Telangana High Court

WP/41023/2014 of Pidikiti Raja Kumari Vs The State of Andhra Pradesh on 31 December 2014

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COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.41023 of 2014 Between: Pidikiti Raja Kumari, W/o. Late Narasimha Rao,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OFANDHRA PRADESH

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOURTEEN

Present

Between:

Pidikiti Raja Kumari,W/o. Late Narasimha Rao,Aged about 75 years, Occ: Senior Citizen,R/o. D.No.17-225, Nuzivid Town & Mandal,Krishna District.

.. Petitioner

AND

The State of Andhra Pradesh,Rep. by its Principal Secretary,Revenue, Registration,Secretariat, Hyderabad & 2 others ..

Respondents

The Court made the following:

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ORDER:

The grievance of the petitioner is that land to an extent ofAc. 02.37 cents in Survey No.34/3, situated at ChekkapalliVillage and Musunuru Mandal, Krishna District, was assigned toher husband late P. Narasimha Rao, who was an ex-serviceman, and was issued a Form-D Patta in the year 1970and after his demise in the year 1993, the said property wasdevolved upon the petitioner and her name was mutated in therevenue records, Pahani and was issued Pattadar Passbookand Title Deed in her favour vide Patta No.794. Ever since thepetitioner is in possession and enjoyment. With an objective todispose of the said property, the petitioner had submittedrepresentations to the District Collector, Krishna District atMachilipatnam (2[nd] respondent) on 23.02.2012 and 30.10.2013for grant of No Objection Certificate, but so far no orders arepassed by the District Collector.

2. In view of the policy of the Government as notifiedin G.O.Ms.No.307, Revenue (Assignments.I) Department, dated06.06.2013, it is mandatory for an ex-serviceman to obtain NoObjection Certificate from the District Collector before he seeks to alienate the property assigned to him as an ex-serviceman. After the issuance of G.O.Ms.No.307, Revenue (Assignments.I)Department, dated 06.06.2013 , the concerned authoritieshave recommended to the District Collector for issuance of NoObjection Certificate, but so far the No Objection Certificate isnot issued.

3. Having regard to the fact that the petitioner hassubmitted representations on 23.02.2012 and 30.10.2013, theDistrict Collector, Krishna District at Machilipatnam (2[nd]respondent) is directed to pass orders on the said request, asexpeditiously as possible, preferably within a period of two (2)weeks from the date of receipt of a copy of this order.

4. With the above direction, the Writ Petition isdisposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shallstand closed.

_________________

P.NAVEEN

RAO, J

Date: 31[st] December, 2014

KL

Date: 31[st] December, 2014

KL

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