Vytla Sailaja, vs State Of Andhra Pradesh
2022 Latest Caselaw 9474 AP

      HONOURABLE SMT. JUSTICE V.SUJATHA
             WRIT PETITION No.25666 of 2015

ORDER:

This writ petition is filed under Article 226 of the

Constitution of India seeking the following relief:-

"....to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent authority in not releasing the document P No.479/2005 and asking the petitioner to obtain No Objection Certificate from the Revenue Authorities is arbitrary, contrary to the provisions of Stamps and Registration Act and to issue a consequential direction directing the 3 rd respondent authority to register and release the document P.No. 479/2005 in faovur of the petitioner..."

In this writ petition, the grievance of the petitioner, as

narrated by the learned counsel for petitioner, Sri Venkateswara

Rao Gudapati, is that the respondents are not releasing the

documents presented by the petitioner for Registration of land

in an extent of Ac.5.00 cents in Survey No.43 of Thangudubilli

Village of Anandapuram Mandal, Visakhapatnam District and

insisting NOC for the process of registration.

Learned counsel would strenuously argue that the

petitioner is Ex-servicemen after his retirement, on his

application, Government allotted the subject lands vide

Dr.No.470/97B dated 01.12.1988 and also issued D-Patta in

his favour.

Further, the Government issued G.O.Ms.No.1117 dated

11.11.1993 permitting the alienation of the lands assigned to

Ex-serviceman, after expiry of ten years from the date of the

assignment. Thereafter, G.O.Ms.No.307 dated 06.06.2013 was

issued and as per the said GO., the 2nd respondent is the

competent authority to issue NOC. Thereafter, in suppression of

the G.O.Ms.no.307, G.O.Ms.No.279, Revenue(Assn.1)

Department dated 04.07.2016 was issued stating that the

procedure of issuing NOC is dispensed with and there is no

need for obtaining NOC in all cases of assignments made to ex-

serviceman and freedom fighters, in which a period of ten(10)

years has expired and also relied upon the judgment of this

Court in W.P.No.12491 of 2019, dated 11-12-2019, wherein it

was observed as follows:

'In view of G.O.Ms.No.279, divulging in clear tone that no NOC shall be insisted for alienation of the lands assigned under the Ex-servicemen quota'

In view of the above observations, this Court feels it

appropriate to allow the Writ Petition.

Accordingly, the Writ Petition is allowed, directing the

respondents process the pending Document No.479/2005 for

registration and release the same, if they are otherwise in order

as per the provisions of the Act and the Rules made there

under, without insisting NOC from the 2nd respondent, within

four(04) weeks from the date of receipt of copy of Order. There

shall be no order as to costs.

As a sequel, miscellaneous applications pending for

consideration, if any, shall stand closed. No costs.

_______________________ JUSTICE V.SUJATHA Date : 08.12.2022 AVTP

HONOURABLE SMT. JUSTICE V.SUJATHA

WRIT PETITION No.25666 of 2015

Date : 08.12.2022

AVTP