appropriate orders. On production of No Objection Certificate issued by the District Collector, the Sub-Registrar, Madhuravada, Visakhapatnam (4^th respondent), shall receive and process the document in accordance with Indian Registration Act, 1908 and Indian Stamp Act. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

¶10

_______________ P. NAVEEN RAO, J

¶11

Date: 21.04.2014 ska

Jeeru Venkata Narasimham, S/o.late Suryanarayana v. Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Jeeru Venkata Narasimham, S/o.late Suryanarayana v. Government of Andhra Pradesh

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

Aetigadda Peddanna Vs The Government of Andhra Pradesh

Maddisetti Venkateswarlu, Vs The Government of India

Smt. Kambampati Mahalakshmi, Vs The Government of Andhra Pradesh

Mandem Srinivasulu Vs State of Andhra Pradesh Rep. by its Principal Secretary

M/s. Elite Consultancy Vs Employees State Insurance Corporation

T. Murlidhar Vs State of Andhra Pradesh