THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.8531 of 2009 ORDER: The petitioner was assigned an extent of Ac.3.00 of land in Survey No.315/13-B of Deshapatrunipalem Village, Parawada Mandal, Visakhapatnam District vide proceedings dated 20.04.1994 in his capacity as ex- serviceman. He intended to sell the property and accordingly presented a sale deed dated 08.08.2007 before the 4th respondent herein for registration. The 4th respondent insisted the petitioner to submit No Objection Certificate issued by the Revenue Department. Accordingly, the petitioner approached respondents 2 and 3. It is stated that the 3rd respondent herein recommended for issuance of No Objection Certificate on the ground that 10 years have elapsed ever since the date of assignment. The same view was taken by the Revenue Divisional Officer and the Joint Collector. The matter is now said to be pending before the 2nd respondent. The petitioner seeks appropriate directions in this regard. Heard the learned counsel for the petitioner and the learned counsel for the respondents. In respect of transfer of assigned lands, two types of restraints operate. The first is under Section 22-A of the Registration Act and the second is under Section 5 of the A.P. Assigned Lands (Prohibition of Transfers) Act. However, the lands that are assigned to ex-servicemen stand on a different footing. Though a clause is contained prohibiting alienation of assigned lands to such persons also, by operation of G.O.Ms.No.1117, dated 11.11.1993, it becomes permissible for the assignees to alienate the land on expiry of ten years from the date of assignment. It is not in dispute that the petitioner was assigned the land in question in his capacity as ex-serviceman. With the expiry of ten years from 1994 i.e., with effect from 21.04.2004, the prohibition against alienation of the land ceases to be operative. In that view of the matter, the very insistence on No Objection Certificate becomes nugatory. The writ petition is accordingly allowed and the 4th respondent is directed to process the document presented by the petitioner without insisting on submission of No Objection Certificate. There shall be no order as to costs. _________ 29.04.2009 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.8531 of 2009 Daet: 29.04.2009 JSU